Strategy and advice

Our experience as seasoned litigators and trusted advisors to federal judges across the country uniquely positions us to provide key insights into case strategy.

Types of advice we’ve provided

Presentation of Case Facts

Evidence and testimony ring differently in the courtroom than they do in writing. We have helped trial counsel present their case facts as persuasively as possible in written form.

Retention of Experts

We have advised trial counsel regarding the necessity and usefulness of expert witnesses to proving certain claims.

Assessment of Potential Claims

We have assisted trial counsel in evaluating the strength of potential alternative claims for relief.

Evaluation of Potential Motions

Trial counsel have looked to us for guidance on whether and when to file certain motions, such as motions for summary judgment, motions for judgment on the pleadings, motions for sanctions, motions for disqualification, and others.

Analysis of Key Legal Issues

We have researched key legal issues to enable trial counsel to assess a case’s likelihood of success. Trial counsel have leveraged our research to obtain favorable outcomes for their clients.

Preservation of Appellate Issues

We have assisted trial counsel in building the best record possible to preserve key issues for appeal.

What does strategic advice from appellate counsel look like?

Trial counsel are experts in courtroom advocacy, witness examination, and case management. What they sometimes need is a different perspective, someone who can step back and think about the bigger picture.

We serve as a sounding board for trial counsel who want to pressure-test their theories, identify weaknesses before opposing counsel does, and make sure the case is positioned for the best possible outcome.

When to bring us in

Strategic advice is most valuable early, before key decisions have been made and options have been foreclosed. Ideal moments include when a case is first being evaluated, before filing or defending a lawsuit, when a key motion is being considered, or when a trial date is approaching. That said, it’s rarely too late.

The appellate perspective

Appellate counsel think differently than trial counsel, not better, just differently. We are trained to see cases the way judges see them: through the written record, the applicable law, and the strength of the legal arguments. That perspective can be invaluable at the trial court level.

Strategy starts before trial

Having appellate counsel involved in case strategy from the beginning, not just at the end, helps ensure that every decision is made with the full picture in mind. The earlier we are engaged, the more we can do to position the case for success at trial and protect the record if the case needs to go further.

We’re here to help

If you need an appellate perspective or a fresh pair of eyes on your case, let’s explore if we’d be a good fit.