Best Lawyers for Appellate Practice in America

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Lawyer
  • Location:
    Columbus, Ohio
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Appellate Practice Energy Regulatory Law Litigation - Environmental Litigation - Regulatory Enforcement (SEC, Telecom, Energy)
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Austin, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Austin, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Austin, Texas
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Raleigh, North Carolina
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Commercial Litigation Legal Malpractice Law - Defendants Arbitration Appellate Practice Mediation
Lawyer
  • Location:
    Greenville, South Carolina
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Appellate Practice Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Greenville, South Carolina
  • Practice Areas:
    Appellate Practice Criminal Defense: General Practice Criminal Defense: White-Collar Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    Fort Worth, Texas
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
Charles M. Auslander was awarded  "Lawyer of the Year" in

Charles M. Auslander

Crabtree & Auslander
  • Location:
    Key Biscayne, Florida
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Providence, Rhode Island
  • Practice Areas:
    Appellate Practice Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Litigation - Bankruptcy
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    New Haven, Connecticut
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Copyright Law Appellate Practice
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Land Use and Zoning Law Litigation - Municipal Appellate Practice
Lawyer
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Appellate Practice Mediation Arbitration Commercial Litigation
Lawyer
  • Location:
    Houston, Texas
  • Practice Areas:
    Appellate Practice Litigation - Insurance
Lawyer
  • Location:
    Houston, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Rockville, Maryland
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Hartford, Connecticut
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
Brent R. Baughman was awarded  "Lawyer of the Year" in

Brent R. Baughman

Dentons Bingham Greenebaum
  • Location:
    Louisville, Kentucky
  • Practice Areas:
    Employment Law - Management Litigation - Labor and Employment Labor Law - Management Appellate Practice
Lawyer
  • Location:
    Hartford, Connecticut
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Morgantown, West Virginia
  • Practice Areas:
    Employment Law - Management Litigation - Labor and Employment Appellate Practice Labor Law - Management
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation Bet-the-Company Litigation Appellate Practice
Lawyer
Mark R. Bendure was awarded  "Lawyer of the Year" in

Mark R. Bendure

Bendure & Thomas
  • Location:
    Grosse Point Park, Michigan
  • Practice Areas:
    Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Litigation - Land Use and Zoning Appellate Practice Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Land Use and Zoning Appellate Practice
Lawyer
  • Location:
    Miami, Florida Fort Lauderdale, Florida
  • Practice Areas:
    Commercial Litigation Appellate Practice Litigation - Mergers and Acquisitions
Lawyer
  • Location:
    Tampa, Florida
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Appellate Practice Criminal Defense: White-Collar
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Appellate Practice Litigation - Intellectual Property Litigation - Securities Commercial Litigation Professional Malpractice Law - Defendants
Lawyer
  • Location:
    Salt Lake City, Utah
  • Practice Areas:
    Commercial Litigation Appellate Practice Litigation - Patent Trade Secrets Law Bet-the-Company Litigation Litigation - Intellectual Property Litigation - Securities
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Criminal Defense: General Practice Criminal Defense: White-Collar Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation Technology Law Appellate Practice
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Appellate Practice
Lawyer
David Boies was awarded  "Lawyer of the Year" in

