Christian & Small Managing Partner Deborah Alley Smith was recently featured as one of several contributors – comprised of both attorneys and judges – to an article entitled “Winning Appeals Before the Verdict: Embedding Appellate Counsel in the Trial Team” in the October 2014 issue of For The Defense, a Defense Research Institute (DRI) publication.
The article discusses the increasing frequency with which appellate counsel are being retained early in the legal process and included on trial teams on both sides of the courtroom. According to the author Mark W. Wortham, “parties on both sides of the ‘V’ are becoming increasingly aware of the benefits of embedding an [appellate] attorney in a trial team – an attorney whose job is in part to avoid creating reversible error and preparing post-trial strategy, should things go wrong.”
Wortham spoke to appellate judges, trial judges and attorneys from both sides of the bar and asked them to offer their viewpoints on the early retention of appellate lawyers in the litigation process and the installation of these lawyers on trial teams. Smith discussed a trend she had noticed over the last 10 years among Christian & Small’s clients where clients are not only willing to retain appellate counsel before judgments, but are also involving them earlier in the process. “Earlier is better than later,” Smith said, “but later is better than never.”
Smith went on to say that “becoming involved before a trial allows her to present an objective view of the case to trial counsel and to assist with motions, charges, and other relevant steps. It also creates the opportunity to lessen the potential for reversible error and prepares her for appeal issues – giving her better insight than someone could have from a cold record, a feel for trial dynamics, and a head start on post-trial motions and appellate briefs.”

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