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The Importance of Preservation to Winning a Civil Appeal

Although it is important that an appellate brief be artfully drafted, victory on appeal may turn more on whether trial counsel had the forethought to ensure that an issue was preserved. This article reviews the general rules regarding preservation and explores the narrow exceptions to that rule that have been recognized by Colorado appellate courts. It then provides some practical suggestions for preparing for appeal during trial and beyond. 

This article was originally published in the Pikes Peak Lawyer, October 2015, the official publication of the El Paso County Bar Association. Read More→

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Ten Techniques to Help You Win Your Case on Appeal

tough appealI started my legal career with several years clerking at the Colorado Court of Appeals, and appellate law is one of my practice areas. I usually work as co-counsel with trial attorneys who feel less comfortable with appellate briefs. Recently, the Colorado Court of Appeals issued a 3-0 opinion in my client’s favor. This got me thinking about principles for practicing appellate law and winning as often as reasonably possible.

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Elements of a Successful Appellate Brief

As law clerks for the Colorado Court of Appeals, we read briefs each week and analyze them with our judge. In addition, our job regularly involves appellate writing that conforms to the standards discussed in this article. These experiences provide us insight into writing persuasive and effective briefs that can strengthen your appellate advocacy. This article will discuss the elements of successful appellate briefs.

This article was originally published by Theresa L. Sidebotham and Aaron N. Einhorn in The Colorado Lawyer, June 2008, Vol. 37, No. 6 ... Read More →

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