Invaluable expertise and insight are available from experienced retired jurists on our Appellate Panel whether your appeal is pending, anticipated or the case is still in the critical post-trial phase in Court. An evaluation of whether there are grounds to pursue an appeal or writ, along with guidance on technical issues, critical legal questions or overall strategy can save time and money and avoid potentially costly mistakes. Obtain a neutral assessment of mock appellate arguments, review and critiques of briefs, development of an effective appellate presentation and more.
- Case Evaluations:
Case evaluations, which are typically sought before an appeal is filed, is a process in which the attorneys for both sides present a summary of their cases to a neutral evaluator. The evaluation can be conducted through written briefs, oral argument or both. The evaluator then renders a non-binding opinion of the merits of the case and range of potential outcomes predicated upon the issues and evidence presented. The parties may then use this feedback to help reach a mutually agreeable resolution. The case evaluator can also act as mediator.
Similar to a case evaluation, this is a one-sided process used when a request is made to evaluate the position and contentions of one side in a pending or potential appeal. Rather than offering evaluation to all parties simultaneously, a party may seek a neutral’s view of their own litigation position and strategy. Consultations may include an overview of the case, review of appellate strategy, critiques of appellate briefs and development of an effective appellate presentation. Given the one-sided nature of the consultation, the neutral typically cannot subsequently act as mediator.
- Moot Court:
Moot court allows counsel to present their appellate arguments in a practice setting modeled on the appellate procedures used in state and federal courts. Attorneys may choose to present their mock arguments to an individual, or to a multi-member panel, drawn from our experienced appellate attorneys or retired justices. Counsel preparing for an appeal may elect to use a moot court to test theories, practice presentation skills, and gain feedback from an experienced neutral or neutrals.
- Appellate Mediation:
Although trial has concluded, post-trial motions and appeals will further delay the desired resolution of the parties’ dispute. Mediation remains a worthwhile option in order to avoid even more time-consuming and costly litigation. An appellate mediator will help the parties reevaluate their positions and consider the risks and benefits of potential appellate decisions. For prevailing plaintiffs, actual recovery may be years away. Prevailing defendants risk reversal. And for both sides, the risk of retrial is cause to reconsider what may be their entrenched positions based on the outcome of trial. Settlement on appeal can also prevent the creation of unfavorable precedent which may harm the parties or their industry.