šÆ Why Embedded Appellate Counsel MattersāA Personal Reflection
About ten years ago, I served for the first time as embedded appellate counsel in a high-profile criminal case. Trial counsel brought me in early to assist with pretrial motions and to monitor legal issues as they arose. I wasn’t in court daily, but I didn’t need to beāthe case was televised locally and available online. I recorded every session, stayed in close contact with the trial team, and advised on motions and trial strategy in real time.
The team lost at trial. The appeal came to meāand we won. The Georgia Supreme Court reversed the conviction and granted a new trial.
Since then, Iāve taken on this role in civil matters, but that first case showed me how seamlessly it can work in criminal proceedings.
āļø The Problem Embedded Appellate Work Solves
Appellate lawyers are often invited in too late. By the time transcripts land on your desk, itās frustrating to see issues that couldāve been preserved but werenāt.
Trial lawyers do heroic work managing jury dynamics, evidentiary rulings, and time pressures. But strategic legal issues deserve undivided attentionāand thatās exactly what embedded appellate counsel offers.
š Key Takeaways for Trial Strategy
- Appellate posture begins before trial. The strongest appeals are seeded early through issue preservation and motion practice.
- Trial focus ā record focus. Even exceptional trial lawyers can miss appellate leverage while managing the courtroom moment.
- Embedded counsel creates depth. With one team member tasked solely with record integrity and legal scaffolding, the case gains resilience and flexibility.
- Itās more than backupāitās architecture. This role doesnāt just preserve rights. It builds the framework for appeals that can actually succeed.
This has become a role we love in our firm. Itās proactive, rigorous, and deeply aligned with our philosophy: strategy now saves heartache later.
If you’re exploring embedded appellate strategy or want to see how it fits in civil litigation, check out this Michigan Bar Journal article or this Georgia appeals guide to dive deeper.