David Boies

Boies Schiller Flexner LLP
  • Location:
    Armonk, New York
  • Practice Areas:
    Appellate Practice Antitrust Law Public Finance Law Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Appellate Practice Media Law Litigation - Intellectual Property Bet-the-Company Litigation Litigation - First Amendment Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Education Law Appellate Practice Commercial Litigation
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Employment Law - Management Commercial Litigation Litigation - Labor and Employment Appellate Practice
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Tucson, Arizona
  • Practice Areas:
    Commercial Litigation Appellate Practice Litigation - Real Estate Real Estate Law Mediation
Lawyer
  • Location:
    Tampa, Florida
  • Practice Areas:
    Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Louisville, Kentucky
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Portland, Oregon
  • Practice Areas:
    Appellate Practice Insurance Law
Lawyer
  • Location:
    Houston, Texas
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Appellate Practice Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Raleigh, North Carolina
  • Practice Areas:
    Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Pittsburgh, Pennsylvania
  • Practice Areas:
    Litigation - Securities Appellate Practice
Lawyer
  • Location:
    Seattle, Washington
  • Practice Areas:
    Litigation - First Amendment Litigation - Antitrust Appellate Practice Commercial Litigation Technology Law Litigation - Intellectual Property Bet-the-Company Litigation Litigation - Patent
Lawyer
  • Location:
    Seattle, Washington
  • Practice Areas:
    Appellate Practice Mortgage Banking Foreclosure Law Commercial Litigation
Lawyer
  • Location:
    Pittsford, New York
  • Practice Areas:
    Appellate Practice Bet-the-Company Litigation
Lawyer
  • Location:
    Hartford, Connecticut
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Appellate Practice
Lawyer
  • Location:
    Las Vegas, Nevada
  • Practice Areas:
    Appellate Practice Criminal Defense: White-Collar Commercial Litigation Bet-the-Company Litigation Litigation - First Amendment
Lawyer
  • Location:
    Lawrence, Kansas
  • Practice Areas:
    Litigation - Trusts and Estates Personal Injury Litigation - Plaintiffs Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Portland, Oregon
  • Practice Areas:
    Litigation - Securities Appellate Practice
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Commercial Litigation Appellate Practice Insurance Law Mass Tort Litigation / Class Actions - Defendants Bet-the-Company Litigation
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Insurance Law Appellate Practice
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    St. Louis, Missouri
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Fort Worth, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Concord, New Hampshire
  • Practice Areas:
    First Amendment Law Appellate Practice Litigation - First Amendment
Lawyer
  • Location:
    Winston-Salem, North Carolina
  • Practice Areas:
    Commercial Litigation Litigation - First Amendment Appellate Practice
Lawyer
Anne A. Chesnut was awarded 2020 "Lawyer of the Year" in Elasticsearch.PracticeArea

Anne A. Chesnut

Dentons Bingham Greenebaum
  • Location:
    Lexington, Kentucky
  • Practice Areas:
    Litigation - Land Use and Zoning Appellate Practice Litigation - Real Estate Commercial Litigation Litigation - Environmental
Lawyer
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants Appellate Practice Product Liability Litigation - Defendants Litigation - ERISA Litigation - Labor and Employment Employee Benefits (ERISA) Law Bet-the-Company Litigation
Lawyer
  • Location:
    Houston, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Portland, Oregon
  • Practice Areas:
    Litigation - First Amendment Appellate Practice Insurance Law
Lawyer
  • Location:
    Austin, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Fayetteville, Arkansas
  • Practice Areas:
    Appellate Practice Bet-the-Company Litigation Commercial Litigation Litigation - Bankruptcy Litigation - Real Estate Workers' Compensation Law - Employers
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Product Liability Litigation - Plaintiffs Appellate Practice Professional Malpractice Law - Plaintiffs
Lawyer
  • Location:
    Bethesda, Maryland
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation Employment Law - Management Appellate Practice Bet-the-Company Litigation Litigation - Labor and Employment
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Houston, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Appellate Practice Commercial Litigation Professional Malpractice Law - Defendants
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Commercial Litigation Appellate Practice Securities / Capital Markets Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Southfield, Michigan
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Baltimore, Maryland
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Southfield, Michigan
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Bet-the-Company Litigation Insurance Law Appellate Practice
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Insurance Law Appellate Practice
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Appellate Practice Bet-the-Company Litigation
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Insurance Law Appellate Practice
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Appellate Practice Criminal Defense: White-Collar
Lawyer
  • Location:
    Las Vegas, Nevada
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Indianapolis, Indiana
  • Practice Areas:
    Appellate Practice
Lawyer
John G. Crabtree was awarded  "Lawyer of the Year" in

