Your odds of appellate success are greatest when you include an appellate specialist as part of the trial team from the beginning of the litigation. An appellate lawyer does much more than handle the appeal. Among the substantial benefits such a lawyer can bring to the trial table are the following:
Formulating Claims and Defenses: Appellate lawyers necessarily deal with a wide range of claims and defenses in their practices. Often, they may have ideas for “outside the box” theories that may not occur to trial lawyers.
Reviewing Pleadings: Nothing is worse than having a theory of appellate relief foreclosed by lack of any pleading to support it. The appellate lawyer can help avoid this scenario.
Seeking or Resisting Summary Judgment: Because summary judgment turns on legal arguments, appellate lawyers have the best skill set for handling these types of motions.
Evaluating and Preparing Experts: With the increased willingness of appellate courts in Texas to review the foundations for expert witness opinions, this area of trial preparation has become far more important—and far more hazardous. An appellate specialist can help identity potential “analytical gaps” that may make expert testimony vulnerable on appeal.
Preservation of Error: Before, during, and after trial, the appellate lawyer can help ensure all possible avenues of appellate relief are preserved. This is particularly important during trial, when the trial lawyers are focused on making their case to the jury.
Jury Charge: Most appellate specialists begin their analysis of a new appeal with the jury charge—and with good reason. Preparing a jury charge engenders tremendous risk of error. An appellate specialist can help ensure the jury receives a proper charge, and avoid errors (including the dreaded Casteel error).
A Different Perspective: Of course, appellate lawyers just view cases differently than trial lawyers do. A trial lawyer necessarily is consumed with how the case will play to a jury. Appellate lawyers have a more detached view that may help inform better trial preparation.