For some litigators, jury instructions are more of an afterthought than a central part of trial strategy. But, they can be critical for appeal. Jury instructions tend to be rife with error precisely because trial
Since appellate justices were not present at the original trial, they need a reliable record of those proceedings to consider along with the briefs. Preparing (or designating) an official record for appellate review in the
Written briefs are the single most important part of an appeal in the California courts. Oral arguments, if you have them in your case, are typically brief. The appellate judges will rely largely on what’s
Consumer Attorneys Association of Los Angeles’s magazine, ‘Advocate’, just published a new article written by Janet Gusdorff. Titled “Valuing Your Appeal – A Formulaic Way of Deciding When Outsourcing the Appeal to Appellate Counsel Makes
Litigants sometimes make the mistake of viewing civil appeals as simply another bite at the apple: a new trial. But appeals are not opportunities to relitigate cases simply because the outcome was unfavorable. In fact,
What Are My Odds of Winning? This is the most common question I receive from trial attorneys seeking to challenge an adverse ruling or finding themselves lamentably responding to defendant’s appeal. The answer depends largely
Litigants often wonder why they should hire separate appellate counsel. Trial counsel may be tempted to handle the appeal because of their familiarity with the facts of the case. Why bother? The expertise required to
Have you ever wished for a formula to help you determine when it makes financial sense to appeal an adverse judgment? If so, you’ll definitely want to check out my upcoming article in the December
The larger the non-economic damages award, the more likely defendant will challenge it. Defendants have an edge on appeal for challenging substantial non-economic damages because the appellate court relies on a “cold” written record of
Civil appeals are notoriously slow; in non-COVID-19 times, we typically estimate 18 months from the filing of the notice of appeal to the disposition in the Second Appellate District of the Court of Appeal (covering
What is Misconduct? The line between zealous advocacy and misconduct may be gray and fuzzy, but there are some bright-line examples of misconduct to avoid and also, to object when opposing counsel oversteps: Discussing matters
When Do Defendants Retain Appellate Counsel? Hint: It May Be Sooner Than You Think. I was recently retained to appeal an unfortunate grant of summary judgment in a catastrophic injury case. I recognized the defendant’s
