Find Lawyers in Tallahassee, Florida for Appellate Practice
A formidable appellate litigator, Kathi Giddings has represented companies in numerous high-stakes civil and administrative appeals and bar ethics issues in state and federal courts nationwide. She has twice been named “Lawyer of the Year” for Appellate Practice by Best Lawyers in America and is ranked one of the “Top 250 Women in Litigation in the United States” by Benchmark Litigation . Chambers USA notes that she “is regarded as one of the premier appellate at...
M. Hope Keating handles appeals for clients in both state and federal courts. Her areas of representation include all aspects of civil and administrative law. She also provides litigation support during all stages of litigation in all facets of law. Hope regularly advises a myriad of health care facilities and providers on a wide array of complex and practical regulatory matters such as licensure, medical records, end-of-life issues, patient discharge, contracts, and Medicare and Medicaid cer...
Recognized by The National Law Journal in 2006 as one of the "100 Most Influential Lawyers in America," Barry Richard has been identified as a lawyer with the power to "shape public affairs, launch industries, shake things up and get things done." He is listed as a top litigation and appellate lawyer in Chambers and Partners USA Guide , four and three years running, respectively. Barry, who was selected as one of two National Law Journal "Lawyers of the Year" in 2001, has been noted for his "...
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.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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