Events
Duane Morris Partner Robert Byer to Examine "What Trial Lawyers Can Learn from Appellate Lawyers: Effective Appellate Advocacy Actually Begins at Trial"
October 4, 2012 | Video Webcast
Duane Morris partner Robert Byer will explore "What Trial Lawyers Can Learn from Appellate Lawyers: Effective Appellate Advocacy Actually Begins at Trial" for an ALI-CLE video webcast on Thursday, October 4, 2012, from 2:00 p.m. to 3:00 p.m. (Eastern time).
Appellate advocacy and adjudication are fundamentally different from what transpires in trial courts. The failure to recognize critical differences, including how the perspective of an appellate judge differs from that of a trial judge, can result in the loss of an otherwise winnable appeal. In addition, the failure of trial lawyers to keep an eventual appeal in mind frequently results in waiver or procedural default, and appellate courts are becoming increasingly strict about enforcing issue preservation requirements. Effective appellate advocacy actually begins in the trial court, but that frequently is overlooked in the press of preparing and trying the case. To help those involved in litigation better understand and practice appellate advocacy, Mr. Byer will look at issues such as:
- The essential differences between trial advocacy and appellate advocacy, including the different procedures and the differences between deductive reasoning, used in appellate advocacy, and inductive reasoning, used in trial advocacy, and how that difference directs effective briefs and oral argument
- Jurisdictional considerations, i.e. when you may (or should) appeal
- Tips for issue preservation
- Tips for issue selection in light of different standards of appellate review
- When to involve an appellate specialist, including the role of an appellate lawyer while a case is in the trial court
For more information, or to register, please visit the ALI-CLE website.