John G. Crabtree

Crabtree & Auslander
  • Location:
    Key Biscayne, Florida
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Product Liability Litigation - Defendants Bet-the-Company Litigation Appellate Practice
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Litigation - First Amendment Litigation - Environmental Litigation - Antitrust Appellate Practice Litigation - Regulatory Enforcement (SEC, Telecom, Energy) Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Appellate Practice Litigation - Patent
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Manchester, New Hampshire
  • Practice Areas:
    Appellate Practice Corporate Compliance Law Commercial Litigation
Lawyer
  • Location:
    Richmond, Virginia
  • Practice Areas:
    Litigation - ERISA Insurance Law Appellate Practice
Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Appellate Practice Litigation - Regulatory Enforcement (SEC, Telecom, Energy) Litigation - Securities Commercial Litigation
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Commercial Litigation Appellate Practice Bet-the-Company Litigation
Lawyer
  • Location:
    Detroit, Michigan
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    First Amendment Law Civil Rights Law Administrative / Regulatory Law Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Reno, Nevada
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Las Vegas, Nevada
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    St. Louis, Missouri
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Hartford, Connecticut
  • Practice Areas:
    Appellate Practice Ethics and Professional Responsibility Law
Lawyer
  • Location:
    Bridgeport, Connecticut
  • Practice Areas:
    Family Law Appellate Practice
Lawyer
Jocelyn C. Drennan was awarded  "Lawyer of the Year" in

Jocelyn C. Drennan

Rodey, Dickason, Sloan, Akin, & Robb P.A.
  • Location:
    Albuquerque, New Mexico
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Appellate Practice Bet-the-Company Litigation Mass Tort Litigation / Class Actions - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Appellate Practice Workers' Compensation Law - Employers
Lawyer
  • Location:
    Houston, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Houston, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Morgantown, West Virginia
  • Practice Areas:
    Insurance Law Appellate Practice Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Commercial Litigation Bet-the-Company Litigation Appellate Practice
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Bet-the-Company Litigation Native American Law Media Law Gaming Law Arbitration Appellate Practice Mediation Commercial Litigation Ethics and Professional Responsibility Law Litigation - Antitrust Litigation - First Amendment Litigation - Intellectual Property
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Appellate Practice Commercial Litigation Labor Law - Management Employment Law - Management Litigation - Labor and Employment
Lawyer
  • Location:
    Austin, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Concord, New Hampshire
  • Practice Areas:
    Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Austin, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar Litigation - Intellectual Property Appellate Practice Bet-the-Company Litigation Litigation - Regulatory Enforcement (SEC, Telecom, Energy)
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Okemos, Michigan
  • Practice Areas:
    Appellate Practice Litigation - Land Use and Zoning Energy Law Utilities Law Land Use and Zoning Law Administrative / Regulatory Law Municipal Law Litigation - Municipal
Lawyer
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Appellate Practice Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Chatham, New Jersey
  • Practice Areas:
    Criminal Defense: White-Collar Appellate Practice
Lawyer
  • Location:
    Memphis, Tennessee
  • Practice Areas:
    Ethics and Professional Responsibility Law Litigation - First Amendment Appellate Practice
Lawyer
  • Location:
    Seattle, Washington
  • Practice Areas:
    Criminal Defense: General Practice Bet-the-Company Litigation Arbitration Criminal Defense: White-Collar Litigation - Environmental Appellate Practice
Lawyer
  • Location:
    Tampa, Florida
  • Practice Areas:
    Bet-the-Company Litigation Criminal Defense: General Practice Criminal Defense: White-Collar Appellate Practice
Lawyer
  • Location:
    Manchester, New Hampshire
  • Practice Areas:
    Commercial Litigation Appellate Practice Bet-the-Company Litigation Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Appellate Practice Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    Harrisburg, Pennsylvania
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Appellate Practice
Lawyer
  • Location:
    Milwaukee, Wisconsin
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Appellate Practice Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Appellate Practice Insurance Law Commercial Litigation Litigation - Construction Oil and Gas Law
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Appellate Practice Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Houston, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Appellate Practice Criminal Defense: White-Collar
Lawyer
  • Location:
    Baltimore, Maryland
  • Practice Areas:
    Civil Rights Law Mass Tort Litigation / Class Actions - Plaintiffs Commercial Litigation Litigation - Labor and Employment Appellate Practice Personal Injury Litigation - Plaintiffs Employment Law - Individuals
Lawyer
  • Location:
    New Haven, Connecticut
  • Practice Areas:
    Appellate Practice Art Law
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Appellate Practice Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Appellate Practice Civil Rights Law
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Appellate Practice
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs Bet-the-Company Litigation Personal Injury Litigation - Plaintiffs Litigation - Construction Eminent Domain and Condemnation Law Mortgage Banking Foreclosure Law Personal Injury Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants Medical Malpractice Law - Plaintiffs Litigation - Environmental Professional Malpractice Law - Defendants Education Law Appellate Practice Construction Law Product Liability Litigation - Plaintiffs Product Liability Litigation - Defendants
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Appellate Practice

  • Location:
  • Practice Areas:

Practice Area Definition

Appellate Practice Definition

Appellate practice involves different skills and strategic considerations than trial practice. On appeal, the focus shifts from developing and proving facts (through discovery, examining witnesses, and trial) to the legal issues that decide the case. Effective appellate advocacy thus demands a formulation of the issues that is focused on what is important to a panel of appellate judges deciding the case.

