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An appeal is not simply the next step in a case, and shrewd clients and
trial lawyers recognize the need for adept appellate litigators to counsel
them on appeal. For this reason, an effective appellate lawyer must do more
than just litigate appeals. Appellate lawyers must also work with trial
lawyers. At Turner Green LLP, we regularly work with trial counsel, both
before and after judgment, sometimes as shadow appellate counsel. We are
able to provide appellate counseling services without damaging the existing
trial lawyer-client relationship.
- We can help well before judgment. We regularly engage with trial
lawyers to advise on the availability of appellate mechanisms at various
stages of a case as it is pending in the trial court, as well as the
likelihood of success of early appeals or writs. There are certain
appellate mechanisms that can be explored in a case before a final
judgment is entered. For example, there is a federal statutory basis for
interlocutory review of certain trial court orders as well as
extraordinary mandamus or writ review in certain circumstances. We can
offer strong and accurate conclusions about the viability of any such
mechanisms in your particular case.
- We can help on the eve of judgment. There are often arguments that can
and should be made so as to preserve issues for appeal, and we are
regularly engaged to provide such services and counseling so that trial
counsel is able to preserve arguments for appeal. Preserving certain
arguments by way of motions in limine or objections to trial court
statements of decision can be critical so as not to lose appellate
jurisdiction over claims.
- We can help in different ways after the notice of appeal has been
filed. Not only do we handle appeals ourselves, but we also help trial
lawyers litigate their own appeals, by co-authoring a brief, sometimes as
shadow counsel, identifying problems in the briefs that trial counsel,
being too close to the events below, might have overlooked, any by helping
trial counsel prepare for oral argument.
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