The Appellate Group of Frost Brown Todd LLC works to avoid the pitfalls of appellate advocacy by focusing on the unique aspects of appellate law.
Most litigation never leaves the trial court.
As a result, most litigators focus exclusively on trial practice - on developing a case through discovery, narrowing the issues through motions practice, and either negotiating a settlement or persuading a judge or jury to render a favorable decision. An appeal often is an afterthought, with trial-focused litigators assuming that their trial preparation has sufficiently prepared them for appeal, and that all that is required is a rearguing of points already made in the trial court. That approach is a disservice to clients, who look to the appellate lawyer to preserve a hard-fought victory or undo a trial court defeat. Appellate advocacy must be approached differently than trial advocacy. They have even less opportunity to persuade the judges orally.