Micah Echols

Sean Claggett · Micah Echols

Settle before or after the entry of judgment?

• Does the defendant want to avoid the entry of judgment? Put a time limit on holding the judgment.
• Would the entry of judgment with the full value put leverage on the decision-makers?

Do you have all the insurance policies?

• Was notice given to all insurance carriers?
• Do you need to consult with an insurance coverage attorney?

Have you discovered the defendant’s other assets?

• Do you need to do post-judgment discovery?
• Should you notice a judgment debtor examination?

Should you demand a supersedeas bond?

• Will a bond requirement compel the defendant to make a reasonable settlement offer?
• Is bankruptcy a concern? Should you hire bankruptcy counsel?

Is there some legal issue holding up settlement?

• Do you need to defeat the defendant’s post-trial motions, e.g., motion for new trial, judgment as a matter of law, alter or amend judgment?
• Would an award of attorney fees and costs place leverage on the decisionmakers?
• Is there any post-trial motion that you can file? (challenge adverse interlocutory orders or directed verdict rulings
• Do you have the basis to file a cross-appeal?

Does the defendant have a bad faith claim against its own insurance carrier that can be used as a bargaining chip?

• Did the defendant have independent counsel during trial?
• Should the independent counsel actually file the bad faith lawsuit?

Do you need the help of a mediator?

• If the defendant emphasizes the strength of its appeal, a retired Supreme Court Justice could help.
• Are there factual or insurance issues where a different kind of mediator could assist?

Micah Echols · Charlie Finlayson · David Snyder · Sean Claggett

Case studies where cases went wrong at trial on legal issues

• Inadequate pleading, including punitive damages
• Inadequate orders in limine
• Improper Batson challenges
• Unrecorded bench conferences
• Inadequate offers of proof
• Settling of jury instructions
• Settling of the jury verdict form
• Failure to timely challenge the sufficiency of the defenses.

What does an appellate attorney do prior to trial and during trial?

• Prior to trial.
• Oppose motions to dismiss
• Consult on motions to amend prior to trial.
• Consult or draft summary judgment motions and oppositions.
• Draft motions in limine on legal issues.
• Consult on pretrial orders that are appealable or likely subject to a writ petition.
• Prepare jury instructions.
• Prepare the jury verdict form.
• Prepare trial briefs on legal issues.

During Trial

• Participate in bench conferences
• Provide legal support for evidentiary rulings and objections.
• Assist with offers of proof.
• Prepare additional trial briefs.
• Keep track of additional needed jury instructions
• Settle jury instructions
• Settle the verdict form.
• Oppose the defense motions for directed verdict.