While trial lawyers try to win the trial, BatesCarey LLP's appellate lawyers will win the case.  The goal in the trial court is to persuade a jury and perhaps one judge.  In contrast, the goal of an appellate lawyer is to convince a panel of appellate judges and Supreme Court justices who give far greater scrutiny to nuanced legal theories, established precedent and a properly preserved trial record. Appeals are often won and lost on the written word, and BatesCarey LLP excels at hard-hitting briefs with powerful statements on the facts and law that position our clients for the best possible outcome.  Our appellate practice also focuses on the complex procedural technicalities of appellate work, which so often present potential landmines for trial counsel unfamiliar with the concerns of reviewing courts.  While many appellate lawyers rely merely on the written word, BatesCarey LLP never underestimates the persuasive power of oral argument and the ability to sway the court with the time-tested rhetorical skills.

Insurance clients are often faced with the challenge of multi-tasking the underlying defense of a matter while simultaneously strategizing ahead to prepare for the complex maze of appellate issues.  Whether an insurer is appealing an unfavorable result, defending a successful verdict, or looking to leverage settlement, BatesCarey LLP brings the experience and sophistication to achieve the best result for our clients.  BatesCarey LLP artfully intertwines facts, equities and scrupulously researched precedent to achieve not only successful results for our clients in a particular case, but to establish new positive precedent for future cases impacting the insurance industry. 

We have briefed and orally argued cases in both state and federal appellate courts across the country, helping transform the legal landscape in a variety of areas, including:

Trial Triage

Appellate advocacy begins not after trial, but before trial begins.  Pre-trial motions, witness preparation, record preservation and a monitoring of trial lawyers' objections and in-trial motions before the court are critical to a successful victory not merely at trial, but for the entire case.  Navigating volatile trials is one of the most significant challenges insurers face, and hiring the right Trial Triage Team is key to creating a positive path forward. Trial Triage is a complementary skill set, and our appellate lawyers guide trial strategy, arguments and record preservation with a clear vision toward dispositive appellate issues.  In partnership with the trial team, we build a comprehensive and complete record for our clients, thwart the opposition, prevent or preserve error where appropriate, draft key motions during and after trial, prepare witnesses, draft and argue jury instructions, and pursue interlocutory appellate relief. With this added resource, the trial team is free to focus on more immediate demands that are routine in a grueling and fast-paced trial environment.

Our presence at trial also allows us to provide clients with an immediate and objective assessment of how the case is proceeding. Because of our unique position at a removed distance from the trial of the case itself, we offer clients an unvarnished and objective evaluation. Our daily reports also track potential appellate issues in real time and assess the chances of prevailing on those issues, in the event of an adverse verdict, which assists clients in determining whether to proceed with trial or attempt a settlement.