Using an Appeals Lawyer as Co-Counsel During Trial

THE ADVANTAGES OF AN APPELLATE ATTORNEY ON YOUR TRIAL TEAM

In a major case where the stakes are high, there are multiple advantages to having an experienced appellate attorney on your trial team, not only to help win the case in the trial court but also to best position the case in the event of an appeal. The same legal issues involved in an appeal first arise in the trial court. An experienced appellate attorney is skilled at handling those legal issues, whether in the trial court or on appeal.

Attorney Bruce R. Bryan is a persuasive advocate on legal issues in the trial court

Attorney Bryan was first a trial attorney before an appellate attorney. Therefore, he understands firsthand how to persuasively argue legal issues to trial judges. His broad knowledge of the law – federal, state, civil and criminal – acquired over more than 25 years as an attorney helps him to formulate compelling legal arguments to all judges. Trial attorneys commonly seek his assistance in major or high-profile cases on significant legal issues because they recognize the advantage and experience that he brings to the trial team.

Mr. Bryan is an author and an Adjunct Professor of Advanced Persuasive Writing and Appellate Advocacy at Cornell Law School, one of the nation's leading legal institutions. Among other things, Professor Bryan teaches how to effectively write and orally advocate legal issues at the trial level. He works cooperatively with trial counsel and under their direction. Attorney Bryan is committed to excellence. In addition to advocacy on legal issues in the trial court, he represents clients on federal appeals, New York state civil appeals, New York state criminal appeals, appeals in other states, and appeals before the Supreme Court of the United States.

How Attorney Bryan can help

There are several advantages in retaining an appellate attorney as part of the trial team:

• Increase the probability of winning legal issues. As an appellate attorney, Mr. Bryan is experienced in persuasive writing and oral advocacy of legal issues. A trial attorney is gifted at developing the facts that can win the case. Having Attorney Bryan on the team to handle legal issues increases the chance of winning those issues.
• Allow the trial attorney more time to focus on the facts. By freeing the trial attorney from primary responsibility for arguing the legal issues, the trial attorney can better focus on developing the facts that can win the case.
• Sounding board for trial strategy. Two heads are better than one. The facts of a case must fit within a sound legal theory. Attorney Bryan can bring a fresh perspective and help strengthen trial strategy.
• Preserve the record. Attorney Bryan is keenly aware of the need to make objections and preserve the trial record for a possible appeal. He can help trial counsel with advice on what is needed for an appeal  in the trial record.
• If an appeal occurs, the transition is seamless. Having been involved at the trial stage, Attorney Bryan will already be fully knowledgeable about the facts and legal issues for an appeal. His early involvement will result in an efficient transition if an appeal occurs.

Legal rulings by the trial judge can win or lose the case

The importance of legal rulings by the trial judge cannot be underestimated. Many can determine or affect the outcome of the case. As a skilled attorney in written and orally advocacy on legal issues, Attorney Bryan can formulate arguments to give you the best chance to win the issues in the trial court.

Civil cases. Before trial, attorneys make motions that raise significant legal issues. For example, an attorney may answer a complaint or move to dismiss the complaint for failure to state a cause of action. A motion may call into question the interpretation of an important state or federal statute. An attorney may also move for summary judgment arguing that there is no need for a jury because the trial judge can decide the case on the law. Important motions are usually "briefed" in written memoranda and orally argued to the trial judge just as legal issues are briefed and orally argued to appellate judges.

At trial, significant legal issues arise regarding evidence or testimony. The judge may require the legal issues to be quickly briefed and orally argued. Attorneys also submit proposed instructions on the law that they wish charged to the jury. Legal issues can be raised in post-trial motions to the court regarding trial errors or the amount of a financial award for damages.

Criminal cases. Defense attorneys often make pre-trial motions attacking the prosecution's case. For example, an attorney may move to suppress physical evidence obtained in an illegal search and seizure or statements made by the defendant in violation of his or her constitutional rights. The defendant may assert legal defenses, such as self-defense or alibi. The People may also have failed to disclose exculpatory evidence in violation of its discovery obligations under Brady. The defense may move to challenge the constitutionality of the criminal statute or its application to the defendant's case. Legal issues are briefed and orally argued to the trial judge in the same way as issues are briefed and orally argued to an appeals court.

Countless legal issues can arise at trial. For example, there can be issues regarding the admission or exclusion of evidence, the People's theory of guilt, or the court's legal instructions to the jury on the elements of the offense. If the jury convicts, there often are significant issues about the correct sentence to impose.

New York Appellate Attorney Bruce R. Bryan

To inquire about Mr. Bryan's availability to serve as co-counsel on a civil or criminal trial, contact him toll free at 877-508-0368 of contact him online.