APPELLATE COUNSELING
- Independent Appeal Evaluations: Only about one third of cases get reversed on appeal in federal court. And it is often difficult for those who have been litigating a matter for years to objectively assess the costs and benefits of appealing. We can provide a fresh perspective on your case, and help you decide whether it is worth appealing. In doing so, our goal would be to help you make the right decision for your case, not to convince you to retain us as appellate counsel. Relatedly, if you are running a “beauty contest” for an appeal that requires a larger team, we can help you to choose appellate counsel. And, if you succeeded in the trial court, we can help you assess the risks posed by your opponent's appeal, to better inform your approach for mediation or settlement.
- Briefing Support: If you are involved in an appeal, and already have appellate counsel, we can work with your team to bring your brief to the next level. Our assistance can be tailored to your team’s needs. On one end of the spectrum, we can offer a second pair of eyes to spot potential weaknesses in your brief and provide big-picture feedback. On the other, we can take the pen and undertake a hands-on edit for conciseness and clarity.
- Moot Court and Other Support for Oral Advocacy: We can help arguing counsel prepare for oral argument. Unlike many trial court arguments, appellate arguments are before a panel of judges who are new to the case. Appellate judges are often interested in testing the limits of the parties' positions not only for the case at hand, but for future cases. We can assist lawyers in preparing for a range of possible questions, and in honing their theory of the case.
- Appellate Support to Trial Teams: The best appellate strategy begins before a complaint is even filed, or, if you’re on the other side of the “v,” with that first choice of whether to answer the complaint or file a motion to dismiss, remove, or transfer. We can help identify claims and defenses and preserve key issues for appeal, including by briefing and arguing key motions. And while we are not trial lawyers, we can support trial teams to help ensure that issues get preserved in motions or jury instructions, so that the trial lawyers can focus on what they do best.
