Find Lawyers in Raleigh, North Carolina for Appellate Practice
Practice Area Overview
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.
Julia Ambrose provides transactional and regulatory counsel to media companies navigating the rapidly-changing video programming industry. She is also an experienced litigator, well-versed in commercial and constitutional litigation in all levels of state and federal trial and appellate courts. Technology is evolving rapidly, but the laws and regulations governing broadcast television have not always kept pace. Julia has significant experience helping media companies and broadcast trade assoc...
Angela Farag Craddock is a partner at Young Moore, focusing her practice on helping businesses and institutional clients navigate civil litigation, state administrative litigation, and appeals. She leads the firm’s Appellate Practice and is a member of the Transportation and Logistics, Workers’ Compensation, and Insurance Regulation Practice groups. She also helped to spearhead formation of Young Moore’s Diversity & Inclusion Committee as its inaugural Chair and has been...
Eric David focuses his practice on business litigation, constitutional litigation, and media and communications law. Eric represents businesses, public agencies, and individuals in high-stakes litigation in federal and state court, and especially the North Carolina Business Court. A seasoned litigator, Eric represents large and small businesses in complex litigation, particularly in federal court and the North Carolina Business Court. Eric has experience in a myriad of matters, including trad...
Noah H. Huffstetler, III is the managing partner of Nelson Mullins Riley & Scarborough’s Raleigh office. He practices in the areas of healthcare law, administrative law, and business and appellate litigation. Mr. Huffstetler is a lecturer in healthcare law, having participated in programs sponsored by the North Carolina Bar Association, the North Carolina Hospital Association, the North Carolina Medical Society, and the Duke University Graduate Program in Healthcare Administration.
A member of Manning Fulton's litigation section, Michael T. Medford has more than 37 years of experience representing clients in a broad range of complex commercial litigation and insurance disputes. His practice focuses on complex business litigation involving shareholder and partnership disputes, disputes relating to the purchase and sale of businesses, business and legal malpractice claims, lending disputes, employment disputes, securities law disputes and insurance coverage and procuremen...
Ken Soo’s areas of practice include public school law, employment law and civil litigation. He received his law degree with honors from the University of North Carolina at Chapel Hill in 1991. During law school, he was a note editor for the North Carolina Law Review. Mr. Soo completed his bachelor’s degree in comparative area studies at Duke University. Mr. Soo’s first career was as a wire service and newspaper reporter in Ohio, North Carolina and Florida, including stints w...
Judson A. Welborn, a member of Manning Fulton's litigation section, concentrates his practice in the areas of real property litigation, construction litigation and business litigation. He has extensive experience representing clients in the state and federal courts of North Carolina, as well as administrative agencies and arbitration forums, in a variety of litigation matters involving real property and title insurance disputes, construction disputes, franchise, taxation and other business di...
Patrick Cross counsels media and broadcasting clients of all sizes on a myriad of issues involving FCC regulatory compliance, FCC enforcement matters, programming, technical matters, and ownership issues. He also represents broadcasters and individuals in resolving intellectual property disputes both outside of and in state and federal courts. He represents media and broadcasting companies and radio and television stations in resolving issues regarding FCC regulatory compliance, FCC enforceme...
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