You trial attorneys have a job to do. That job is to win the trial. And you can’t always do that and win the appeal at the same time. So you can’t pick a fight on every point. But, you had better fight the ones that turn the case.
And, you had better make a record on it.
On this episode of the California Appellate Law Podcast, reprising Tim’s recent CLE presentation, we cover 10 tips that appellate attorneys want every trial attorney to know:
💡 The rule that contains all appellate rules: Make the Record.
👉#1 Make sure your theories of the case are captured in your pleadings
👉#2 Was key evidence excluded? Preserve the issue by making a proffer.
👉#3 Keep objecting to evidence if the judge “defers” ruling on your MIL.
👉#4 Object to Jury Instructions
👉#5 Review the Verdict for Inconsistences
👉#6 Request and Object to the Statement of Decision
👉#7 File a motion for new trial to preserve challenges to the damages amount …and Watch out for JNOVs!
👉#8 Calculate Appellate Deadlines Correctly
👉#9 Avoid Common Appellate Briefing Mistakes
👉#10 Advise your client about important post-judgment issues (Attorney fees and costs; SLAPP fees; Bonds and Stays of Judgment-Enforcement; Post-judgment interest)
💡 Evergreen Tip: Get a Court Reporter!