Appellate Law

Mounting an appeal can seem like a daunting task for a trial attorney. It is a time-consuming process that requires a very different set of skills than trying a case does. The goal is no longer to convince a lay jury that your version of the facts is the right one....

Appellate procedural rules give the appealing party the option to submit an additional brief after receiving the answering brief of the opposing party. This is a huge opportunity that should not be squandered. The function of the reply brief is simple and very...

If you have just lost a trial or a motion to dismiss and are contemplating an appeal, there are important considerations for you and your client to keep in mind. From ensuring that you comply with the relevant timeframes and procedures, to understanding the applicable...

The primary mission of an appellate attorney is to prepare a comprehensive brief, setting forth a persuasive legal argument that is well-supported by case law and the applicable statutory or regulatory framework. Because most appeals are won or lost “on the briefs,”...

As more and more courts around the country embrace technology, lawyers must keep up or risk being left behind. Indeed, the American Bar Association has stated that professional responsibility requires lawyers to keep abreast of “the benefits and risks associated with...

If you are considering bringing an appeal, there are important deadlines and detailed procedures that must be followed to the letter. Understanding the structure of the courts, the different methods for seeking review, and the various standards of review is of the...

Following an adverse outcome at trial or on a dispositive motion, trial lawyers may be tempted to take on their client’s appeal. After all, who knows the case better than the attorney who has lived with it from the beginning? A sense of pride and a desire to right...

The ability to narrate a compelling story is a useful skill in law, just as it is in business. While it has long been recognized, particularly in the litigation space, that the best lawyers are great storytellers, over the past decade Legal Storytelling has made its...