Before and during trial, an appellate specialist brings his or her different skill sets to supplement your trial team. Appellate lawyers view trials differently, from a bigger picture, focusing on ensuring the record is properly preserved and how best to frame arguments in the trial court to improve the chances of success on appeal. The appellate lawyer can also advise trial counsel on that critical balance between the need to preserve the record for appeal and the need to not alienate the judge or jury by repeatedly objecting to things that are not likely to become appellate arguments.
Having an appellate lawyer at trial also can show the trial court that you are aware of the complexity of the appellate process and are ensuring you are putting your best foot forward. Importantly, the appellate lawyer is not there to second-guess your trial lawyer, but rather to work as a team to ensure your case is in its best position through all phases of the litigation process.
Consequently, as your appellate lawyer at trial, I can assist with substantive or dispositive motions, evidentiary and procedural issues, legal issues, motions in limine, motions for directed verdict, jury instructions, verdict forms, charge conferences, and post-trial motions. I can also advise on trends in the law from an industry perspective, so that needed changes in the law can be obtained at the appellate level. That change necessarily starts with properly teeing up the issue in the trial court.