Trial vs. Appeal — The Decisions Behind the Decisions | Courtside (Ep. 10)
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Trial vs. Appeal — The Decisions Behind the Decisions | Courtside (Ep. 10)
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What do trial lawyers miss in the heat of the moment—and why can those decisions determine what happens on appeal?
In this episode of Courtside, Etan and Jose sit down with appellate attorney Deija Lifshitz to explore the differences between government and private practice, how appellate thinking shapes litigation strategy, and why preserving issues for appeal can make or break a case.
They discuss jury perception, the hidden role of appellate counsel during trial, malpractice pressure, and the often-overlooked importance of jury instructions. The conversation also touches on where the profession may be heading, including the early role of AI in shaping how cases are analyzed and decided.
From courtroom tactics to the structure of legal decision-making, this episode examines how cases are actually won—and how lawyers think beyond the moment.
Disclaimer: Courtside episodes are for general information only and are not legal advice.