Is My Client’s Case Ripe For Appeal and Will I Stay Involved?

As both trial litigators and appellate attorneys, we understand how lawyers can create a bond with their clients throughout the litigation process. As trial counsel, you have established strong communication and a sense of trust and teamwork with your client. If you are considering an appeal for your client, but don’t have appellate experience, we can team up with you to face the California appellate court process together.

Benefits of teamwork at the appellate level

The appellate process in California is complex and requires extensive experience to overcome the burdens faced by appellants. At Evans Kingsbury LLP we have decades of experience arguing and winning appeals and writ actions in the state and federal courts. As a result, we know that collaboration with the trial attorney can enhance the likelihood of appellate success and ensure the best outcome for the client.

Rather than simply turning the case over to appellate counsel, the trial attorney can play an important role during the appeal. The client will appreciate having a trusted lawyer who stays in touch, explains the appellate process, and answers their questions. Also, keeping the trial attorney involved is especially important if the case is remanded which means further work at the trial level.

How trial counsel can help during an appeal

Trial counsel works hard to develop the theory and theme of the case for trial and they possess invaluable details and insight about the case. Trial counsel is familiar with their trial strategy and why they may or may not have raised specific issues in the trial court. Trial counsel can more quickly and efficiently prepare the record on appeal, particularly if the appellant proceeds with an Appellant’s Appendix, rather than the Clerk’s Transcript.

We work with trial counsel to:
• • identify the issues to be raised at the appellate level;
• • seek the appropriate stay on appeal;
• • identify the significant applicable law;
• • develop the record on appeal; and
• • determine the appropriate relief to request.

Some trial attorneys like to continue representing their clients as co-counsel while the case is on appeal. Others prefer to turn the entire case over to the appellate counsel. We work with the trial attorney and the client on the appropriate process.

If the case is remanded to the trial court, we will turn the case back over to the trial attorney for further proceedings, but we are willing to continue working together on additional briefing and procedural matters as needed and desired.

Don’t feel overwhelmed

With our solid reputation collaborating with attorneys from Sonoma County and throughout the state of California, you can feel comfortable working with Evans Kingsbury LLP on your client’s appeal. Or we can accept full responsibility for the appellate process, whichever you prefer. Call us at (707) 596-6090 or fill out our contact form to discuss your client’s appellate options.

Our goal is the same as yours… to achieve the best possible appellate outcome for your client. Let’s talk today!