Trial attorneys frequently question what benefit there would be to hiring an appellate specialist in lieu of handling appeal related issues themselves. The short answer is that a trial lawyer’s skills are significantly different than those possessed by an appellate practice attorney or paralegal.

I. The Difference Between Trial and Appellate Practitioners.
The trial lawyer’s primary focus during trial must be persuading the jury on the facts by examination of witnesses, opening and closing arguments and voir dire. That is a full time job in itself. The appellate specialist’s primary focus during trial, however, is issues of law - to make sure that the trial record is as complete as possible for appeal, properly preserving evidence objections, directed verdict motions, jury charge matters and voir dire strikes for cause.

Appellate specialists are also useful for reviewing or preparing pre-trial motions and transcripts to ensure that your presentation is sufficient to satisfy the most unforgiving appellate panel. Very detailed, strict rules of law apply to the preservation of error in appellate practice. A mistake can very easily lead to a complete bar to raising the issue on appeal.

II. Concentrate on Winning the Trial.
While some trial error can be anticipated, briefed ahead of time, and fully argued on the record, other error is unanticipated and must be handled correctly on a real time basis. Critical portions of the appellate record may be made early in the morning before the jury arrives, during breaks, over the lunch hour, and after the jury has been discharged at the end of the day. An appellate specialist can be tasked with the primary responsibility for fleshing out the record during such opportunities in order to make sure that the record contains everything that is required for appeal. By off loading a large part of those responsibilities to the appellate specialist, the trial lawyers can concentrate on winning the case at trial.

III. Worst Persons to Handle an Appeal.
Most trial lawyers have very little experience in the appellate courts, and it is no secret that some of the worst persons to handle appeals are the trial attorneys themselves. Absolutely nothing matters on appeal other than what is in the record, and trial attorneys are biased by all of the things that they have observed throughout the case such as emotions, surrounding circumstances, vibes and the like. These things truly do not matter on appeal unless they are part of the record.

As a result, it may substantially benefit you to have an appellate specialist involved in the appeal who will view it in the same manner as the appellate panel who will ultimately review the case.

IV. Trials You Expect To Win.
While the foregoing focuses on dealing with a bad trial situation, appellate specialists can also be of real assistance in trials you reasonably expect to win. For years plaintiffs’ trial lawyers have been hiring appellate specialists to assist them in big cases for this very reason, especially when you know that your adversary will be on the prowl at the close of the case seeking a reversal.

V. Conclusion.
There is little to no value to litigating a trial only to have judgment reversed on appeal or to not be able to obtain a retrial on what should have been a reversible error. A number of factors need to be considered, but there is no doubt that an appellate specialist can bring real advantages to a trial team.