Why an Appellate Practice?
Success in litigation takes a variety of skills. At the
trial level, you know how to get the facts you need and
present them to a jury. The appeal, however, is
Your audience moves from a single trial judge or a panel
of jurors to three or more appellate jurists and their
attorney assistants. The facts still set the emotional
tone for your case, but now issues of law predominate –
and you are limited to the record created in the trial
The manner of presentation is also different. At trial,
your finely honed skills as an oral advocate are central
to the presentation of your case. By contrast, however,
the appellate court relies almost exclusively on the
written briefs in the case.
Before this new audience on appeal, you need to craft a
new theme – one that revolves around the legal issues in
the case and that understands the public policy behind
the law. Now your presentation must be focused on the
written word and each argument in your brief must lead
the court through the record and prior precedent to the
result your client seeks.
Having an experienced appellate advocate on your team,
whether as co-counsel or as a consultant, will help you
put on the best possible case on appeal.