Appellate counsel identifies preserved issues, frames the standard of review, and briefs and argues the appeal. Separate retention is common because appellate advocacy differs substantially from trial practice.
Preservation review is the threshold task.
Alternative Names:
Appeals Counsel, Appellate Attorney
Why it Matters?
Bringing appellate counsel in before trial rather than after judgment is the practice that most improves outcomes, since preservation failures cannot be cured afterward and an appellate lawyer reviewing jury instructions and evidentiary objections in advance identifies what must be preserved. Post-judgment retention frequently reveals that the strongest issues were not preserved, which is a discovery no one wants to make.
Frequently Confused with
Related terms
Frequently asked questions
When should appellate counsel be retained?
What does post-judgment retention frequently reveal?
