When preparing for a trial as an attorney, you need to concentrate on more critical issues that require your undivided attention. It could be preparing witnesses or conducting focus groups. Even if you’re the most brilliant attorney, you need a team to handle miscellaneous motions, Daubert motions, or jury charges.
Trials can become complicated, and the best thing to do is to have an extra eye or ear as you focus on the case. That’s where The Bullard Firm comes in. Our expertise is in identifying and litigating the legal issues that can advance your case at trial and set you up for success on appeal.
An embedded appellate attorney assists defense attorneys at trial, but not with the defense strategy itself. Rather, appellate counsel is focused on ensuring that the trial record is accurate, protecting favorable verdicts by minimizing trial errors, and preparing a case for an appeal in the event of a negative verdict by preserving the court record. In addition, appellate counsel can work with defense to ensure that the legal basis for the appeal is consistent with the defense team’s trial strategy. Lastly, embedded appellate counsel can advise on legal issues, precedent, and other matters that could affect a judge's ruling on various motions.
Appellate counsel is not put in place to correct trial attorneys or push back on trial strategy. Instead, embedded appellate counsel provides an objective perspective on emerging legal issues, prior judicial decisions and other matters that could affect the outcome of a case.
Appellate counsel are essential if you want to maximize your chances of success in a higher court. But bringing appellate counsel at the trial level is a worthwhile decision. Embedding appellate counsel before and during the trial helps you increase the probability of winning the case in the appellate court. Below are some essential benefits of embedding appellate counsel:
Appellate attorneys have the skills to improve the quality of motions in limine, dispositive, and post-trial motions. Allowing the appellate counsel to concentrate on the briefing enables the trial team to focus on trial preparation and fact development and gathering.
The appellate lawyers are also experienced in preservation issues involving making precise arguments and preserving them on record. Hiring the appellate team early in the case also helps them better understand the case and build a strong appeal if it ends up in the appellate court.
Jury instructions are given to the jury to guide them in deliberating the case. Jury instructions should be clear, brief, and focus on the case details. An embedded appellate counsel will help you draft concise instructions without the fear of retribution or bias. They will also stand firm against strict judges during the preservation stage.
Besides standing against bullying judges and drafting jury instructions, hiring an appellate counsel will show the judge how much the case means to your clients. This will alert the judges at the trial court that your client is serious and might consider appealing.
Bringing your appellate counsel at the trial stage also signals the opposing counsel that your client is not willing to settle for less. It shows that your client is well equipped for the legal battle ahead.
The appellate court doesn’t allow you to present new pieces of evidence during the appeal process. Appellate counsel can preserve the evidentiary errors or remind you to re-present the excluded evidence during the initial stages of the trial. If there was prejudice to exclude key evidence during the trial, your embedded appellate counsel will help you point out these issues at the appellate court.
Embedding appellate counsel can be costly, but it’s a priceless investment considering the experience they add to your trial team. The Bullard Firm has the best appellate experience available in Georgia to help argue your case during the trial or at the appellate court. Please contact us online or give us a call at 404-276-1773 to schedule a consultation.