TRIAL magazine has published an article by CCL President Robert S. Peck, offering strategies that trial lawyers should employ to preserve their victories on appeal or overturn an adverse result, in its July 2013 issue.  In Looking Down the Appellate Road,* Peck discusses the importance of such crucial questions as contemporaneous objections, record preservation, proffering excluded evidence and conforming to procedural complexities, along with a handy list of practical considerations.  Trial counsel will always be concerned with staying on the good side of the trial judge by not being too aggressive in objecting to rulings, Peck writes, but the failure to preserve the issue for appeal requires an objection on the record. “The seeds of success on appeal,” Peck states, “often grow from those planted before trial.” He advises that in cases involving high stakes or complicated trial procedure lawyers are well-advised to plan for trial, but anticipate an appeal, where the ultimate determination of the case’s success or failure is likely to be made. 

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