Winning or losing a case at the trial court level is often only one part of the litigation picture. JDGLAW prides itself on “guarding the appellate line” at all times, with sensitivity to the differences in culture and approach distinguishing trial courts from appellate courts.

“Guarding the appellate line” does not commence only after trial. It starts with considering the likelihood of appellate issues, including reversal rates of assigned trial court judges, the current state of the law, the damages at stake, the parties’ ability to fund or bond an appeal, and the client or their adversary’s goals beyond the immediate dispute. It continues throughout the pre-trial and trial process, to ensure that objections, evidence, and court rulings are properly preserved for appeal in the trial court’s record.

Although every court is different, appeals tend to reveal certain patterns. Appellate Judges place enormous emphasis on written submissions, and often may dive deeper into the granular details of legal problems than busy trial judges with limited time to consider and issue rulings at trial. Appeals are often heard by at least three judges, so the practitioner must be prepared to field questions from multiple jurists with differing factual and legal perspectives. Most importantly, while every good judge considers the broader impact of a ruling on the law generally, that is especially acute at the appellate level, where appellate rulings can bind or be followed by many other courts. As such, the skilled appellate lawyer must grasp and address larger legal and policy concerns than the immediate matter, all the while focusing on their client’s specific problems and desired results.

JDGLAW understands all these considerations and recognizes that the intellectual challenge of the practice is secondary to protecting and advancing a client’s rights. Sometimes not pursuing an appeal is the wisest decision a client makes, and sometimes settling a case before an adversary commences an appeal is the best outcome. Josh is also skilled at the art of storytelling. To an appeals court judge or their law clerks, an appellate record may just be a mass of transcripts, court filings documents, and other exhibits. But whether a seemingly dry business dispute, or a dramatic alleged crime, an appeal is always about people, and making the events come alive so that the legal outcome is sensible and appropriate.

We welcome the opportunity to discuss the Firm’s appellate advocacy services with you.