Find Lawyers in Texas, United States 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.
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Cities
Civil procedure expert Alexandra Wilson Albright joined the firm full-time as a partner in 2017, after many years of dual service to The University of Texas School of Law and to the firm as of-counsel. Professor Albright’s career as a member of the faculty focused on federal and Texas civil procedure, and her service included many years’ as the school’s Associate Dean. Professor Albright is highly regarded as an expert in the rules of trial and appellate procedure and is Boa...
Doug Alexander is widely regarded as one of the premier advocates specializing in practice before the Supreme Court of Texas and is listed by Texas Super Lawyers as one of the Top 10 lawyers in Texas. Doug is the 2013 recipient of the Texas Bar Foundation's Gregory S. Coleman Outstanding Appellate Lawyer Award; was selected as the 2017 Austin Appellate Lawyer of the Year by Best Lawyers in America; and is listed in the Texas Lawyer Go-To Guide as one of five "Top-Notch Lawyers" in Texas for A...
Marisa Allen is board-certified in civil appellate law. As part of the strong team of trial attorneys at Martin Walker Law, her focus is getting justice and achieving exceptional results. Marisa is a diligent advocate for your rights. As a board-certified, trial-ready attorney, she will prepare your case with her eye on winning in the courtroom, not finding the speediest way to settle. When you have a tough legal problem, you want a tough attorney who will listen to you and get the job done. ...
Natalie Armour offers experience in trial and appellate matters involving mass torts, pharmaceutical and medical device litigation, and other types of products liability claims, personal injury matters and business litigation. A key member of the Issues and Appeals Section of The Lanier Law Firm in Houston, Ms. Armour has briefed appellate matters before the Texas Supreme Court, Texas Courts of Appeals, Fifth Circuit, Eighth Circuit, and Court of Appeals for the Eastern District of Missouri. ...
Marianne M. Auld is the managing partner of Kelly Hart and the chair of the firm's Appellate section. She has briefed and argued dozens of appeals in both state and federal courts of appeals. Ms. Auld began her career as a law clerk on the United States Court of Appeals for the Fifth Circuit. Following her clerkship, she joined Kelly Hart as an associate in the firm's litigation section, where she worked on a wide range of civil matters for clients including governmental entities and both pub...
In the last five years, Clayton Bailey has saved his clients approximately $500 million in potential exposure. His practice focuses on the litigation and trial of complex tort and commercial litigation matters. His experience includes handling contract disputes, business torts, RICO, ERISA, employment law, trade secrets, deceptive trade practices, fraud, breach of fiduciary duty, antitrust, Packers and Stockyards Act, and wrongful death. Mr. Bailey’s litigation experience also includes ...
Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, Jessica Barger has experience in both trial and appellate matters. In private practice, she has assisted in or handled all phases of litigation for a wide variety of clients involved in insurance defense and coverage, products liability, premises liability, personal injury, and commercial lawsuits in state and federal court. While at the Fourteenth Court of Appeals, she researched legal and factual issues, made...
Stephen Barrick began his career more than 20 years ago as a law clerk in Houston, Texas, where he worked at the federal district court. He later joined international firm Akin Gump Strauss Hauer & Feld, where he practiced trial and appellate law. Since 2008, Mr. Barrick has made his home at Hick Thomas LLP, where he focuses on business litigation and appeals. Mr. Barrick is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. He has earned selection to Texas...
Chad Baruch wrote one of the most acclaimed legal briefs in American history while representing what the New York Times called “a glittering array of hip-hop stars” in the United States Supreme Court. Lawdragon recently named Chad one of “The Leading 500 Lawyers in America.” Chad presently serves as the 85th Chair of the Board of the State Bar of Texas for the 2022-2023 year. The “Hip-Hop Brief” received national media coverage, including articles in the Ne...
Harvey Brown joined The Lanier Law Firm in 2019 following distinguished service as a District Judge in Harris County and as a Justice on the First Court of Appeals for the State of Texas. Judge Brown is selected to the list of Best Lawyers in America in the areas of Appellate Law and Commercial Litigation. Before his judicial service he was in private practice for more than 20 years, handling both trials and appeals. Judge Brown served on the First Court of Appeals bench from 2010-2018. Durin...
M. Michelle Carreras is a key member of the Issues and Appeals section of The Lanier Law Firm, handling complex appeals, briefings and research for trial. She has worked on a wide variety of cases, including mass tort, products liability, personal injury, business litigation and sports law litigation. She was a key member of the firm’s Pinnacle bellwether trial team that won a $1 billion combined jury verdict and a $502 million jury verdict in 2016. Those victories were recently ranked ...
