Understand Your Rights. Solve Your Legal Problems
Appellate advocacy is often described as the most intellectually demanding branch of legal practice—one that calls for precision, persuasion, and the ability to distill complex cases into elegant, tightly reasoned arguments. Few lawyers embody that art better than Laurie Webb Daniel, founding partner at Webb Daniel Friedlander LLP, an appellate boutique based in Atlanta.
With decades of experience leading appellate teams in both Big Law and boutique settings, Daniel reflects on what makes appellate work distinct, when trial teams should seek appellate counsel, and how the craft has evolved in Georgia’s rapidly changing legal landscape.
“When I decided to focus on appellate advocacy, I realized I wanted to be a lawyer’s lawyer—the person trial lawyers turn to when a judgment needs fixing,” says Daniel.
She explains that appellate advocacy is fundamentally different from trial work: “I’m the law person on the case. I argue to judges, not juries. My task is to deliver a winning message in only a few minutes or a few pages.”
“Ten years ago, I was typically hired after a bad verdict,” Daniel recalls. “But that often led to waiver problems—where an appellate court wouldn’t consider a great argument because it hadn’t been preserved at trial.”
Now, with Georgia’s reputation for “nuclear verdicts” in the tens of millions, her firm is often brought in before trial to ensure key issues are properly developed and preserved. “We’re the safety net if the trial is lost,” she says.
Appellate counsel can play a critical role during trial preparation and proceedings. Daniel notes that her team often:
Ensures pretrial orders include all possible legal theories,
Drafts motions in limine to exclude prejudicial evidence,
Prepares pocket briefs for emerging issues during trial, and
Assists with jury instructions and motions for directed verdict.
“Anything that requires deep legal analysis rather than factual development is our lane,” she explains.
While some might expect friction between trial and appellate attorneys, Daniel says the opposite is true. “The appellate and trial lawyers almost always make a seamless team,” she says.
“Many trial lawyers request our presence in court—not just for cover, but because having someone else handle the legal arguments lets them focus on witnesses and cross-examinations. No one wants to be stuck drafting jury charges right before closing arguments.”
Daniel founded the Appellate Practice Section of the State Bar of Georgia nearly two decades ago. “At that time, few private lawyers identified as appellate practitioners,” she says. “But Georgia’s appellate judges recognized the need and supported us. They believed it would improve the quality of briefs and oral arguments—and I think it has.”
Today, the appellate bar in Georgia is thriving, with more firms recognizing the strategic value of specialized advocacy.
Daniel shares a valuable insight she once received from Chief Justice John Roberts while chairing the ABA’s Standing Committee on Amicus Curiae Briefs.
“He said that as an appellate lawyer, he used to struggle to fit arguments within page limits. But once he became a judge, his perspective completely changed. His advice was simple: ‘Shorter is better.’”
“Preparing for a 20-minute argument can take weeks,” Daniel admits. “Georgia appellate judges are active questioners who won’t hesitate to interrupt with hypotheticals or nuanced legal points.”
Her preparation routine includes:
Studying all briefing and cited cases,
Reviewing transcripts and records in detail,
Conducting a roundtable session with clients and co-counsel to refine themes, and
Holding a formal moot court a few days before the real argument.
Her guidance is straightforward: “Work hard, give it your best, and if you win a big case—let people know.”
Daniel also recommends pro bono appeals and amicus brief opportunities as pathways to build credibility and courtroom experience. “These cases are a great way to get your foot in the door and make a name for yourself.”
Georgia’s appellate system, Daniel explains, now has its own identifiable bar—much like the U.S. Supreme Court bar. “Familiarity builds credibility, and credibility is everything in appellate practice.”
Still, there are procedural differences:
In Georgia’s Court of Appeals, the panel of three judges is disclosed early via a docketing notice.
In the Eleventh Circuit, which covers Georgia, Alabama, and Florida, panel identities remain unknown until two weeks before argument—and only if an argument is scheduled.
“Federal arguments tend to be more intense,” she adds, “but the Georgia Supreme Court—with nine active questioners—can be every bit as challenging.”
Having led the appellate team at a major national firm, Daniel found the transition to boutique practice refreshing.
“At our firm, we’re driven by the thrill of problem-solving, not the billable hour. Collaboration is genuine—we meet weekly to discuss our docket, and those conversations often spark insights that benefit clients in unexpected ways. There’s a sense of camaraderie here that’s increasingly rare in Big Law.”
Laurie Webb Daniel
Webb Daniel Friedlander LLP – An Appellate Boutique
75 14th Street NE, Suite 2450
Atlanta, Georgia 30309
Tel: (404) 433-6430
Website: www.webbdaniel.law
