Most law firms today, whether large or small, divide their attorneys into sections. Those sections typically separate the transactional attorneys from the litigation attorneys. The litigation attorneys are typically further divided into trial court attorneys and appellate court attorneys.
Accordingly, when the client needs a business or real estate transaction closed, the matter is assigned to a transactional lawyer who has little or no practical appreciation for the litigation risks associated with a transaction. Similarly, when business and real estate clients find themselves in litigation, it is typically handled by litigators who have no experience in actually closing a business or real estate transaction. If that litigation ends up in an appellate court, the matter then gets reassigned, yet again, to an appellate attorney who has neither closed a business or real estate transaction nor tried a case.