Litigation looks like a single continuum from filing to verdict, but it isn’t. Trial and appellate practice are not merely different phases of the same work; they are different crafts with different habits, incentives, and...more
1/19/2026
/ Appeals ,
Appellate Briefs ,
Appellate Courts ,
Appellate Jurisdiction ,
Appellate Record ,
Appellate Review ,
Appellate Rules ,
Failure To Preserve ,
Federal Rules of Appellate Procedure ,
Litigation Strategies ,
Preservation of Rights ,
Rules of Appellate Procedure ,
Standard of Review ,
Trial Practice Guidance ,
Trial Preparation
Oral argument occupies a privileged place in appellate mythology. It is often described as the moment when judges engage counsel, probe weaknesses, and decide close cases. In modern appellate practice, however, that...more
12/15/2025
/ Appeals ,
Appellate Briefs ,
Appellate Courts ,
Appellate Jurisdiction ,
Appellate Review ,
Certiorari ,
Denial of Certiorari ,
Judges ,
Judicial Authority ,
Judicial Review ,
Oral Argument ,
Rules of Appellate Procedure
Trial lawyers often talk about preservation as if it were the entire universe of appellate risk. Preservation is essential, of course, but it is only the floor. In practice, many technically preserved issues still fail on...more
12/11/2025
/ Abuse of Discretion ,
Appeals ,
Appellate Briefs ,
Appellate Courts ,
Appellate Record ,
Appellate Review ,
Federal Rules of Appellate Procedure ,
Harmless Error ,
Litigation Strategies ,
Notice of Appeal ,
Objections ,
Pleadings ,
Preservation of Rights ,
Rules of Appellate Procedure ,
Standard of Review ,
Testimony ,
Trial Attorneys ,
Trial Preparation
Harmless error is one of the most frequently invoked doctrines in appellate law—and one of the least scrutinized. It was designed as a tool of restraint, preventing new trials for inconsequential mistakes....more
12/5/2025
/ Abuse of Discretion ,
Appeals ,
Appellate Courts ,
Appellate Jurisdiction ,
Appellate Record ,
Appellate Review ,
Due Process ,
Federal Rules of Appellate Procedure ,
Harmless Error ,
Judicial Discretion ,
Judicial Review ,
Standard of Review
Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where reasonable minds can...more
12/2/2025
/ Abuse of Discretion ,
Appeals ,
Appellate Courts ,
Appellate Jurisdiction ,
Harmless Error ,
Judges ,
Judicial Authority ,
Judicial Discretion ,
Judicial Review ,
Litigation Strategies ,
Trial Court Orders ,
Trial Practice Guidance
The court system loves to cry poor. Budget shortfalls. Staffing cuts. Rising costs. Meanwhile, it’s sitting on an untapped revenue stream so obvious it hurts: depositions. Every appellate litigator knows the drill. You...more
8/11/2025
/ Access To Justice ,
Appellate Courts ,
Audio Recording ,
Automation Systems ,
Cloud Storage ,
Cost-Savings ,
Court Reporters ,
Depositions ,
Document Management ,
e-Discovery ,
Fees ,
Innovative Technology ,
Legal Technology ,
Virtual Litigation
If you’re a judge reading this, take a breath. The goal here isn’t to paint you as the problem. Quite the opposite. The best judges—the ones who believe in the rule of law, who sweat the details and carry the weight of their...more
Trial lawyers often think of appellate issues as something to deal with after the verdict. But by the time a case gets to appeal, much of the damage—or success—has already been baked into the record....more
6/4/2025
/ Appeals ,
Appellate Briefs ,
Appellate Courts ,
Appellate Record ,
Client Services ,
Judicial Proceedings ,
Judicial Records ,
Legal Project Management ,
Litigation Strategies ,
Preservation of Rights ,
Trial Attorneys ,
Trial Preparation
In appellate practice, there was once comfort in formality. You started with the standard of review, cited black-letter law, and walked the court through a step-by-step application of precedent to facts. But a subtle shift...more