“As part of a litigation team, a trial attorney and an appellate attorney work on parallel tracks toward a common goal — providing the best possible representation to the client throughout the life of a lawsuit. They go about the common goal in a different manner, however. Each attorney has different skill sets. And when they combine those skills, they provide comprehensive representation for the client while keeping litigation costs efficient,” writes Brendan T. Fitzpatrick, partner in the Appellate Practice Group.
In his article for the New York Law Journal, Brendan highlights the various ways to utilize an appellate attorney from the start of litigation through the appeals process.
“There are many benefits in including an appellate attorney as an active member of the trial team. Some of them concern a division of labor that exploits the trial attorney’s and appellate attorney’s discrete skill sets,” says Brendan, who continues on to explain trial work that can be handled by an appellate attorney — such as writing motions in limine, bench memoranda, and pocket briefs.
He continues on to discuss how an appellate attorney’s active involvement can influence trial politics and courtroom interactions. Brendan concludes by saying, “An appellate attorney brings a different and important perspective to any case, whether routine or complex. Trial attorneys and appellate attorneys approach lawsuits differently, looking through different lenses to achieve their mutual goal of getting the best result for their client.”