ALTHOUGH THE TITLE of this article is about the preservation and protection of appeal rights “when the ship is going down,” it is often difficult to know that a case will result in a decision or award that should be appealed. No trial is perfect, and even the best, most carefully laid plans can seem to fall apart when the judge makes an unexpected ruling, a witness proves weak or is unable to testify, or the jury returns a verdict seemingly unsupported by the evidence. Because in every case there may be error warranting appeal, the best practice is to assume that every case will be appealed and, therefore, that the record at trial must be protected.
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