Embedded Trial Counsel & Trial Monitoring - Michigan Courts

Embedded Trial Counsel

In many cases, because of the dollar value, implications, or interests involved, an appeal is not only possible but inevitable. In such matters, trial counsel, with their efforts concentrated as they should be on obtaining a favorable result in the trial court, may benefit from another set of eyes squarely focused on positioning the case for back-end protection in the event of an adverse outcome.

Embedded Appellate Counsel At Trial and Trial Monitoring

Jacobs and Diemer is frequently called upon to serve in an embedded trial counsel role, working side-by-side with trial counsel to create a strong record and preserve and hone the critical issues that might win the case in the appellate system. We marshal our appellate experience and resources to assist the trial team in efforts to exclude evidence, prepare defense-favorable jury instructions, draft and argue dispositive motions before, during, and after trial, and help them in every possible way to win a case that must be won. If asked, we can provide a fresh perspective on a case that trial counsel has worked on for years, identifying issues, strengths, or weaknesses that familiarity may obscure.

What we don’t do when asked to serve in this capacity is overshadow, second-guess, look over shoulders, or in any way interfere with trial counsel. We complement, not co-opt; supplement, not supersede. By design, we keep a low profile and do much of our work behind the scenes, balancing the need to deliver the insights and guidance we were hired to provide with the equally critical imperative of letting the trial attorney deliver the advocacy and representation they were hired to provide.

In our experience, we can often avoid a negative result if the verdict form and jury instructions conform to the law and we are successful in our efforts to exclude inflammatory and prejudicial evidence from the record. With the firm’s early engagement as appellate counsel, we can secure a fair trial where all parties feel that the system worked as designed, thus sparing our clients from the burdens of an appeal.

In addition to playing an active role as embedded appellate counsel at trial, we are also frequently retained to perform trial monitoring services for clients, insurance carriers, or reinsurers who want an extra set of eyes in the courtroom and daily reports on trial proceedings.

Appellate Law

Even the most accomplished trial lawyers can find themselves adrift when a matter advances to the appellate level or don’t have the time and resources to pursue or defend an appeal. For decades, attorneys and litigants seeking exceptional appellate counsel have turned to us to handle their most complex and consequential cases.

Representative Cases

Jacobs and Diemer focuses exclusively on appellate issues at all stages of federal and state litigation, including dispositive motions, issues at trial, and petitions for review. We use our exceptional written and oral advocacy skills to secure just results for our clients, sometimes contributing to new precedent and changing the law in the process.