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2023 Appellate Counsel in Residence, or “Third Chair”: The Role of Appellate Counsel Before, During, & After Trial

Total Credits: 2.4 Self Study

Practice Area:


Recording available after original program date, 1/18/2023

1-2:00 p.m. | When, Why, What, and How Regarding the Engagement of Appellate Counsel

What you will learn:
•    Why appellate counsel is typically engaged by a client or trial counsel 
•    At what point during a case should or does the client or trial counsel typically engage appellate counsel?
•    When the client engages appellate counsel, how does the client typically inform or advise trial counsel of the decision to retain appellate counsel?
•    What expectations does the client or trial counsel typically have of appellate counsel?
•    How can or does appellate counsel provide value to the client or trial counsel (i.e., what does having appellate counsel add to the process)?
•    How does appellate counsel typically communicate and work with trial counsel?
•    What role does appellate counsel typically play before, during, and after trial?

Speakers: Susan Ford Robertson, The Robertson Law Group LLC, Kansas City; Thomas Weaver, Armstrong Teasdale, LLP, St. Louis and Michael Gross, Michael Gross Law Office, St. Louis

2-3:00 p.m. | Panel Discussion: Lessons Learned and Tips from the Perspective of a Trial Lawyer, Appellate Lawyer, and Trial Judge

What you will learn:
•    Will appellate counsel be incognito, or openly involved?  If in courtroom, where to sit?
•    Will appellate counsel attend trial, receive “dailies” (rough copies of trial transcript, provided at end of each day of trial), or employ other means of participating in the process?
•    Enter an appearance, or not?
•    When role is “known” (i.e., not incognito), how to interact with court
•    If entering an appearance, serve as active participant in trial (e.g., join trial counsel for sidebars)?
•    What to do as appellate counsel working with trial counsel
•    What NOT to do as appellate counsel working with trial counsel
•    Reporting to the client
•    Involvement (if any) in settlement negotiations (including any mediations)?
•    Communications with court and counsel for other parties (if role is “known” and not incognito)
•    Who drafts what before and during trial? Who drafts what after trial?
•    Extent of review and revisions to trial counsel’s drafts

Moderator: Gretchen Garrison, Gray, Ritter & Graham, St. Louis
Panelists: Hon. Rex Burlison, Circuit Judge, 22nd Judicial Circuit, St. Louis; Richard Behr, Evans & Dixon LLC, St. Louis; Timothy Sansone, Sandberg Phoenix & Von Gontard PC, St. Louis and Elizabeth Carver, Dowd Bennett LLP, St. Louis

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.


Rex Burlison Related seminars and products

Circuit Judge 22nd Judicial Circuit

Susan Robertson's Profile

Susan Robertson Related seminars and products

The Robertson Law Group, LLC

Timothy Sansone's Profile

Timothy Sansone Related seminars and products

Sandberg Phoenix & Von Gontard P.C.

Tim joined Sandberg Phoenix in 2002, leads the firm’s Appellate and Complex Litigation Team, and is Chair of Professional Development. In addition, he has served as chair of the firm’s Paralegal Group. 

Focusing on complex litigation involving product liability claims, business disputes, appellate practice, and class actions, Tim frequently consults with trial attorneys in the courtroom and colleagues at the firm who regularly look to him for fresh, creative ideas when faced with unusual circumstances involving a lot of moving parts. He and his Appellate Team frequently assist in protecting the record and preserving any judicial errors for appeal. As a member of the firm’s Insurance Team, Tim serves as coverage counsel primarily for insurance companies. He also works with the firm’s Class Action Team to advance our clients’ interests in what often become “bet the company” cases.

Emphasizing proactive case management that is smart, practical and efficient, Tim treats the client’s interests, goals and satisfaction as paramount.


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