Strengthening Your Litigation Team from Within

What Is Embedded Appellate Counsel?

Embedded appellate counsel is an appellate lawyer who joins your trial team during litigation—before anything goes wrong—to provide strategic, research-driven support that preserves issues, shapes legal arguments, and positions the case for success on appeal, all while keeping an eye on the big-picture legal strategy. Rather than stepping in only after an unfavorable outcome, embedded appellate counsel works alongside trial counsel from the outset or at key inflection points. It’s like having someone on the team who’s constantly thinking two steps ahead about how each decision today might play out in an appellate court tomorrow.

This model brings the best of both worlds: the trial team’s command of facts and courtroom dynamics paired with the appellate lawyer’s mastery of legal analysis, issue preservation, and high-level strategy.

Why Embed Appellate Counsel?

1. Ensure Proper Issue Preservation

Appellate courts often decide cases on whether issues were properly raised and preserved at trial. Embedded appellate counsel helps to develop the record, formulate pre-trial and post-trial motions, raise objections, and propose jury instructions to ensure good outcomes at trial and to protect appellate rights.

2. Strengthen Dispositive Motions and Trial Briefing

Appellate attorneys excel at crafting precise, persuasive legal arguments supported by exceptional legal research. Their involvement can elevate pretrial motions and briefs in support and jury-instruction proposals.

3. Shape the Case Narrative

Appellate attorneys help refine the overarching legal themes and frame the issues in ways that will resonate both with the trial judge and any appellate panel.

4. Lighten the Trial Team’s Load

Trials are fast-paced. Embedded appellate counsel handles research-intensive tasks, freeing trial counsel to focus on witness preparation, courtroom strategy, and client management.

5. Reduce Risk and Improve Outcomes

With an appellate lawyer safeguarding the record and guiding strategic decision-making, parties reduce the risk of waiver, preserve viable appellate paths, and often improve trial outcomes themselves.

5. LITIGATE ISSUES OF FIRST IMPRESSION

The law is constantly evolving. And the law has obvious gaps that need to be filled in. Appellate attorneys can assist in the development and preservation of novel legal issues and provide convincing arguments that existing precedents must be reigned in or, alternatively, expanded.

When to Bring in Embedded Appellate Counsel

Consider adding embedded appellate counsel when your case involves:

• Complex or unsettled legal issues

• High-stakes exposure or sensitive precedent

• Extensive motion practice

• A likely appeal regardless of outcome

• Limited bandwidth for intensive legal research during trial

Early involvement is ideal—but even late-stage or pre-trial embedding can make a significant difference.

How We Can Help

We partner seamlessly with trial teams, offering:

• Real-time legal research during trial

• Drafting and reviewing motions and briefs

• Ensuring the record is clean and protected

• Advising on jury instructions and verdict forms

• Strategic guidance for preserving and positioning issues for appeal

Our goal is to integrate smoothly, support quietly, and add value without disrupting the trial team’s rhythm or client relationship.

Need Embedded Appellate Support?

If your case would benefit from integrated appellate strategy, we’re here to help.
Contact us to discuss your needs or request a consultation.

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