Hidden within the ordinary details of a case, you are likely to find important issues that change how you argue it. For example; imagine you have a client who arrived home from a party and surprised and injured a burglar. His sobriety was questionable because of the party and that might influence his version of the events. Making a list of all of the facts, from obviously relevant to seemingly irrelevant, can help you spot issues like time of day, or likely intoxication, that might otherwise be buried in the narrative. Limit the list to just the facts: at party, drove home, arrived 2 a.m., saw burglar, hit burglar. This gives possibly relevant issues a chance to stand out. Full sentences make it harder to see the whole set of facts.
Write down all the component parts of the relevant law and resist the temptation to decide early what is important. You might miss something important. Use the component parts to decide what needs to be proven for the plaintiffs to win. Think about all the possibly-applicable laws that support the plaintiff's case in this way, so you have the opportunity to include as many issues as possible in your analysis. Review the applicable case law to identify what issues have been successfully used in similar cases.
Thorough issue spotting skills require that you spend time considering all the possible arguments your opponent could make. Use your facts list to identify issues that both help and hurt your case, so you are prepared for as many counterarguments as possible. Similarly, consider what issues the Judge might respond to so you can be prepared to use your objections wisely.
Some issues are more likely to help in an appeal than others. Look for issues that get your client the most relief, or are most likely to result in a new trial. According to Texas Appellate Judge Deborah Hankinson and attorneys Warren Harris and Tracy Temple, these are usually a "matter of law challenge" to alter a judgment or a "factual sufficiency challenge" to obtain a new trial. Therefore; issue spotting in appeals situations should focus on these issues. You should also consider the standard of review, meaning if appeals are rarely granted for certain types of arguments then, even if you feel strongly that a ruling was inappropriate, it is not a strong issue for appeal. Focus instead on similar cases with successful appeals and look for issues that might be similar in your case.