Embedded Appellate Counsel at the Trial Level: Demonstrating Your Value to Trial and In-House Counsel

It’s never too early for appellate counsel to play a key role in a lawsuit. Although appellate specialists typically become part of a case only after an adverse verdict or judgment is entered, involving appellate counsel early in litigation offers a chance for trial counsel to take advantage of the appellate lawyer’s expertise and insights. An embedded appellate lawyer can bring a fresh perspective to a case and help a busy trial team identify and develop critical legal issues, establish the best record for appeal, reduce the likelihood of reversible error, and achieve the best possible outcome for a client.

Appellate attorneys can also offer invaluable advice to corporate in-house counsel tasked with managing litigation. An appellate specialist can serve as a key advisor to in-house counsel by providing a dispassionate assessment of the case, including the viability of potential appellate issues and the likelihood of success on appeal. Appellate counsel may also be able to identify opportunities for early appellate determination of important issues.

1. Partnering with trial counsel
   1. Developing legal theories and litigation strategy
   2. Preparation of motions, jury instructions, and verdict forms
   3. Involvement during trial
   4. Post-judgment proceedings
2. Partnering with in-house counsel
   1. Case evaluation
   2. Ethical issues
   3. Assessing risks and benefits of pursuing an appeal

The panel will review these and other issues:

• How can appellate counsel most effectively contribute at trial?
• How can appellate counsel help create a strong record for appeal?
• What qualities do in-house counsel look for in an appellate specialist?
• What business development strategies can help appellate counsel increase partnerships with trial counsel?