505 North 20 th Street Birmingham, Alabama Telephone: csattorneys.com Primerus Defense Institute Convocation Battle

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

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

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 –Dont shoot yourself in the foot –Raise the right issues in the right cases

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

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

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

VI. The Generals Aide: Relying on Appellate Counsel to Monitor Goals Beyond Individual Battle

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