Trial Court Services
It’s a novel concept that is gaining more and more acceptance among trial lawyers: get an appellate attorney involved early, not just to oppose a demurrer or summary judgment motion, but to actually assist in the development of theories of liability and to overcome anticipated defenses.
We’ve worked with a number of trial firms using this approach and it has proven to be immensely successful. But don’t just take our word for it—we can provide you with references who swear by it.
It’s a synergistic process in which we provide a legal road map to guide the trial lawyer during investigation, discovery, and depositions so that he or she can develop nuanced, detailed, muscular facts that dovetail with the law.
The approach is appropriate in complex, difficult, high-stakes cases in which a dispositive motion will likely determine the success or failure of the case.
This is a proactive approach to theory-development that is most effective when undertaken early, so call if you have a case that might benefit from this process. If we think we can help, we’ll explain how. If we think we can’t, we’ll tell you that.
Identifying an Appropriate Case
This approach is appropriate for any case with a damage value of one million dollars or more that is apt to draw a motion for summary judgment or other dispositive motion. Examples include cases involving
- vicarious liability issues (e.g., course and scope issues, employee vs. independent contractor issues)
- sports injury issues (e.g., assumption of risk, liability waivers)
- workers’ comp exclusivity issues (including Privette issues)
- public entity liability issues (e.g., dangerous condition of public property issues, design immunity issues, issues involving other statutory immunities)