Appeals & Strategic Trial Support

Everything a trial attorney does in the lower court should be done with an eye toward a potential appeal—by either side. In providing litigation support and trial support to fellow attorneys, Samples Ames brings an analytical view of the pertinent issues of law and a fresh perspective on the case. This support is different from co-counsel. Rather, we work with trial lawyers on the key issues and strategies that will be important not only to successful resolution of the case but also to best position the case for any appeal. This “second set of eyes” is critical to achieving the desired outcome.

The litigation and trial support tasks that Samples Ames performs include: 

Pre-Trial Support

Research and analyze key issues of law, prepare petitions and complaints, brief and argue Daubert motions, create proposed jury instructions, develop strong legal analysis, prepare motions for summary judgment and motions to dismiss—or effective responses to such motions—and argue them to the trial court. Thorough research and preparation in the pretrial or trial phases can often mean the difference between ultimate success in the case and success or failure on appeal. You should always assume that a case may be appealed.

Trial Support

During the trial, we will focus on capturing the necessary legal issues and preserving objections in the trial record so that the trial lawyer can better focus on the presentation of evidence. We appropriately frame the salient legal issues in preparation for a possible appeal. Preservation of the trial record is critical on appeal.

Our litigation and trial support assistance can be invaluable in ensuring that all possible bases for either arguing or defending a judgment on appeal have been identified and will be available to use in the appellate court. Our experience has earned the trust of trial attorneys who consult with us to shape litigation strategy before and during a trial. Collaboration with our firm is a valuable resource that greatly benefits both attorneys and their clients.

We are open to a variety of fee arrangements, but we focus on contingency-fee work. When we go to trial with you, we are willing to share the risk.

Personal Injury Appeals

Insurance companies and corporate defendants fight hard to minimize the amounts they have to pay in claims, and if you won a large jury verdict, the defendant may appeal in hopes of getting the verdict reversed, having the jury award reduced, or simply applying additional settlement pressure. Likewise, if the carrier denied coverage, or if the jury verdict was not in your favor, you may have grounds for appeal on the issues of liability, damages, or procedural error. Some examples of errors committed at trial may include whether the testimony of expert witnesses was allowed, expert testimony exceeded the scope of the expert’s qualifications, other evidence was admitted improperly, or the judge gave the wrong instructions to the jury. You have only a limited time of 30 days to start the process following a judgment, so it is important to have a qualified appellate attorney review the record or trial transcript to determine whether errors may have been committed which would justify a new trial or reversal on appeal.

At Samples Ames, our representation of plaintiffs in personal injury appeals has encompassed a wide variety of legal and factual issues across many different types of personal injury cases and issues, including: