Assuming that appellate practitioners handle only appeals is like assuming that trial lawyers only try cases. We both do a lot more. A huge part of what appellate lawyers do happens long before an appeal. Often, we can help you win the case early or at least narrow the issues for trial.

The following are just some examples of what appellate lawyers do outside of appellate courts.

  • New case assessment. Is it a winner or a loser? Worth taking on a contingent fee? Let us spot the legal issues so they can be addressed from the outset.
  • Planning legal strategy. What causes of action or defenses are strongest? How must they be pleaded? Are there developments in law or procedure that could come into play? We deal with these issues constantly and can save you the research.
  • Analysis and interpretation of contracts, insurance policies, statutes, rules. From our experience in appellate courts, we are trained to obsess over the minutiae.
  • Dispositive motions. Can we win it on the law without the expense of trial? Or at least narrow the issues for trial? We can make sure you take your best shot.
  • Interlocutory appeals and mandamus. If you receive bad rulings along the way, relief may be available sooner than you think.
  • Expert challenges. This is another area fraught with procedural pitfalls for the unwary. Let us help ensure your witness stays in (and the other side's gets excluded).
  • Trial planning. The facts may be the "meat" of a trial but the law is the skeleton. Adequacy of pleadings, motions to exclude evidence, burdens and elements of proof, trial briefing—these can all make or break a case.
  • Trial. You are focused on the facts. Let us worry about law and procedure—admission or exclusion of evidence, preservation of error, motions for directed verdict or judgment as a matter of law, and the jury charge.
  • Post-trial. We can offer a fresh assessment of the issues after verdict and make sure they are adequately addressed in motions for new trial, judgment notwithstanding the verdict, or judgment as a matter of law—and ready for an appeal if necessary.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.