Section 1.36 New Counsel on Appeal?

• Library: App Ct Prac 2015 Supp

IV. (§1.36) New Counsel on Appeal?

Should a lawyer obtain new counsel for the appeal of a case? In many large law firms, the question means “should the lawyer who tried the case be the one who briefs it, or should another partner or associate handle it?” In smaller firms or with sole practitioners, trial counsel might consider farming out the appellate work on a case to someone with whom he or she is not practicing. In either case, the question is whether it is in the client’s best interest for the appeal to be handled by a specialist. Of course, the term “specialist” is used in the broad sense for a person whose...