Be Proactive—Hire Appellate Counsel Now

Posted on June 28, 2007 by D. Todd Smith

For my 100th post, I am pleased to feature a topic near and dear to all appellate lawyers' hearts:  why trial counsel and their clients should hire us early in the litigation process.  Leane Capps Medford of RoseWalker, LLP lays out several compelling reasons in Preventive Medicine for Your Case:  See Your Appellate Lawyer Long Before Trial, from the ABA Council of Appellate Lawyers' e-zine, Appellate Issues.

I wholeheartedly agree with Leane's suggestions that trial lawyers utilize appellate counsel to:

  • analyze claims and damages;
  • identify legal trends that could impact the case;
  • help focus discovery efforts;
  • create better trial motions and briefs; and
  • attend critical hearings to build credibility and assist the court.
Difficult as it may be, trial lawyers and their clients should break out of the mindset that appellate lawyers should only be consulted in the biggest cases or after an adverse decision has come down.  As Leane explains, appellate counsel retained early in the process can add a great deal of value along the way.
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