Appellate Practice
May 12, 2023
The appeal of putting an appellate lawyer on a trial team
It is becoming increasingly common for appellate attorneys to embed themselves in a trial team just weeks or months before the trial begins. An appellate attorney can play an important role in three ways: preservation, perspective, and presentation of the law.
Thomas G. Sprankling
Wilmer, Cutler, Pickering, Hale & Dorr LLPPhone: (650) 858-6062
Why include an appellate lawyer on a trial team? Appellate attorneys are often viewed as more abstract thinkers, who, if trial is viewed as a baseball game, enter the stadium only after the last hot dog wrapper has been swept up. And, to be sure, an appellate attorney's role on appeal is to condense an often-complicated factual record and clarify for a three-judge panel precisely why the game should be played again (or why the umpire was exactly right in his or her d...
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