Comments on: Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 2: “It’s Just Litigation.”

By: Greg May

Greg May — Wed, 08 Oct 2008 19:03:55 +0000

Todd,

No doubt about it, those are the “Big 3.”

You’ll notice as the series progresses that I am tackling them in smaller chunks. The above post really covers just one facet of your #1. Next week’s installment will cover another facet of your #1: the trial lawyer’s sense that the case requires an expert in the substantive area of the law at issue.

As you probably already know, this week’s post is related to your #3.

By: D. Todd Smith

D. Todd Smith — Wed, 08 Oct 2008 13:10:35 +0000

I’d like to add something to the discussion, In my view, an appellate specialist brings three things to the table that trial lawyers and their counsel don’t always appreciate fully:

1. knowledge of and familiarity with the appellate-court system, rules, and players;

2. special training and skill in the art of written and oral appellate advocacy; and

3. a dispassionate, neutral viewpoint helpful to an honest evaluation of the case.

These factors can add tremendous value and, when the outcome could go either way, bolster the chances of success.

By: Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 3: “No one knows the case better than I do.” | The California Blog of Appeal

Tue, 07 Oct 2008 15:56:36 +0000

[...] Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 2: “It̵… [...]

By: A Double Standard . . . of Review | The California Blog of Appeal

A Double Standard . . . of Review | The California Blog of Appeal — Wed, 01 Oct 2008 15:48:06 +0000

[...] Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 2: “It̵… [...]

By: Buffalo New York Lawyers

Buffalo New York Lawyers — Tue, 30 Sep 2008 12:10:25 +0000

As a partner in a general practice firm, I can attest to your statement that “Clients almost always want a specialist when one is available”.

By: klerk

klerk — Sun, 28 Sep 2008 03:44:11 +0000

The Ninth Circuit makes a standards of review outline publically available here.

By: Joe

Joe — Wed, 24 Sep 2008 14:24:53 +0000

I think part of the challenge is that litigators often believe that they can handle any form of litigation, whether it’s healthcare, intellectual property, entertainment, etc. The legal world is increasingly specialized, and litigators of all types must come to grip with that fact, whether civil or criminal.