The Rise of Embedded Appellate Counsel: A Smarter Trial Strategy

To have the best chance of success on appeal, a trial record should be built with appellate review in mind. In an article published by Law.com, Woods Rogers Principal Thomas Chappell examines the growing role of “embedded appellate counsel,” appellate lawyers who join trial teams before the appeal itself to help preserve issues, develop a complete record, avoid waiver, and address procedural requirements.

The approach has become increasingly relevant in Virginia following the expansion of the Court of Appeals of Virginia and the introduction of appeals as a matter of right in nearly all civil cases.

As Thomas explains, “A misstep or oversight during the trial can make winning on appeal much more difficult, if not impossible.”

The article outlines how embedded appellate counsel can strengthen both trial and appellate strategy by monitoring preservation issues, identifying potential waivers, helping with motions and jury instructions, and ensuring that critical proceedings and evidence are properly reflected in the record. Thomas also discusses when the potential value of an appeal may justify bringing appellate counsel into a case early.

Subscribers to Law.com can read Thomas’ article here.