Appellate

Appellate advocacy is not simply about addressing another phase in the life of a lawsuit. In fact, it often begins long before the judgment of the trial court is handed down. An appeal is not merely the continuation of the trial process; it is an entirely new battle. Knowledge of the substantive law and underlying facts is critical, but it is not enough. Appellate courts are governed by a set of highly specialized rules and appellate court judges are persuaded by a style of argument notably different than what will carry the day in the trial court. The manner in which issues and evidence were framed before the trial court will matter deeply to a reviewing court judge. As a result, lawsuits that will ultimately reach the appellate stage invariably benefit from consultation of experienced appellate advocates early on in the litigation process and from skilled handling by appellate advocates once the matter has advanced to the appellate courts.

Demonstrated Experience
Our team of appellate lawyers has for decades aggressively represented businesses and individuals at all levels of state and federal reviewing courts throughout the country, including the U.S. Supreme Court. We have served as court-appointed advisors on rulemaking, elbow clerks to members of the reviewing courts, fellows in and leaders of state and national associations of appellate lawyers, and as a state government’s lead representative before the reviewing courts.

Demonstrated Excellence
As lawyers who have received widespread recognition for their appellate skills, we are often tapped by the courts for significant pro bono matters and by special interest groups and trade associations to prepare amicus curiae briefs. That recognition of special ability, and the value it brings to clients, is shared by attorneys outside our firm who frequently recommend us to advocate for their clients when the battle lines have shifted from the trial level to the reviewing court.

Demonstrated Ability
We typically handle 100 new appeals per year. In an overwhelming majority of cases, we secured favorable results for our clients. A significant portion of our victories have been precedent-setting decisions; many others simply provided good, cost-effective outcomes for clients through sound advice, critical dispositive motions, tactical use of interlocutory appeals, and the ability to gain leverage through carefully executed post-judgment strategies.

Examples of what we do best, in addition to crafting appellate briefs and presenting oral arguments, are:

• Prepare and argue case-dispositive motions, both pre- and post-trial
• Draft and argue motions in limine, for judgment as a matter of law and jury instructions
• Take interlocutory appeals related to discovery orders, immunity defenses, class certifications, and venue
• Secure extraordinary relief through mandamus and supervisory orders
• Stay the enforcement of judgments
• Provide tactical and strategic recommendations and support to set up or head off an appeal
• Handle appellate mediations
• Quickly respond to short-fuse projects such as appeals from temporary restraining orders and injunctions