Veteran litigators tell how taking care of clients might mean co-counseling on appeals.
by Julie Schaefer, updated from You Manage Law
“I’ve earned it,” observes Susan M. Lach. Seeking independent advice on an appeal is ideal for freshmen but Lach, whose Minneapolis law practice spans 30 years, also finds that taking care of one’s clients can sometimes mean hiring out the appeal portion of the case. “It doesn’t have to be a challenging appeal. I owe it to myself—and the involved client,” Lach adds.
An appeal is not a trial
The crucial appeal points reside within the record. Retired Minnesota Supreme Court Justice Esther Tomljanovich, who now consults with firms on their appeals, has seen trial lawyers arrive for an appeal unaware of what information actually made it into the record and was therefore even available for an appeal.
Putting those points together with the proper standards of review is an art that may escape those less familiar with how the appeals court operates. A prudent trial lawyer extends to a client the possibilities within several appeals options and resources:
Proactive appeal strategy—during trial
Consulting with an appellate lawyer
Seeking help writing the brief
Associating with an appellate lawyer
Retaining someone else to brief and argue the appeal
Risk factors
11.8% Minnesota appeals reversal rate.*
The Lawyers Board—and missed deadlines.
Interest is due if the appeal is lost.
“Attorneys retain other specialists on a case, so it seems sort of logical
you’d hire a specialist at the highest level.” Retired Supreme Court
Justice Esther Tomljanovich
Benefits
Hiring appellate counsel to handle an appeal sends a strong signal to the other side—and the courts—that you are taking the process seriously.
Many Minnesota attorneys are respected for consulting on appeals: Marianne D. Short, Mary Vasaly, David F. Herr, Will Fleugel, Kay Nord Hunt, Sharon Van Dyck, Charles E. Lundberg, Eric J. Magnuson, Diane B. Bratvold, Michael J. Wahoske, to name a few.
“I decided upon reputation and a little research to call in Kay Nord Hunt,” says Lyndon L. Larsen in International Falls. “I learned that some of the procedural strategy of appeal is counterintuitive to trial work—yet is vastly appreciated by the appeals court.”
George Antrim III, concurs. A client nodded to Antrim during Hunt’s oral argument, whispering, “She’s really good!” We assume Antrim’s stock shot up. Tomljanovich substantiates Antrim’s confidence, “Kay Nord Hunt is one of the masters at appeals.”
Susan M. Lach observes, “I’ve earned it.” Lach’s Minneapolis law practice spans 30 years. “It doesn’t have to be a challenging appeal. I owe it to myself—and the involved client,” Lach adds.
Lyndon Larsen asserts, “I’m a trial lawyer! Yes, I can sit there and figure out how to write this appeal brief – or I can be tending to the work on my desk! Initially it can be hard on the ego but it’s an enjoyable experience to engage an independent opinion on the appeal.”
* Minnesota Court Statistics
Ms. Hunt may be reached at 612-336-9341, 800-752-4297 or kay@lommen.com
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Julie A. Schaefer, President | You Manage Law Newsletter | 900 IDS Center | 80 South Eighth Street | Minneapolis MN 55402 | Ph: 612-810-4440 | Alt ph: 952-473-9677 | www.youmanagelaw.com
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