Atlanta Appellate Attorney

Embedded Appellate Counsel

The use of embedded appellate counsel as part of trial strategy is a team effort whereby the embedded counsel works on appellate issue preservation, enabling trial counsel to concentrate on what they do best: present a compelling story to a jury. The embedded appellate counsel is first and foremost a collaborative role; it does not involve supervising trial counsel. 

Atlanta attorney Julie Liberman collaborates with trial lawyers in her role as embedded appellate counsel in Georgia. In this capacity, she works to strengthen legal arguments and preserve issues for appeal from the start of a case, throughout the litigation. To this end, Julie assists with strategy, legal research, and analysis. She crafts persuasive legal theories, briefs key motions, and evaluates appellate issue preservation, whether at the summary judgment stage or concerning trial.

Some may assume that embedded appellate counsel is necessary only in high-stakes injury cases or those with the potential for runaway verdicts. Such matters undoubtedly benefit from early appellate involvement, but they are not the only types of matters where embedded appellate counsel provides value. Embedded appellate services prove useful across a wide range of civil cases.

Julie brings significant depth of knowledge in Georgia real estate, HOA and condominium law, areas which often present complex legal issues. The firm’s work representing property owners against HOAs, condominium associations and their insurers also positions us well for assisting trial lawyers with plaintiffs in negligent security/premises liability cases. Julie collaborates with trial counsel in real estate and HOA litigation, as well as contractual, employment, commercial and other civil disputes on trial support for appellate issues. This work ensures the accurate development of compelling legal arguments in preparation for an appeal by either side. 

Julie’s role relieves trial counsel of extensive research and analysis of legal and procedural issues, thus allowing them to focus on the development of facts, witnesses, and evidence. When a case does proceed to an appeal, appellate briefing becomes streamlined by Julie’s early involvement. Julie will brief the appeal leveraging her detailed familiarity with the record, strategy, and alleged trial court errors.

Legal opinions in a bookshelf

Embedded Appellate Counsel Services include:

  • Early strategic consultation on appellate issue preservation

  • Legal research and development of legal theories and arguments

  • Assistance with briefing for key motions

  • Assistance with jury instructions and verdict forms

  • Assistance with motions in limine before trial

  • Assistance with preparation for motions for directed verdict during trial

  • Second-chair trial services

  • Post-trial motions, such as motions for new trial and motions for judgment notwithstanding the verdict (JNOV).

Contact LIBERMAN LAW early to ensure a strong record for appeal.

Frequently Asked Questions

  • An embedded appellate lawyer works alongside lead trial counsel or the trial team to preserve legal issues, handle complex motions, and protect the record for appeal. Ideally, embedded appellate counsel gets involved well before trial begins, to assist with dispositive motions, motions in limine, proposed jury charges, and post-trial work. But embedded appellate counsel can also step in at the outset of a case to assist in the development of legal theories and issues likely to go up on appeal. When our firm serves as embedded appellate counsel, we collaborate with trial counsel and the represented party as part of the litigation team.

  • We collaborate behind the scenes, handling legal research, reviewing and assisting with key motions and advising on issues that require preservation for appeal. While embedded appellate counsel’s function is not to develop the factual record during the pre-trial phase of the litigation, we can assist and advise throughout the pre-trial phase as mutually beneficial to the client. Embedded counsel’s main objective is appellate issue preservation.

  • Yes. We assist trial attorneys in a consultative capacity through limited engagements or ongoing collaboration. Typically, we do not handle routine discovery matters as our function is not to develop the factual record, but to focus on the legal arguments, offering predictive, analytical and strategic advice as trial support for appellate issues. We are also not ghost writers. That said, we can assist and advise throughout the pre-trial phase as mutually beneficial to the client. Embedded counsel’s main objective is appellate issue preservation.

  • Depending on the case complexity, location and scope of engagement, we can be present in court or provide real-time remote support and analysis.

  • No. We defer to the lead trial counsel on client-facing communications unless trial counsel requests otherwise. Our role is to support your advocacy and strengthen your record.

  • Yes. Our firm will be engaged directly by the client for appellate briefing. If we have worked on the matter with trial counsel as embedded counsel, we are very familiar with the record and issues presented and can provide efficient representation on appeal. And if the appeal results in a remand for a new trial, the case is back in trial counsel’s hands.

Schedule a Consultation with Appellate Attorney Julie A. Liberman

Contact LIBERMAN LAW for more information about embedded appellate counsel. Based in the Atlanta area, Julie is an experienced attorney handling cases throughout metropolitan Atlanta and the State of Georgia.