Specialty: Preparing Motions — and Appeals — at the Trial Level

Specialty 2 of 3: Preparing Motions — And Appeals — At The Trial Stage

The time to lay the best foundation for a federal motion or appellate brief is long before the writing starts.  Identification, development, and framing of key facts and issues should occur as early as possible — even during the pleadings stage and the formulation of discovery — with an eye towards:

  • Depositions;
  • All crucial trial-level motions — motions to dismiss, summary judgment, key evidence motions, experts;
  • Pre-verdict judgments and/or post-trial relief;
  • Jury instructions;
  • Jurisdiction;
  • Facts, including potential mixed questions of law and fact; and
  • Standards of review, if on appeal.

Obviously, trial counsel must focus on the multiple issues that occur daily during litigation and trial — issues that require full and immediate attention every day.

There is never enough time.  Consequently, preparing for a distant motion — let alone an appeal — is often low on the priority list.  Yet the early and sustained cultivation of key facts and issues can make the difference.

The seasoned outside attorney — the federal courts generalist-specialist described previously — adds value to trial counsel by efficiently assisting with the development of the key facts and issues, through input and communication tailored to fit trial counsel’s specific needs.


Disclaimer:  This is an outsourced independent contractor service only for licensed attorneys / lawyers and/or law firms, litigation boutiques, solo practitioners, and legal counsel.  I do not represent individuals or parties.  I work only for attorneys, by contracting with the lawyer and/or law firm.  This service and site are not intended for non-lawyers or the public.  This site is attorney advertising in jurisdictions where it must be so designated.  I do not serve attorneys or law firms in jurisdictions where it is prohibited by professional responsibility rules or otherwise.  Consult an attorney if you have a particular issue or case.  This site and its information do not create an attorney client relationship.  Use of this site constitutes agreement with the Terms of Use.