ARTICLE
1 May 2025

How Do You Balance Appellate Work With Trial Work?

MH
Markowitz Herbold PC

Contributor

Markowitz Herbold is a litigation law firm that tries high-stakes business disputes for individuals, companies and state, local and regional governments, to juries, judges and arbitrators. We are known by our peers for resolving complicated and challenging cases.

The firm is based in Portland, Oregon, and our lawyers practice before state and federal trial courts in the Northwest and across the country.

We’ve earned our reputation as an “outstanding boutique firm” by delivering results: Multi-million dollar jury verdicts, successful settlements of “unresolvable” cases, and fierce defenses of difficult claims. Our courtroom savvy is widely known. Clients and even other lawyers often hire us, sometimes on the eve of trial, to take over as lead counsel or provide strategic advice.

If you're anything like me, it's tough to prioritize appellate briefs when every trial task feels more impending.
United States Litigation, Mediation & Arbitration

If you're anything like me, it's tough to prioritize appellate briefs when every trial task feels more impending. After all, you have another 60 days to do the brief on appeal—why shouldn't you focus on the trial fires?

My best advice is to dedicate specific days for appeals. Find a few days without impending trial deadlines and block out your calendar. Don't immediately respond to every email (unless there's a real emergency). Dedicate your time and mental energy to focusing on your appellate briefs.

Why is this important? Because it's much harder to do quality appellate work in fits and starts. 15 minutes here, 20 minutes there—your work product will suffer. If you can dedicate hours to one project, you will see significant quality improvements because you will have given yourself the mental space to more deeply think about a case. (And if you don't believe me, just know that Scalia and Garner have given the same advice.)

I've heard that one experienced appellate lawyer locks herself in her office for three days at the beginning of an appeal, which gives her time to read the entire record and begin an outline. We may not all have this luxury with competing trial-level demands, but it illustrates the principle: Give yourself the space you need, and don't feel bad about putting trial-level cases on the backburner for a few days.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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