Litigation strategy

Our attorneys help shape litigation from the outset with the end in mind.  The firm emphasizes framing and preserving legal issues to improve the odds of success on appeal or to prevent the need for one.  The firm’s specialized experience and comprehensive approach to litigation strategy is designed to change the litigation landscape.  Our attorneys partner with trial counsel to formulate and implement a comprehensive strategy that is carefully adapted to advance your cause.  In addition, the mere presence of appellate counsel signals that our client’s litigation strategy includes the delay and uncertainty of an appeal after a trial, and therefore creates additional incentives to resolve a case.

Early case evaluations are a first step in preparing legal issues for appeal, particularly when a case involves high monetary exposure, significant motion practice, or recurring issues of importance to our clients.  Clients benefit from knowing the limits of sustainable damages and the likelihood of an adverse liability finding.  With that knowledge, clients are in a better position to negotiate with opposing counsel or prepare for further litigation.   When settlement is a viable option, our firm is on hand to participate in or advise on mediation and settlement strategies based on likely appellate outcomes.  When further litigation is necessary, our attorneys can be engaged to address appellate issues preventively thereby changing the course of the litigation.

Substantive motions are one crucial part of establishing the groundwork for appeal.  Clients who consult our attorneys to prepare or review such motions are interested in having the issues that will be of the most interest to appellate courts preserved and presented effectively to the trial court.  Clients recognize the benefits of early involvement of appellate counsel because once a case is ready for an appeal, the record is generally fixed and there is no going back to make the overlooked argument, ask the unasked question at a deposition, or submit that crucial piece of evidence.  To address these issues, our firm is often asked to prepare summary judgment motions, motions in limine, or discovery motions involving sensitive or significant issues.

During trial, our attorneys complement trial counsel, avoid duplication of effort, and take advantage of efficiencies.  Our firm has a clearly defined role to aid trial counsel and be available should they seek counsel, without ever stepping on their shoes.  That way, trial counsel has the lead role before an appeal and can focus on putting the best case before a judge and jury.  At the same time, our attorneys use their unique role and expertise to protect and enhance the record, to partner with trial counsel on developing overall strategy, and to confer on crucial documents such as jury instructions and verdict forms.

The litigation landscape can still be dramatically changed by the involvement of appellate counsel after trial but before an appeal.  Post-trial motions represent a last chance to preserve appellate arguments.  Our firm also expertly handles post-trial hearings such as collateral source and CPLR Article 50-A/B hearings that may dramatically affect the size of a judgment or the ability to challenge a judgment on appeal.

For more information, contact us

TELEPHONE: (516) 487-5800
FACSIMILE: (516) 487-5811