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Primerus Defense Institute Convocation

Primerus Defense Institute Convocation. Battle. 505 North 20 th Street Birmingham, Alabama 35203 Telephone: 205-795-6658 csattorneys.com. I. Assemble The Right Troops. The Client: The General Determines ultimate case strategy and marching orders The Trial Team: Infantry

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Primerus Defense Institute Convocation

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  1. Primerus Defense Institute Convocation Battle 505 North 20th Street Birmingham, Alabama 35203 Telephone: 205-795-6658 csattorneys.com

  2. I. Assemble The Right Troops • The Client: The General • Determines ultimate case strategy and marching orders • The Trial Team: Infantry • Develop factual story powerfully • Common sense and compelling • Appellate Team: Reconnaissance and Backup • Develop the legal framework and theory • Logical and persuasive • Focus on applicable law and standards of review • Preserve arguments in event of an appeal

  3. II. Calling in Aerial Support – Managing Expectations • The view from 30,000 feet – before and during a trial • Spotting the landmines • Diffusing the landmines • Recording history • Beyond the heat of battle – after the trial • Triage: objective assessment of appellate options • Life lines and reinforcements

  4. III. Avoiding Casualties – Controlling Costs • Develop battle plan early • Appellate lawyers attuned to latest trends • Can assist in analyzing the case backwards • Win the battle without losing the war • Achieve a better result initially and may avoid an appeal • Proper preservation of error and perfection of a complete record • More victories with fewer casualties • Don’t shoot yourself in the foot • Raise the right issues in the right cases

  5. III. Avoiding Casualties – Controlling Costs cont. • Surviving to fight another day • Trial lawyers focus on factual evidence and theories • Appellate counsel focus on the law and the applicable standards at trial. On appeal can assist the trial lawyer and client to more objectively assess: • Are evidence and theories sufficient to achieve victory • Likelihood of ultimately prevailing or magnitude of potential loss • Is there a better time or place to fight the battle

  6. IV. Defeat the Common Enemy: Collaboration Between Trial Counsel, Appellate Counsel and the Client • Different skills, perspectives, strengths and weaknesses • Division of responsibility at the outset • Trial Lawyer – In the Trenches • Develop factual theories of the case • Conduct discovery and developing evidence • Preparation for and presentation of trial • Record preservation does not overshadow trial strategy • Familiarize appellate counsel with trial record • Appellate Lawyer – In the War Room • Resource regarding procedure, preservation of error, legal framework and support trial counsel • Written motions and jury instructions • Dispositive motions, motions in limine or requests that a record be made

  7. V. Level the Battle Field with an Appellate Lawyer in Your War Chest • Plaintiff’s bar does • May provide an edge but is necessary to play even with plaintiff

  8. VI. The General’s Aide: Relying on Appellate Counsel to Monitor Goals Beyond Individual Battle

  9. NONSTOP ADVOCATES 505 North 20th Street Birmingham, Alabama 35203 Telephone: 205-795-6658 csattorneys.com

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