Appellate Practice
Mar. 18, 2024
Forfeitures’ on appeal: Part 2 – ensuring fairness to the parties
The appellate court’s job is to apply the correct law and provide justice for the parties, regardless of the lawyers’ mistakes or arguments. Trial attorneys should consult with appellate counsel to avoid making mistakes or missing important arguments.
Shutterstock
It’s the bane of every appellate lawyer – like me. I think of a brilliant argument, only to be met with: “Sorry, counsel. That argument was not made to the trial court. So now it’s forfeited.”
My last column began this discussion. This column completes it.
While a few appellate Justices simply incant this basic rule, most understand that the rule is more nuanced because it is based on the need for “fairness” to...