For over two decades, Kirsten M. Castañeda has briefed and argued state and federal appeals and original proceedings that raise issues critical to businesses and industries across Texas and the nation. In pursuing appellate relief, she never loses sight of the fact that every appeal involves more than just the law. Learning a client’s business and ultimate goals allows Kirsten to craft legal arguments and strategy that serve not only the case at hand, but also the client’s ...
John H. Cayce, Jr. is the former Chief Justice of Texas’ Second Court of Appeals. During his fifteen years of public service as a state appellate judge, he sat twice as a Justice on the Supreme Court of Texas by appointment of Governors Bush and Perry and held various state-wide leadership positions within the judiciary, including Chair of the Council of Chief Justices. Prior to his election to the bench in 1994, Mr. Cayce had risen to prominence as one of the state’s top appellat...
R. Brent Cooper focuses his practice on commercial litigation, insurance litigation, and appellate practice. He has had significant experience in the representation of clients before federal and state trial and appellate courts, as well as in arbitration proceedings. He has tried numerous cases covering areas of business litigation, construction litigation, catastrophic personal injuries, complex litigation, intellectual property, constitutional and business tort cases. In his 35 years of pra...
Laura Dale is Board Certified in Family Law by the Texas Board of Legal Specialization. Her practice is concentrated in the area of family law involving high conflict divorce, high net worth property division, both domestic and foreign, property valuation, custody cases, international child abduction brought under The Hague Convention and complex multi-jurisdictional family law disputes. Ms. Dale is a Fellow of the International Academy of Family Lawyers and a USA Delegate on the Board of Gov...
Kevin Dubose has a BA in English from Rice University, and a JD from the University of Texas Law School. He began his career in a small litigation firm, primarily doing insurance defense work, and tried about 25 jury trial in his first 6 years of practice. He began specializing in appellate advocacy in 1985, first in a solo practice, then as the appellate specialist for a prominent plaintiff's personal injury practice. Since 1994 he has practiced in an appellate boutique environment. Kevin ha...
Robert Dubose graduated from Rice University magna cum laude in 1990 and Harvard Law School cum laude in 1993. He is Board Certified by the Texas Board of Legal Specialization in Civil Appellate Law. He is a past-chair of the Appellate Section of the Houston Bar Association. Robert handles appeals, with particular emphasis on insurance coverage, corporate governance, and commercial and contract disputes. He also works with clients and other lawyers on legal strategy before and during trial, f...
Elana S. Einhorn is a board-certified appellate lawyer with extensive experience working with judges in chambers and in using her deep understanding of Texas appellate courts on behalf of her clients. She knows what judges look for, the kinds of arguments they find most persuasive, and how to organize and frame legal issues for maximum impact. Elana has taught appellate advocacy to students at the University of Texas School of Law and appellate-opinion writing to new Texas judges. With her un...
For over a decade before joining ADJ Rachel Ekery served as staff attorney for Chief Justice Wallace B. Jefferson at the Supreme Court of Texas. Previously, Ekery was an associate at Baker Botts LLP in Dallas and a shareholder at Scott Hulse PC in El Paso, Texas, where she focused on business litigation and appellate matters. She earned her undergraduate degree, cum laude, from Duke University and her J.D., cum laude, from the University of Pennsylvania Law School, where she was an editor of ...
Craig T. Enoch returned to private practice after retiring from decades of service on Texas courts, where he decided complex civil matters as a Supreme Court Justice, Appellate Court Chief Justice and Trial Court Presiding Judge. Drawing on extensive knowledge of governmental workings and experience in resolving disputes, Justice Enoch assists businesses in navigating complex laws and regulations. He co-founded ENOCH KEVER to provide effective advocacy for businesses at their intersection wit...
Jeremy Fielding is a litigation partner in Kirkland’s Dallas office. He is an experienced trial lawyer, having tried dozens of complex commercial cases in state and federal courts, arbitrations, and other evidentiary proceedings across the country. Known for his energy, creativity, relentlessness and extraordinary ability to connect with and persuade a jury, Jeremy has been recognized as one of the top trial lawyers in America and Texas by Chambers & Partners, Super Lawyers, Benchma...
