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- Embedded Appellate Counsel
Embedded Appellate Counsel in Complex Multi-Week Trials
Complex multi-week trials present the preservation problem in its most acute form. The volume of evidentiary issues is large. The pace is relentless. Unexpected developments arrive daily — witnesses who say things they were not anticipated to say, documents admitted…- Trial Assistance
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- Issue Preservation
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- Embedded Appellate Counsel
When Should a Trial Attorney Bring In Appellate Co-Counsel?
The question of when to add appellate co-counsel to active litigation is not primarily a timing question — it is a recognition question. The timing follows from recognizing that appellate concerns are present in the case in a form that…- Practice Tip
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- Issue Preservation
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- Trial Assistance
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- Embedded Appellate Counsel
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- Post-Trial Motions
Post-Trial Motions as Appellate Preservation Tools
The verdict has been entered. Most of the trial team’s attention is turning toward what comes next — whether that is filing a notice of appeal, beginning settlement negotiations, or advising the client on how to respond to enforcement of…- Issue Preservation
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- Practice Tip
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- Trial Assistance
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- Embedded Appellate Counsel
Evidentiary Objections and Appellate Preservation: Getting It Right at Trial
Evidentiary rulings are among the most frequently appealed issues in Utah civil and criminal practice — and among the most frequently denied on harmless error grounds. The reason is a structural problem: most evidentiary objections at trial are made quickly,…- Evidence
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- Issue Preservation
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- Trial Assistance
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- Embedded Appellate Counsel
Jury Instructions and Appellate Risk: What Trial Counsel Should Know
Jury instructions sit at the intersection of everything that matters in appellate practice: they are reviewed for legal accuracy under the most favorable standard available to appellants (de novo — no deference), they often determine how the jury evaluates the…- Jury
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- Issue Preservation
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- Trial Assistance
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- Embedded Appellate Counsel
How Issue Preservation Works — and Why Trial Attorneys Need Help With It
The preservation doctrine is one of those rules that every litigator knows in principle and many underestimate in practice. It is not enough to raise an issue — it must be raised in the right way, at the right time,…- Issue Preservation
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- Trial Assistance
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- Embedded Appellate Counsel
Why Most Appeals Are Won or Lost at Trial, Not on Appeal
Ask most litigants what determines the outcome of an appeal and they will point to the appellate brief or the oral argument — the performance at the appellate level. That intuition is understandable but wrong. The brief and the argument…- Trial Assistance
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- Issue Preservation
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- Practice Tip
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- Embedded Appellate Counsel
What Is Embedded Appellate Counsel?
Most litigation teams think about appellate counsel the way they think about a fire department: you call when something is burning. The trial concludes, the verdict comes in, the client asks about an appeal, and then — finally — appellate…- Issue Preservation
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- Trial Assistance
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- Pro Se Representation
You Thought You Were Saving Money: The True Cost of Pro Se District Court Representation
The math of litigation is not intuitive. Most people assume that representing yourself saves money. The trial lawyer costs too much. The appellate attorney costs too much. Surely you can save money by doing the work yourself. We see this…- Costs