In formulating the issues on appeal, an appellate lawyer conducts thorough legal research; analyzes the legal issues in light of the rule-making and policy considerations that shape the development of law; and then presents the facts and those issues and arguments selected for appeal concisely in a persuasive appellate brief.

The importance of a well-crafted appellate brief cannot be exaggerated. Appellate briefs receive greater judicial scrutiny than written materials prepared at trial because they are reviewed by a panel of judges, rather than a single judge, along with those judges’ larger legal staff, under comparatively less time pressure than exists in the trial court. As one appellate court has explained, appellate work is “most assuredly not the recycling of trial level points and authorities” but instead “entails rigorous original work in its own right” and “offers counsel probably their best opportunity to craft work of original, professional, and, on occasion, literary value.” In re Marriage of Shaban, 88 Cal. App. 4th 398, 408-10 (2001). 

After the appellate briefing, oral argument is an opportunity to engage in a dialogue with the appellate judges regarding the issues in the case. To be effective, appellate oral advocacy must be keyed to the unique concerns of the appellate forum – avoiding emotional or fact-based pleas that may play well before a jury, but instead focusing on the dispositive legal issues, being sure to answer the judges’ questions. 

In addition to the practice in the appellate courts, appellate lawyers play important roles in the trial courts. Appellate lawyers collaborate with trial counsel on strategic and tactical matters to raise all applicable arguments and make the appropriate trial record, identifying and preserving legal issues as they arise and crafting effective motions on substantive legal issues – before, during, and after trial. 

Therefore, involving an appellate lawyer in a case as early as possible is important to ensure the best chance of success both at trial and on appeal.

Akin Gump Strauss Hauer & Feld LLP

Akin Gump Strauss Hauer & Feld LLP logo

Appellate practice involves different skills and strategic considerations than trial practice. On appeal, the focus shifts from developing and proving facts (through discovery, examining witnesses, and trial) to the legal issues that decide the case. Effective appellate advocacy thus demands a formulation of the issues that is focused on what is important to a panel of appellate judges deciding the case.

In formulating the issues on appeal, an appellate lawyer conducts thorough legal research; analyzes the legal issues in light of the rule-making and policy considerations that shape the development of law; and then presents the facts and those issues and arguments selected for appeal concisely in a persuasive appellate brief.

The importance of a well-crafted appellate brief cannot be exaggerated. Appellate briefs receive greater judicial scrutiny than written materials prepared at trial because they are reviewed by a panel of judges, rather than a single judge, along with those judges’ larger legal staff, under comparatively less time pressure than exists in the trial court. As one appellate court has explained, appellate work is “most assuredly not the recycling of trial level points and authorities” but instead “entails rigorous original work in its own right” and “offers counsel probably their best opportunity to craft work of original, professional, and, on occasion, literary value.” In re Marriage of Shaban, 88 Cal. App. 4th 398, 408-10 (2001). 

After the appellate briefing, oral argument is an opportunity to engage in a dialogue with the appellate judges regarding the issues in the case. To be effective, appellate oral advocacy must be keyed to the unique concerns of the appellate forum – avoiding emotional or fact-based pleas that may play well before a jury, but instead focusing on the dispositive legal issues, being sure to answer the judges’ questions. 

In addition to the practice in the appellate courts, appellate lawyers play important roles in the trial courts. Appellate lawyers collaborate with trial counsel on strategic and tactical matters to raise all applicable arguments and make the appropriate trial record, identifying and preserving legal issues as they arise and crafting effective motions on substantive legal issues – before, during, and after trial. 

Therefore, involving an appellate lawyer in a case as early as possible is important to ensure the best chance of success both at trial and on appeal.