Helping Trial Lawyers Navigate the Appellate System

Be Proactive—Hire Appellate Counsel Now

[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″ shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_link_target=”_self” column_shadow=”none” column_border_radius=”none” width=”1/1″ tablet_width_inherit=”default” tablet_text_alignment=”default” phone_text_alignment=”default” overlay_strength=”0.3″ column_border_width=”none” column_border_style=”solid” bg_image_animation=”none”][vc_column_text]For my 100th post, I am pleased to feature a topic near and dear to all appellate lawyers’ hearts:  why trial counsel and their clients should hire us early in the litigation process.  Leane Capps Medford of RoseWalker, LLP lays out several compelling reasons in Preventive Medicine for Your Case:  See Your Appellate Lawyer Long Before Trial, from the ABA Council of Appellate Lawyers’ e-zine, Appellate Issues.

I wholeheartedly agree with Leane’s suggestions that trial lawyers utilize appellate counsel to:

  • analyze claims and damages;
  • identify legal trends that could impact the case;
  • help focus discovery efforts;
  • create better trial motions and briefs; and
  • attend critical hearings to build credibility and assist the court.

Difficult as it may be, trial lawyers and their clients should break out of the mindset that appellate lawyers should only be consulted in the biggest cases or after an adverse decision has come down.  As Leane explains, appellate counsel retained early in the process can add a great deal of value along the way.[/vc_column_text][/vc_column][/vc_row]

D. Todd Smith
About the Author

D. Todd Smith is an Austin-based civil appellate specialist who works with trial teams from the earliest stages of litigation. In trial courts, he takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

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