In a law firm I was with previously, I was often tasked with writing an appellant’s brief or mandamus petition for another lawyer in the firm whose practice was entirely in the trial courts. One issue that came up on occasion was that the other lawyer, having lost before  the trial court, viewed an appeal as simply a second chance to get a court to approve the same exact argument made below. I would try to convince the lawyer that appellate courts are not just second-chance trial courts, but sometimes my efforts were to no avail. The outcome was generally predictable: another loss. The reason why that was so is because when you have lost in the lower court both the applicable standards of…