Appellate Practice & Procedure Class #2: How Appellate Lawyers Bring Value at the Trial Court Level presented by D. Todd Smith http://texasappellatelawblog.com for Solo Practice University™
Appellate Practice & Procedure
Class #2:
How Appellate Lawyers Bring Value
at the Trial Court Level
presented by
D. Todd Smithhttp://texasappellatelawblog.com
for
Solo Practice University™
An Appellate Lawyer’s Skill Set
Researching the law
Applying it to facts
Develop a persuasive argument favoring client’s position
Positioning for Appellate Review
Identifying appealable issues in your case
Identifying issues of interest to appellate courts
Developing the issues as needed to put the case in the
best possible position if/when it goes up on appeal
All with a more objective, dispassionate point of view
than trial counsel’s
Case-Shaping Opportunities
Strategic Planning and Analysis
Motions/Responses and Trial Briefing
Jury Charge Preparation
Error Preservation
Strategic Planning and Analysis
Legal theories Claims and defenses
Discovery Opportunity to shape the facts to fit theories
What to emphasize or minimize
Experts Whether they are needed
How best to use them
How to handle Daubert-type challenges
Timing and subject of motions
Motions/Responses & Trial Briefing
Pre-trial Motions to dismiss—jurisdictional issues, pleading defects
Motions for summary judgment—legal or evidentiary issues
Trial Handling legal issues as they arise
Judgment Crafting the document
Ensuring finality/avoiding problems
Post-trial/post-judgment JMOL, JNOV, MNT
Findings of fact and conclusions of law
Error Preservation
In most cases, a prerequisite to raising an issue on appeal
Pre-trial issues
Evidentiary objections
Jury submissions
Post-judgment motions
Jury Charge Preparation
Ideally, draft very early in the case•Helps inform trial lawyers when developing evidence
•Identify opportunities for advocacy
•Accurately reflect the law, phrased to produce the desired outcome
Pattern jury charges•Useful tools, but don’t rely on them entirely
•Check recent developments in case law
Handling the charge conference•Allows trial counsel to focus on closing argument
•Advantageous to have monitored the entire trial
Questions?
“Stop by” during office hours
Participate in the official study group
Visit the Appellate Discussion Lounge
Appellate Practice & Procedure
Class #3:
Handling an Appeal—The Decision to
Appeal and Preliminary Matters
presented by
D. Todd Smithhttp://texasappellatelawblog.com
for
Solo Practice University™