Reversing a Bad Verdict on Appeal

When a trial goes badly an appeal offers an opportunity for a reversal, but you cannot redo the testimony, arguments, or objections that led to an adverse verdict.

The in-house legal team can help the appellate attorneys put together a strong appeal by providing them with all necessary information as early as possible, staying involved in the appellate strategy and maintaining a frank dialogue.

Since there is a tight deadline for filing post-trial motions, and often a short track to the appeal, the appellate team will need to read the record immediately. If you were not in the courtroom yourself, it will be especially crucial to discuss early on the appellate counsel’s impressions about where the trial went off the rails, and where opportunities may exist for a turnaround on appeal.

The starting point for a sound appellate strategy is the standard of review. The appeal must focus on arguments that offer the most favorable standard. Ask the appellate team to explain the various standards of review, and the resulting impact on your arguments, early in the process. Make sure you understand the practical consequences of each argument, so that you can help weigh its pros and cons and educate your internal clients.

The appellate team will also want to discuss the possibility of settlement. If settlement is a viable option, consider developing an assertive appellate front that will allow you to negotiate from a position of strength.