No. The general rule is that if an issue is not raised or an argument is not made before the trial court, it is waived, and the appellate court cannot review it. This is called the doctrine of preservation. The legal issues and facts must be explored in the motion papers or trial before there is an appeal.

It depends on the importance of the case to you. The attorney you have is probably an excellent attorney who can handle all aspects of discovery and motions. However, if you think there will be an appeal (either by you or the other side), an appellate attorney can add value to your position. Your adversary and the court will see that you are willing to litigate the case as far as necessary.

Once your case becomes out of the ordinary, because the appellate process truly begins well before an appeal is taken. The best arguments must be preserved (raised before the trial court) to protect the right of appellate review.

The appellate courts operate differently than the court in which you tried your case. You must convince at least three judges to agree with you. Appellate courts have a different perspective than trial courts. Trial courts focus on coming to a factual conclusion and applying the law when necessary. Appellate courts primarily focus on whether the trial court made legal errors. Preparing a convincing argument to an appellate court requires a different focus, and appellate attorneys may be better suited to do that.

Many levers can be pulled to secure the best settlement possible. Appellate counsel can objectively analyze the case’s liability strengths, sustainable value, coverage implications, and loss transfer.