Wanda Fowler was a Justice on the Fourteenth Court of Appeals for almost 14 years before joining Wright Close & Barger, LLP as a partner. While on the Court she authored approximately 1900 opinions and decided approximately 3,800 more cases. In 2001, the other members of the Court elected her Acting Chief Justice for five months pending an appointment of a new chief justice and, in 2003, the Houston Chapter of the Texas Association of Civil Trial and Appellate Specialists voted her Appell...
Charlie Frazier’s successful argument before the Supreme Court of the United States is just one highlight in a distinguished appellate practice in both federal and state courts. For over 32 years, Charlie has assisted trial lawyers with legal strategy and handled appeals in variety of matters, including complex commercial disputes, insurance-related issues, and professional-malpractice claims. Charlie has argued many cases before the United States Court of Appeals for the Fifth Circuit ...
Marcy Hogan Greer is recognized for her work in federal and state trial and appellate courts throughout the country. Her practice consistently includes class action and mass tort cases, including federal and state multidistrict litigation. This experience contributed to her recognition in in Chambers USA: America’s Leading Lawyers for Business in Appellate Litigation, accreditation in Best Lawyers in America in Appellate, Bet-the-Company, and Commercial Litigation, and selection as the ...
David Gunn specializes in appeals. For the past two decades, he has done nothing but handle appeals, in both state and federal court, and on both sides of the docket. Although appeals once revolved around attorney oratory, today’s appellate courts do most of their work on the basis of written briefs, and a typical appellate judge has to read hundreds of those briefs every year. So David writes briefs that the reader will find both interesting and easy to follow. Since arguing his first ...
Eva Guzman is a groundbreaking figure, with an impressive history both as a litigator and as a judge. She began her legal career in Houston, managing a successful civil law practice for a decade before accepting gubernatorial appointments, first to the Harris County District Court bench in 1999 and then, in 2001, to the Texas 14th Court of Appeals, where she served for eight years, hearing both civil and criminal cases. In 2009, she accepted a third gubernatorial appointment, becoming the fir...
Board Certified in Civil Appellate Law, Russ Hollenbeck has extensive experience in both trial and appellate matters. In private practice, he has assisted in or handled all phases of litigation for a wide variety of clients involved in products liability, premises liability, personal injury, and commercial lawsuits in state and federal court. He has appeared and handled appeals before the various Texas courts of appeals, Texas Supreme Court, and the Fifth and Federal Circuit Courts of Appeals...
Wallace B. Jefferson served as Chief Justice of the Supreme Court of Texas prior to joining Alexander Dubose & Jefferson in 2013. Appointed to the Supreme Court in 2001 and named Chief Justice in 2004, Jefferson made Texas judicial history as the Court’s first African-American Justice and Chief Justice. He led the Court’s efforts to fund access to justice programs; helped reform juvenile justice; and inaugurated a statewide electronic filing system for Texas courts. During his...
Formerly a Justice on the Texas Court of Appeals, David Keltner is a highly acclaimed and recognized lawyer in the field of appellate law in Texas. He has served as lead counsel in over 300 appellate decisions and his legal writings have been cited with approval by Texas courts. He has been honored with various prestigious awards and accolades for his outstanding contributions to the legal profession. In 2021 and 2022, he was recognized as a Star Individual by Chambers USA and has received Ba...
Steve Knight is a Shareholder in the Houston Litigation group and Practice Chair of the firm’s Appellate Law section. Throughout his career, Mr. Knight has successfully represented clients at every phase of the appellate process, from handling critical phases of the trial to assure error preservation, through briefing and arguing appellate cases in the Texas Supreme Court, the Fifth Circuit Court of Appeals, and intermediate appellate courts throughout the state. Mr. Knight has prepared...
Brad M. LaMorgese is trusted and respected by his clients as a passionate advocate with the ability to analyze and balance competing interests in every matter he handles, from beginning to end. He is one of the few appellate family lawyers in Texas. During his nearly two decades in practice, he has achieved success in dozens of cases in Texas appeals courts and the Texas Supreme Court, as well as the U.S. 5th Circuit Court of Appeals. He has handled appeals involving all areas of Family Law, ...
Clients embroiled in bet-the-company appeals and high-stakes litigation call on Dana for the type of broad and deep experience that a savvy, experienced, and skilled appellate lawyer can bring. A board-certified appellate specialist, Dana is recognized as one of the premier appellate practitioners in the state, with particular expertise before the Fifth Circuit and the Supreme Court of Texas. A former Law Clerk for the Fifth Circuit and a former Staff Attorney at the Supreme Court of Texas, D...
