Leane Capps Medford of Rose•Walker, LLP wrote an excellent article for the ABA Council Of Appellate Lawyers monthly E-zine, Appellate Issues on when trial counsel should hire an appellate attorney.
In her article, Preventive Medicine for Your Case: See Your Appellate Lawyer Long Before Trial, Ms. Capps argues that all too often, trial lawyers bring their cases to appellate lawyers late in the litigation process. Unfortunately, by then, it may be too late for appellate counsel to "save" the case. After the litigation process is over, pleadings and positions have been set in stone and legal issues may have been waived. For those reasons, getting appellate attorneys involved from the beginning of the case can help trial counsel preserve issues, frame better arguments, and help trial counsel better develop the case. So, how does a trial lawyer effectively use an appellate attorney during the litigation process. In, her article, Ms. Medford suggests the following:
- Use an appellate lawyer to analyze your claims and damages.
- Use an appellate lawyer to identify legal trends that could impact the case.
- Use an appellate lawyer to help focus your discovery efforts.
- Use an appellate lawyer to create better trial motions and briefs.
- Bring an appellate lawyer to critical hearings before trial to build credibility and assist the court.
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