When to Hire Appellate Counsel

Sooner is usually better when it comes to hiring an appellate lawyer. It is not ideal to place your first call to an appellate lawyer 30 days before a brief is due, and once the appeals process is already underway. You may find that the person you want is fully committed. And it may be too late to address any deficiencies in how the appeal was set up.

That said, it may not be too late. While an earlier engagement is optimum, a later one may be a whole lot better than none.

Sometimes, trial lawyers start to work with appellate counsel before trial in order to ensure that issues are preserved for appeal. For example, an appellate lawyer can help write and research complex and case-critical pretrial motions and oppositions.

Other areas in which it can make sense to involve an appellate lawyer include motions in limine, the preparation of jury instructions and – in the case of a bench trial – preparing or objecting to a Statement of Decision.

An appellate lawyer can also assist with post-trial motions before a case moves to the Court of Appeal. Sometimes, a successful motion for a new trial or a motion for “judgment notwithstanding the verdict” can result in the trial court correcting its own error so that an appeal may not even prove necessary. Likewise, if you were the prevailing party at trial, you may want help defending against those types of motions so that a hard-won victory is not snatched away. Deadlines tend to be short in these circumstances, and the stakes are high.

All of these areas, although not strictly part of the appeals process, are closely intertwined with it. John Derrick has experience working collaboratively and productively with trial counsel from other firms in these types of situations.