Manuel López is a partner with Roach Newton, where his primary area of practice is appellate and commercial litigation. Manuel joined Roach & Newton in 2014. He has developed a constitutional practice to defend fundamental rights of businesses in discovery and trial. Manuel is a seasoned civil defense lawyer with over 21 years of experience. Manuel has an extraordinary ability to identify winning legal arguments and strategies. He has a proven history of superior results in appeals...
Melissa Lorber represents businesses in litigation at both the trial and appellate levels, in state and federal courts. She regularly represents clients before the Texas Supreme Court and the Texas Courts of Appeals, and has handled appellate matters before the United States Supreme Court as well as the Fifth Circuit Court of Appeals. As a former newspaper journalist, Melissa employs her writing, research, and investigation skills in advocating for her business clients' interests.
Shawn McCaskill is a member of the Godwin Bowman PC Appellate Section. Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, he is experienced in litigation support, appeals and original proceedings in business contracts and torts, insurance coverage, medical malpractice, product liability and premises liability cases in state and federal courts. Within the Firm, Mr. McCaskill chairs the Opinion and Audit Committee, and is a member of the Conflicts & Ethics Co...
Justice David Medina serves as a shareholder in Chamberlain Hrdlicka's commercial litigation section in both our Houston and San Antonio offices. Justice Medina received his Doctor of Jurisprudence degree from South Texas College of Law Houston in 1989 while working full time for Cooper Industries, Inc. and the Traveler's Insurance Company before that. He was a member of the ABA National Moot Court Team. Justice Medina also earned academic recognition as a member of the Dean's List. After gra...
Raffi Melkonian has extensive experience nationwide in both trial and appellate matters, briefing and arguing dozens of appeals in federal and state courts of appeals around the United States. Additionally, Mr. Melkonian maintains an active practice in the United States Supreme Court, which includes both merits and amicus briefs. In 2019, he briefed and argued Fort Bend v. Davis, where his client prevailed in a 9-0 decision written by Justice Ruth Bader Ginsburg. The Firm later successfully r...
Bryan Neal focuses his practice on labor and employment law, civil appellate law, school law, and civil rights matters. He represents management in labor and employment law matters in all aspects of administrative, trial, and appellate work, as well as counseling, with specific expertise in employment appeals. Bryan also handles civil appellate matters in all areas and represents public and private schools and governmental entities in various matters. He is Board Certified in both Labor and E...
Shelby O'Brien is a Board Certified Civil Appellate attorney who litigates at the trial and appellate levels. Insight she gained as a staff attorney for the Texas Supreme Court now enables her to better serve clients in their disputes before the courts. As a former attorney for the Texas Legislative Council, Shelby also assists clients in policy matters by researching and drafting legislation and legislative memoranda.
Eileen is a former state trial judge who tries and appeals cases in state and federal courts for both plaintiffs and defendants. She brings a unique perspective to litigation problem-solving, having served during her career as an advocate, judge, arbitrator and mediator. Eileen also has the benefit of having sustained both substantial trial and appellate practices for 30 years. As a result, she not only knows how to try a case to win, but does so with an informed view of how to keep (or rever...
Jack O'Neill has been trying large complex cases for over 45 years. His experience in the courtroom involves many cases that have been widely publicized. Mr. O’Neill was co-trial counsel for UPR, Inc. in its attempted takeover of Pennzoil. He was lead counsel for Mitchell Energy Corporation in the company’s effort to overturn a $204 million judgment rendered against the company in a case tried for the company by another law firm. On appeal, argued by Mr. O’Neill, the case wa...
Cynthia Eva Hujar Orr has attained national prominence defending citizens and entities in state and federal trial and appellate courts. She has earned the profound respect of her colleagues who elected her to Chair of the American Bar Association (ABA) Criminal Justice Section in 2014.Cynthia served as President of the National Association of Criminal Defense Lawyers from 2009-2010, President of the Texas Criminal Defense Lawyers Association in 2003, and became the first President of the San ...
Richard Orsinger is one of the highest-rated attorneys in Texas, offering a dual board certification in both Family Law and Civil Appellate Law. He was recognized in 2011 and 2012 as Lawyer of the Year in Family Law in Dallas by Best Lawyers. As the third-highest vote-getter in the Texas Super Lawyers survey, Orsinger earned a spot on the list of "Top 10 Lawyers in Texas" from 2009-2010 and from 2012-2014. He was also named the "Top Family Lawyer in Texas" in the 2007 Go-To Guide published by...
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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.
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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.