Why Trial and Appellate Experience Matter in Business Litigation
There is an important distinction between being a litigator and being an experienced trial lawyer.
Many attorneys can handle pleadings, discovery, motions, negotiations, and other aspects of litigation. Far fewer have substantial experience actually trying sophisticated business cases.
Furthermore, trial experience creates significant advantages in the early stages of commercial disputes. Attorneys who regularly try cases tend to prepare with trial in mind from the beginning, and opposing counsel know which attorneys are willing and able to take a case to verdict if a reasonable resolution cannot be reached. That credibility always shapes settlement negotiations and litigation strategy throughout the case.
Experienced trial lawyers also understand how decisions made before and during trial can affect a potential appeal, including the importance of developing the record and properly preserving issues for appellate review.
The Schklar & Heim, LLC team has taken more than 15 high-stakes business disputes to trial, a significant number considering that the overwhelming majority of these cases resolve or settle in the pre-trial phase.
For example, Edwin Schklar and Maggie Heim represented a corporate client in Fulton County Superior Court in a securities fraud case involving more than 25 parties, most of them offshore shell companies. The complex case involved more than $100 million in dispute and centered on the fraudulent naked short selling of shares to artificially drive down the stock price. It also raised novel legal issues concerning personal jurisdiction in conspiracy cases that were not only decided on appeal, but which also have become important legal precedents in Georgia.
In 2015, the Schklar & Heim team also obtained a defense verdict in a three-day jury trial in Gwinnett County Superior Court. The case involved an overseas distributor in the multi-level marketing industry, more than $5 million in dispute, and critical trial testimony from an expert in the industry.
Appellate Experience in High-Stakes Business Litigation
Appellate experience is another important differentiator in business litigation.
Commercial disputes often involve complicated and unsettled questions of law, which makes prior appeals work beneficial to clients seeking the best results. Experience before the Court of Appeals of Georgia, the Supreme Court of Georgia, and the federal appellate courts is therefore a valuable qualification and differentiator that frequently impacts the ultimate outcome.
Many trial lawyers hand a case off to separate appellate counsel once it reaches the appellate stage. It is an advantage, however, to have attorneys who understand the entire progression of a case, from pretrial litigation through trial and appeal. An attorney with appellate experience is more likely to consider potential reversible error while the case is still in the trial court, when the record is being developed and issues must be properly preserved.
The Schklar & Heim, LLC trial team has represented clients in many appeals in the Supreme Court of Georgia and the Court of Appeals of Georgia over the past three decades, demonstrating their commitment and ability to take a client’s fight as far as necessary to achieve a positive outcome. Several of these cases have resulted in published opinions that carry precedential value and have shaped Georgia law.
Evaluation of a Business Litigation Attorney’s Record of Results
Past results never guarantee the outcome of a future case, but an attorney’s record provides meaningful information about the level and type of litigation the attorney has handled.
Depending on the nature of the practice, relevant results may include significant:
- Trial verdicts
- Arbitration awards
- Settlements, via mediation or otherwise
- Dismissals
- Summary judgments
- Injunctions and other emergency relief
- Appellate victories
- Recoveries of attorneys’ fees and litigation expenses
Results should be evaluated in context. A large settlement is not necessarily more impressive than successfully defending a business against a much larger claim, obtaining an injunction when time is critical, or reaching a favorable resolution that protects an important business relationship.
Talk With an Experienced Atlanta Business Litigation Team
Attorneys with appellate experience bring a broader perspective to business disputes, recognize legal issues that can shape the outcome, preserve critical arguments, and build records that withstand appellate scrutiny. Edwin Schklar and Maggie Heim bring that perspective to complex business litigation, backed by more than 60 years of combined experience. When the stakes are high, put experienced trial and appellate counsel on your side. Contact Schklar & Heim, LLC today at 404-888-0100 to discuss your business dispute.