Think Appeal Before Trial
Trial is all about establishing the facts of your case. An insufficient factual showing at trial, either in quality or quantity, is very difficult to remedy on appeal. The time to establish the legally relevant and substantive facts required for the outcome you desire is before trial.
The Case Analysis
An appeals lawyer is well situated to provide the impartial, fresh perspective needed for the evaluation and preparation of cases for trial. Case analysis complements and enhances trial preparation.
A case analysis involves legal research of relevant litigation issues, review of the existing case materials, and proposals to enhance the ultimate case. How can the quality and quantity of available evidence enhance your case and diminish the opposition's case? How can legal precedent improve your case and focus the attention of evidence in your favor?
The result is a better presentation at trial, which in turn enhances your client's ability to succeed on appeal. Can the discretionary issues be limited, the factual issues enhanced, and the legal issues flushed out at trial? Perhaps a foundation to extend legal precedence is appropriate.
In the end, the desire is for the client to prevail at trial. For it is much easier to win at trial than to overcome a loss on appeal! Furthermore, your client's victory is much less likely to be challenged on appeal if your opponent is left with merely discretionary issues to consider on appeal.
Significant Legal Writing Projects
If you desire a well researched and professionally written legal memorandum, motion for summary judgment, or other significant legal writing project then an appellate attorney is well suited to your needs. You, the trial attorney, are freed up to deal with your busy trial schedule while the research and writing is being performed for you.
The primary focus of the appellate lawyer is the production of professional significant legal writing. It is the foundation of a case on appeal. The trial lawyer has access to this skill set when an appeals attorney is hired for the writing project.
Developing a significant legal writing requires research, analysis, and persuasive writing. These writings are typically written to persuade the reader on matters of law rather than fact. After all, it is the trial that addresses discrepancy of fact.