1. It is impossible to win at settlement if you are not prepared to win at trial. Therefore, to settle a case, get ready for trial.
2, It is pointless to win at trial if you are not also prepared to win on appeal, or to win on appeal if you lose at the first trial. Therefore, to win at trial, prepare to win on appeal.
It the grand scheme of things, appeals are a lot cheaper than are trials. If trial preparation is competently planned and executed, the research is done, the briefs are already written and part of the Clerk's file, and you made your damn record!
Therefore, to settle a case, aim to win the appeal.
The specialization and division of labor between trial lawyers and appeal lawyers makes no sense. A good trial lawyer must, of necessity, also be a good appeal lawyer.
Tom Fox, J. D.
Southern Specialty Law Publishing Company
A division of Accountable Kentucky Incorporated
a Kentucky Non-profit corporation
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This is not legal advice and I am not a lawyer.