Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.

 Skip to Content

10 Appellate Commandments for Trial Lawyers
August 26, 2013
  1. Always bring appellate counsel into the case before trial. If the case is important enough to try, it almost certainly will be important enough for the loser to appeal.
  2. Always, at the very least, involve appellate counsel as soon as the verdict is returned or a bench order is issued. The short period that follows can be a critical time to assure a proper record for appeal and to preserve error.
  3. Always make a record. Never handle an important issue off the record, and if you must do so, put it on the record later. Making a record includes filing materials discussed in court, such as all requested jury instructions and all demonstrative aids, and, especially when objectionable conduct occurs, explaining on the record what is taking place.
  4. Always make a complete proffer of any evidence or testimony excluded by the court. And, do not let the other side make a proffer without addressing it and, if necessary, making your own proffer.
  5. Always require court reporters to continue reporting while depositions are read as evidence. After trial or a hearing, review all transcripts to see if there are errors or omissions, and, if so, promptly correct them.
  6. Never fail to raise an issue with the trial court, to seek a new trial after an adverse verdict, or to move for reconsideration merely because you believe the trial court will deny the request. A rejection is what meats grounds for appeal.
  7. Always let your appellate lawyer know if there are other cases or appeals pending with the same legal issue. Coordination may be necessary to ensure proper evidence is presented or issues are raised in all cases.
  8. Always consult appellate counsel before seeking interlocutory appellate review.
  9. Always consult appellate counsel before addressing any sanctions motions against you or the client. They can help make the best record possible.
  10. Always consider appellate counsel a resource and a team member. Appellate attorneys do not wish to try cases and are not there to compete with you or hinder your efforts to win. They want to win the trial too, and be the appellee.
Authored By
Image: Sylvia H. Walbolt
Sylvia H. Walbolt
Related Practices
Appellate & Trial Support
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.