Find Lawyers in Maryland, United States for Appellate Practice
John J. Connolly represents individuals and business entities in civil litigation and appellate matters. He focuses in particular on representing lawyers and law firms in legal malpractice claims, disciplinary proceedings, and ethical disputes. John has represented individuals and businesses in business torts, insurance coverage disputes, securities and consumer class actions, employment disputes, and a variety of common law contract and tort actions in federal and state courts. John has also...
J. Bradford McCullough is a commercial and business litigator and appellate attorney at Lerch, Early & Brewer in Bethesda, Maryland. Brad represents businesses and individuals in a wide variety of cases in federal and state trial and appellate courts, as well as before arbitration panels and in mediation proceedings. Brad is known for taking on complex and challenging business and commercial disputes on behalf of clients from a broad range of industries. He handles shareholder’s der...
William J. Murphy is held in high esteem by his clients, some of whom have described him as a “brilliant tactician” with a clear command of financial matters, while others have remarked on his “calmness that exudes confidence and works exceptionally well in the courtroom. An experienced trial lawyer, Bill has tried civil and criminal cases to verdict in state and federal courts, represented clients in commercial arbitration, and argued numerous appeals in courts around the c...
Stanley Reed is an attorney who heads Lerch, Early & Brewer's Litigation group in Bethesda, Maryland. His diverse law practice includes the representation of individuals and corporations in complex civil and employment litigation, white-collar criminal defense work, and the representation of lawyers and health care providers in professional responsibility matters. Stan also is noted for his adept handling of politically sensitive cases, grand jury investigations and parallel proceedings. ...
Stephen Rigg joined Janet, Janet & Suggs, LLC after several years of representing individuals and companies at all stages of litigation. At JJS, his practice focuses on representing victims with complex cases requiring extensive pre- and post-trial proceedings. Stephen has brought to JJS his experience ranging from massive civil rights class actions to permitting disputes. In law school, Stephen served as a research assistant for several notable professors, including Donald G. Gifford and...
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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