Appellate Litigation

Drawing from our extensive experience and deep bench of litigators, we provide clients at different stages of their legal action with appellate litigation services to evaluate, anticipate and argue their case 

Our appellate counsel would be able to provide the below services to clients at different stages of the litigation in anticipation of, and in connection with, an appeal.

1. Pretrial

  • Determining which issues may qualify for immediate, early, or discretionary appellate review, and the legal arguments with the most favorable standard of review on appeal.
  • Taking interlocutory appeals from or seeking mandamus review of pre-trial rulings on dispositive motions, orders compelling discovery or other orders requiring emergency appeal.
  • Researching and analyzing trends in similar cases before the specific court that the appeal is in.
  • Conducting an analysis of the judge as well as due diligence of the panel to hear the appeal (once selected).

2. Trial

  • Reviewing trial court proceedings for possible successful appellate issues.
  • Consulting with trial counsel on how to preserve the issues and insure a complete record for appeal.

3. Post-Trial

  • Reviewing the decision or verdict and providing an initial assessment of the issues most likely to succeed (and fail) on appeal.
  • Reviewing the record and considering or opposing possible expansion and means to accomplish this.
  • Preparing the notice of appeal and related submissions such as a statement of the issues to be presented and critical parts of the record.
  • Filing motions in the trial court for a stay of judgment pending appeal.

4. Appeal – Early Stages

  • Evaluating the case and assessing the likelihood of success on appeal, which may include comparing the case to other appeals and considering which is most likely to result in a favorable decision.
  • Advising concerning the issues most likely to succeed in the court hearing the appeal, and the best points to pursue or the most effective arguments to rebut them.
  • Drafting effective questions presented or the counterstatement and advising on what portions of the trial court record should be included in the appendix.
  • Engaging in motion practice on such points as requests to stay or expedite an appeal, consolidate it with other litigation or transfer it to a different court, dismiss it for lack of jurisdiction, or correct or expand the record.
  • Engaging in amicus practice, including recruiting amicus support, representing one or more amici, and challenging the request of an amicus to file in support of the opponent.

5. Appeal – Briefing And Argument Stages

  • Drafting appellate or amicus briefs.
  • For an appellant, narrowing the issues to be presented and determining the most favorable possible standards of review; conversely, for an appellee, determining the most powerful arguments to counter the issues presented and identifying other bases for affirmance supported by the record.
  • Formulating the main theme and story line for each brief and reviewing drafts, with the focus on limiting the facts presented to those that are essential, the logical flow of the arguments, and overall advocacy.
  • Providing background on the court or judges assigned to hear the appeal, as well as the issues and argument approaches most likely to resonate with them.
  • Organizing or participating in formal moot courts or assisting in less formal argument preparation by discussing strengths and weaknesses of the case, points to emphasize, and ways to respond to likely questions.
  • Reviewing and consulting on appellate briefs drafted by others.
  • Oral argument.

6. Appeal – Post-Decision Stages.

  • Reviewing the opinion and assessing the likelihood of post-decision relief.
  • Identifying the best issues to continue pursuing or counterarguments and preparing or responding to petitions for rehearing by the panel or the court as a whole or for discretionary review by the next highest court.
  • Recruiting amicus support as appropriate.