A year after appellate practitioners reported a growing role in trial-level litigation, lawyers are split on whether demand continues to climb.[...]

Leah Mintz, an appellate lawyer at Duane Morris, echoed that appellate trial support has not only continued since the pandemic, but appears to be accelerating, especially in high-stakes civil cases. She said the trend took off as large verdicts made in-house counsel more focused on preserving the trial record, but she also sees a broader recognition that appellate lawyers bring a valuable, fresh perspective to trial strategy.

“I think that trend has definitely continued and continued to accelerate. We have not seen a leveling off of interest, at least in our practice," Mintz said, noting that they have seen "more and more clients coming to us for this type of work as they get close to trial."

Mintz said that she thinks part of what's driving the trend is that the risks involved with a big verdict feel more real, making it make sense to spend more money at the trial stage than companies or clients maybe would have before the wage of nuclear verdicts.

Mintz said she has seen an increase in appellate counsel getting involved earlier on in litigation.

“Sometimes we would get a call about a case that’s about to go to trial in a week or two, and that’s harder for us to make an impact in the development of the case if things like jury instructions and verdict sheets and motions in limine have already been filed,” Mintz said. “So, I would say having us involved earlier, including even at the summary judgment stage, has been one change."

According to Mintz, appellate counsel's perspective can prove especially valuable after trial, particularly in Pennsylvania state court, where parties have 10 days to file post-trial motions following a verdict, nonsuit, or decision. She noted that while the deadline is doable, “it’s harder to get up to speed if you haven’t been living with the case for the past couple of weeks," and that "it's always easier to know some of the background and have some institutional knowledge about the case.”

Additionally, Mintz said she sees appellate trial support most frequently used in personal injury cases, including products liability and medical malpractice litigation, as those clients are often the "most concerned about having a properly preserved appellate record in case a large verdict does come down."[...]

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