Should you hire an appellate attorney before trial even begins? The short answer is - yes! An appellate attorney can provide litigators with valuable services pre-trial, during trial, and post-trial. Scott Smith,in his article "When An Appellate Lawyer Joins The Litigation Team," details the various benefits a litigator will receive by bringing an appellate attorney into the litigation team.
Pre-trial, an appellate attorney can assist trial counsel by preparing the motions in limine. Well researched and drafted pre-trial motions, not only greatly increase the chances of success, but also the motions will help set up the issue for appeal - should counsel be unsuccessful at trial.
During the trial, the appellate attorney can work on drafting jury instructions and verdict forms. Post-trial, appellate counsel can draft necessary post-trial motions.
If an appeal is necessary, with an appellate counsel as part of the litigation team, appellate counsel will be immediately ready to offer a reasoned opinion as to potential appellate issues and can immediately get the appeal underway.
While Scott Smith's article was written from a defense point of view, the article is a must read for both plaintiff's attorneys and defense attorneys facing an upcoming trial.
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