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APPELLATE
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Appellate |
Litigation and Dispute
Resolution
Disputes that result in litigation often
result in appeals as well. However, the ins and outs of appellate work
differ significantly from that of trial work or any other type of legal
representation. As recognized by United States Court of Appeals Judge
Ruggero J. Aldisert in his book, Winning on Appeal:
Appellate advocacy is specialized work. It draws on talents and skills
which are far different from those utilized in other facets of
practicing law.... The appellate lawyer [like the trial lawyer] is still
a salesperson, but the lawyer carries a different sample case…. Too many
lawyers fail to make this adjustment. Indeed, too many lawyers do not
even realize that an adjustment has to be made.
Some of the major differences between trial and appellate work
include:
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The appellate court is reviewing the
propriety of a decision already made, not making an initial decision,
and the level of deference given to the decision at the trial level can substantially impact the outcome
on appeal.
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While oral advocacy skills are important, it
is most essential that an appellate attorney to be a good writer,
skilled in advocating through his or her written work product.
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Appellate attorneys must be experienced in
dealing with judges (not juries) who will have read the written briefs
filed with the court, and who will be well informed about the issues,
long before the attorneys ever speak a word.
With experience handling appeals while the trial proceedings are still ongoing, at the conclusion of the trial
court proceedings, and in connection with post-judgment issues, we stand ready to provide appellate representation
throughout every phase of the litigation process. In addition, we are
available to provide
trial support services, whereby we assist trial counsel with everything
from making the necessary arguments and objections, to preserving issues
for appeal and presenting complex legal arguments directly to the
trial court.
Whether you're looking for someone to take on the role of
lead appellate counsel or to offer guidance from the sidelines, we look forward to
becoming the team you trust.
Business and Corporate
|
Construction
|
Real Property
|
Estate Planning and Administration
|
Appellate |
Litigation and Dispute
Resolution
|