Find Lawyers in Detroit, Michigan for Appellate Practice
Phil DeRosier has nearly 20 years’ experience representing industry-leading corporations, banks, insurance companies, and individuals in the Michigan Supreme Court, Michigan Court of Appeals, and U.S. Courts of Appeals. Phil has briefed and argued a wide variety of appeals, ranging from commercial contracts to insurance to business torts. He also devotes a significant part of his practice to briefing dispositive motions and working with trial counsel on pre- and post-trial motions, jury...
Steve is unique: he combines extensive experience in complex litigation with extensive experience in complex business transactions. As a result, he brings a business perspective to commercial litigation, and a litigation perspective to commercial transactions. He has litigated employment disputes (in court and in arbitration), insurance disputes (on behalf of insurers and insureds), real estate disputes (on behalf of sellers, purchasers, lessors, lessees, mortgagors and mortgagees), corporate...
With a practice focus on Appellate and Commercial & Business Litigation, Scott Hamilton has first-chaired more than 20 federal and state bench and jury trials and argued over 30 cases in the United States Court of Appeals for the Second, Sixth and Tenth Circuits, Michigan Supreme Court and Michigan Court of Appeals. With a strong background in Insurance & ERISA Litigation, Scott has represented large insurers in dozens of ERISA benefits actions in trial court and on appeal and has rep...
Joanne Geha Swanson has more than 30 years of experience as a litigator and appellate attorney. Her civil litigation practice primarily involves complex commercial disputes, antitrust, class actions, business torts, legal malpractice and other related matters. Joanne also devotes a significant percentage of her professional time to state and federal appellate practice involving issues across the spectrum of subject areas, including insurance disputes, constitutional challenges, questions of s...
Morley is a widely-respected advocate and counselor. He has extensive experience in a variety of business disputes in courts and tribunals across Michigan. Best Lawyers In America® has named Morley as Appellate "Lawyer of the Year" in Detroit for 2016. Morley's litigation practice has encompassed trials, arbitrations, and appeals in contract, real estate, probate, securities, automotive, bankruptcy, municipal, insurance, legal malpractice, intellectual property, and employment cases. He h...
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.