Defense Digest

On The Pulse … PROFILE OF THE POST-TRIAL AND APPELLATE ADVOCACY PRACTICE GROUP

By Charles W. Craven, Esq. and John J. Hare, Esq.*

The existence of the Post-Trial and Appellate Advocacy Practice Group at our firm reflects a simple fact: post-trial and appellate litigation are far different from trial litigation. When a case enters its post-trial and appellate stages, important but often unappreciated changes occur. The focus changes from the oral to the written word. The decisional audience changes from lay jurors to reviewing judges. Radically different procedures govern the parties' submissions to the post-trial and appellate courts. Entirely distinct decisional criteria control the outcome of the case.

The potential impact of those changes on the future of a case is so significant that the prudent client views the employment of specialized appellate counsel as a necessity. The judicial system involves different judges to handle appeals. Engaging appellate counsel simply recognizes that the game has changed, and it should become as commonplace as sending in the special teams in a football game.

Our Post-Trial and Appellate Advocacy Practice Group was established more than twenty-five years ago. Since then, the Group has provided clients with recognized excellence in the evaluation, development, and promotion of post-trial and appellate arguments. The Group's principal work includes front-line responsibility for the research, briefing, and oral argument of post-trial motions and appeals. In addition, members of the Group provide the unique insights of their interactions with the appellate courts to support the firm's trial attorneys in the optimal development and prosecution of major pre-trial motions, with strategic legal research, and with the analysis of complex and first-impression issues. These services enable the firm's trial attorneys to meet the demands of trial litigation free from the different, intricate, and time consuming regimens of the post-trial and appellate courts. Importantly, members of the Group have also served as advisory members of trial teams in significant cases with potentially large exposure. Involvement at the trial stage allows an appellate attorney to properly position a case for success if post-trial or appellate litigation becomes necessary. When a case enters its post-trial and appellate stages, or when it involves novel or complex issues, members of the Group should be engaged.

To refer a case or to obtain further information regarding the Post-Trial and Appellate Advocacy Practice Group, please contact:

JOHN J. HARE, ESQ.
1845 Walnut Street
Philadelphia, PA 19103
Direct dial telephone: (215) 575-2609
Fax number: (215) 575-0856
E-mail: jhare@mdwcg.com

* Chuck and John are shareholders in our Philadelphia, PA office. John is the director of the Post-Trial and Appellate Advocacy Group, and Chuck is the group's founder. John can be reached at (215) 757-2609 or jhare@mdwcg.com; Chuck can be reached at (215) 575-2626 or ccraven@mdwcg.com.