The Right Arguments at the Right Time: Appellate Advocacy with Chris Edwards

“Improved appellate advocacy betters us all,” says Chris Edwards. “It betters the court system. It betters our outcomes.” The co-chair of Ward and Smith's Appellate Practice, Chris discusses how trial lawyers can improve their appellate advocacy in this conversation with host Amber Nimocks. He also highlights his new column for “Trial Briefs,” NCAJ’s flagship publication, where he shares his “superpowers” with NCAJ members. And he previews his Nov. 12 virtual CLE, “Winning on Appeal Starts at Trial,” where he’ll cover issue preservation, record building, and best practices.

🎙️ Featured Guest 🎙️

Name: Chris Edwards

Connect: LinkedIn

💡 Episode Highlights 💡

[02:00] Path to Appellate Practice: Clerkships in a federal district court and the US Court of Appeals shaped Chris’ career. “The first four years that I was in practice, all I knew was writing for, talking to, persuading judges.”

[03:38] Different Superpowers: Chris explains how appellate lawyers use storytelling differently than trial lawyers—telling the client's story through written briefs rather than in front of juries.

[05:06] Thinking Ahead: Even if trial lawyers don't handle appeals themselves, they should think strategically to ensure success if the case goes to appeal, Chris says.

[08:34] Vanguard v. Moody: Chris recaps his first “Appellate Thinking” column, which focused on the Supreme Court's ruling requiring specificity in motions for directed verdict.

[11:43] Evolving Case Law: Chris explains the fascinating part of appellate practice—watching how settled case law changes over time and seeing where courts are moving the law.

[14:24] Shifting Trends: Every US Supreme Court chief justice moves the court in a different direction, Chris observes.

[16:40] Coddle v. Mankin: Chris recalls co-authoring an NCAJ amicus brief about whether negligent supervision claims fall under medical malpractice laws.

[19:15] The Trial Lawyer Dynamic: “Practically speaking, an appellate lawyer's client is the trial lawyer,” Chris says as he explains the relationship. “I get to help my friends solve cool problems.”

[21:05] Common Appellate Questions: The three most common questions that Chris hears from trial lawyers: appellate timelines, post-trial motions, and assembling the record.

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