The utilization of appellate lawyers in trial support has seen a significant uptick, a trend accelerated by the pandemic and the escalation in both the frequency and the magnitude of jury verdicts. Traditionally, defendants in high-stakes cases often enlisted appellate counsel during trials. However, as noted by John Hare, the appellate chair at Marshall Dennehey, the practice has become more prevalent in recent years. More defense teams are now including appellate lawyers during the trial phase to address complex legal issues, both in the preparations leading up to and during proceedings.
This evolution in legal strategy is reportedly transforming how defense teams structure their litigation process, particularly when facing substantial jury awards. The phenomenon reflects broader changes in the legal landscape where intricate legal maneuvering is increasingly necessary. As explained in the original analysis, the rise in the engagement of appellate lawyers is indicative of a strategic shift aimed at effectively managing risks associated with large jury verdicts.