Appellate Counseling

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.