Appellate Counsel Can Have Key Role at Trial

The role of appellate counsel in the trial process has evolved over the last 10 to 15 years. Sophisticated trial attorneys and litigants increasingly recognize that appellate counsel can provide invaluable assistance before it is time to file a notice of appeal, and their advice can make the difference between winning and losing or help to limit the amount of an adverse judgment.

Appellate lawyers are often aware of legal issues currently percolating in the appellate courts, subjects on which there is a dispute among the appellate courts, or relevant cases pending in the state or U.S. Supreme Court. This knowledge can be useful in identifying potential legal issues and creating a record for presenting them on appeal.

At the post-trial stage, an appellate lawyer continues to play a crucial role by participating in post judgment settlement negotiations, which may lead to a favorable resolution that avoids an appeal.

As appellate counsel’s role at the trial level continues to expand, whether to involve appellate counsel in the early stages of litigation will become an increasingly important consideration for in-house counsel and their clients wishing to position their case for the best possible result.

While clients may initially be reluctant to pay to add another lawyer to the trial team, doing so could prove to be more cost-effective in the long run, as it increases the odds of achieving a better result at trial or a positive ruling on appeal.