Appeals

Our appellate practice includes the representation of appellants and appellees, petitioners and respondents in appeals, petitions and writs in federal and state appellate courts. Appellate advocacy requires a specialized skill set. We analyze the trial or administrative record to identify factual and legal issues that may be raised on appeal, analyze their relative strengths and weaknesses, and strategize with the client to prepare briefing designed to achieve the client’s desired outcome. We handle a broad variety of appellate matters from state and federal civil and criminal trial courts and administrative tribunals.

Appeals can be won or lost on the briefs and a strong, well-written brief improves the chances of success. Our briefs are thoroughly researched, concise and articulate. A high-quality brief requires the exercise of informed judgment to distinguish between arguments that are suitable for presentation, and arguments that may inadvertently detract from the central theory of the appeal. Our decades of experience have informed and honed the exercise of that judgment.

After the briefs are filed, we prepare for oral presentation of the argument to the court. We consider the issues from a broad range of perspectives to facilitate the court’s understanding of the strengths of our positions and the weaknesses in our opponent’s arguments.

In addition, it is often beneficial to retain appellate counsel during litigation, before the case reaches the appellate court. A crucial step in any case is preserving the issue or issues that may be raised on appeal. An appellate attorney can assist trial counsel in researching the law and the standard of review for any appeal and providing insight on how best to position the litigation in the event of an appeal. Using the skills of an appellate lawyer also frees up trial counsel to focus on aspects of the litigation that align with their specific talents and training. We have many years of experience consulting with trial counsel and clients to ensure that the best legal arguments are preserved for appeal.