Find Lawyers in Tampa, Florida for Appellate Practice
James E. Felman is listed in THE BEST LAWYERS IN AMERICA for white-collar criminal defense, non-white-collar criminal defense, and appellate law, in LEADING AMERICAN ATTORNEYS for criminal defense law, in FLORIDA LEGAL ELITE for criminal law, and in FLORIDA SUPER LAWYERS for Criminal Defense: White Collar practice. He was awarded the 2006 George C. Carr Memorial Award for excellence in federal practice and distinguished service to the Federal Bar. Mr. Felman is a graduate of Wake Forest Unive...
Kimberly A. Mello is a member of the firm's National Appellate Practice. She has briefed and argued dozens of appeals in state and federal court, including the Florida Supreme Court, the U.S. Court of Appeals for the Eleventh Circuit, and Florida's District Courts of Appeal. In addition to focusing on appellate matters, Ms. Mello has extensive experience briefing complex legal issues at the trial court level during both the pre-trial and post-trial phases. She regularly consults with trial la...
Gary Sasso represents business clients in securities fraud and consumer fraud class actions and other complex litigation at the trial and appellate level, in the financial services industry, energy sector, products manufacturing industry, and services sector. Mr. Sasso has tried cases in the areas of securities fraud, business contracts, products liability, professional malpractice, employment discrimination and termination, eminent domain, bankruptcy, construction, administrative law, and la...
Katherine Earle Yanes was born in Los Angeles, California. She graduated from Williams College, magna cum laude, with honors in economics, in 1993. In 1997, she graduated from Stetson University College of Law, magna cum laude, as valedictorian of her class. She was an associate member of the Stetson Law Review. Following law school, Ms. Yanes served as a law clerk to Chief Judge Elizabeth A. Kovachevich, United States District Court for the Middle District of Florida. Since 1999, she has rep...
Melanie Kalmanson represents business and individual clients in all phases of litigation in state and federal court, including pre-suit case evaluation, motion practice, appeals, and post-judgment collection activity, in disputes involving contracts, negotiable instruments, and tort actions. She takes a pragmatic approach toward every dispute to efficiently and effectively obtain the best available outcomes while managing risk.
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.
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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.
Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
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