“Let’s just get the verdict we want, and worry about the appeal later.” This statement – supposedly from legendary Arizona trial lawyer and politician Mo Udall – has been repeatedly made by “trial lawyers”. This approach makes “appellate lawyers” shudder. The appellate lawyer is always on the lookout for timely, accurately stated objections on any and all legal issues in order to assure the preservation of legal issues. “Waiver” is constantly on this lawyer’s mind, ready to use as a sword or a shield depending on the circumstances.
“Trial lawyers”, on the other hand, typically view litigation through an entirely different lens. That lawyer is constantly concerned about (or at least should be) the psychology and perception of the judge and/or jury. More specifically, this lawyer is concerned that too many objections will result in a perception that he or she is a complainer or has something to hide. They are concerned that objections “look bad” if they are overruled by the judge and will raise the ire of the jury because their precious time is being wasted. Ultimately, this lawyer is concerned about a bad outcome for the client because of overused objections he or she is making.
Trial lawyers do not really understand how appellate lawyers and judges think until or unless they handle their own appeal. Having one lawyer try the case and another handle the appeal is a common scenario and potential downside of specialization. Thus, MCR believes the best approach and goal of the litigator is to strive to become a “Tri-Pellate Lawyer.” Such a counselor takes into trial a true understanding of reversible error (error plus prejudice), the necessary steps to preserve the records for appeal, the applicable standards of review and, generally, how appellate judges think. At the same time that counselor has excellent “human skills” to detect how they jury’s perceptions affect decisions on factual disputes and damages. This lawyer knows when to “let go” and not nitpick. This lawyer appreciates that “the best way to increase your odds of success on appeal is to win at trial.”
MCR litigators are trained to practice as “tri-pellate” lawyers. This skill gives our clients an advantage that significantly increases the odds of an efficient, effective and successful outcome. Contact the attorneys at MCR for more information on how we can help you get the trial result you want.
