Appellate lawyers spend a great deal of time reading records that cannot support the argument the case needs. Almost every one of those problems was fixable at trial, at little cost, by counsel who was thinking one level up.
Objections have to be specific
A general objection preserves very little. The objection should name the ground, and where an evidentiary ruling matters, counsel should make an offer of proof detailed enough that a reviewing court can evaluate what was excluded.
Get the ruling on the record
Chambers conferences, sidebars, and informal agreements with the court are invisible on appeal. If an important ruling was made off the record, put it on the record. A brief recitation and confirmation is usually enough.
Watch the standard of review
The standard of review often decides the appeal before the merits are reached. An issue framed as a question of law reviewed de novo is a materially stronger position than the same issue framed as a discretionary call reviewed for abuse, and the framing frequently traces back to how the issue was presented below.
The least expensive appellate consultation is the one that happens before the verdict.
Before the notice of appeal
Confirm the judgment or order is actually appealable, and calendar the deadline conservatively.
Identify which post-trial motions are necessary to preserve the issues you intend to raise.
Designate the record with the arguments in mind, not by default.
Consider whether a writ petition is the better vehicle where an appeal will come too late to matter.
We handle appeals in the California Courts of Appeal, the California Supreme Court, and the Ninth Circuit, and we consult with trial counsel while the case is still in the trial court.
