Defense Digest

On the Pulse...Profile Of The Post-Trial And Appellate Advocacy Practice Group
By John J. Hare, Esq.

Our firm's Post-Trial and Appellate Advocacy Practice Group consists of eight members strategically placed to meet the needs of clients in all jurisdictions served by the firm. Averaging 21 years of experience, the members of this group bring a wealth of varied backgrounds and experiences to assist clients and trial attorneys handling cases in the firm's numerous practice areas.

The group's existence reflects a simple fact: post-trial and appellate litigation are far different from trial litigation. When a case enters the 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. Application of the law generally trumps equitable and emotional arguments designed to influence a jury. The focus shifts from the facts to the law: appellate judges defer to the trial court and jury with respect to the former but not the latter. Appellate judges defer to some types of decisions by trial judges but not others. 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 these differences on the outcome of a case is so significant that the employment of specialized appellate counsel is a necessity, not a luxury. The judicial system employs different judges to resolve appeals, so it only make sense to employ specialized appellate counsel to prosecute and defend those appeals. Given their experience and familiarity with the relevant procedures and standards, the members of our Appellate Group can litigate post-trial and appellate matters in an efficient and cost-effective manner that is simply not possible when a busy trial attorney, who may handle only a few such matters in his or her career, is forced to learn on the fly. Not surprisingly, a number of major clients and insurers have implemented programs to formalize the use of post-trial and appellate counsel, and this trend will grow as the law becomes ever-more complex. Engaging specialized 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 25 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 development of a winning strategy and the research, briefing, and oral argument necessary to succeed in post-trial motions and on appeal. Equally important, the 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 and trial motions. 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, the 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 not only to assist with significant issues that arise during trial but also to properly position a case for success if post-trial or appellate litigation becomes necessary. An appellate attorney involved at the trial stage is an effective legal advisor who can focus on the "big picture" of the case, with an eye to future proceedings, while the trial attorney concentrates on winning the case before the jury.

Finally, the members of the group are frequently called upon to educate clients and trial attorneys about important changes in statutory and case law and to monitor emerging legal trends that can influence the firm's practice areas. The group is the firm's legal department and, through seminars, presentations, law alerts and strategy sessions, its members seek not only to provide advice regarding the current state of the law but to analyze and predict where the law is headed.

Consequently, the group's mission is three-fold: (1) to effectively prosecute and defend post-trial motions and appeals; (2) to augment the depth and effectiveness of pre-trial and trial teams; (3) and to provide timely analysis of legal developments. When a case enters the post-trial and appellate stages, or when it involves novel or complex issues, the employment of specialized counsel can, quite literally, make the difference between winning and losing.

To refer a case or to obtain further information about the services of our firm's Post-Trial and Appellate Advocacy Practice Group, please contact: