Why Specialized Appellate Counsel?

Why not just continue with trial counsel on appeal? Because appeals are different than trials. Appeals require a firm experienced in presenting cases to appellate judges, not juries. Appeals require a firm that knows which issues to present and not to present, and how to present them.

Appeals require a lawyer who can see the case's larger picture—one who wasn't involved in the ups and downs of the trial litigation. The appellate specialist provides the client with a fresh perspective on the case, clarifying the issues that matter to appellate courts.

Trial counsel who continue representing the client on appeal can have difficulty objectively assessing the appeal's merits. Where they've won at trial, trial counsel tend to trivialize appellate issues the adversary has raised that, in fact, may be significant. Where they've lost at trial, trial counsel contest too many trial rulings, disregarding that most rulings, even if incorrect, had little impact on the outcome and are unlikely to obtain appellate relief. Filing a scattershot brief that fails to focus on the one or two issues that usually impacted the result does not give the client the best chance of winning on appeal.

Permitting trial counsel to continue representing your Company on appeal—without input from experienced appellate counsel—can be a costly mistake. The ineffective appellate advocate can squander your Company's one chance of overturning an unjust result. And where your Company won at trial, the ineffective advocate can forfeit your victory. Everything your Company fought so hard to win can be lost if your opponent highlights just a single error that persuades the appellate court (click here for an example).