PRACTICE AREAS   > APPELLATE

Business and Corporate | Construction | Real Property | Appellate | Litigation and Dispute Resolution | Land Use and Zoning


Disputes that result in litigation often result in appeals as well. However, the ins and outs of appellate work differ significantly from that of trial work or any other type of legal representation. As recognized by United States Court of Appeals Judge Ruggero J. Aldisert in his book, Winning on Appeal:

Appellate advocacy is specialized work. It draws on talents and skills which are far different from those utilized in other facets of practicing law.... The appellate lawyer [like the trial lawyer] is still a salesperson, but the lawyer carries a different sample case…. Too many lawyers fail to make this adjustment. Indeed, too many lawyers do not even realize that an adjustment has to be made.

Some of the major differences between trial and appellate work include:
 

  • The appellate court is reviewing the propriety of a decision already made, not making an initial decision, and the level of deference given to the decision at the trial level can substantially impact the outcome on appeal.

  • While oral advocacy skills are important, it is most essential that an appellate attorney to be a good writer, skilled in advocating through his or her written work product.

  • Appellate attorneys must be experienced in dealing with judges (not juries) who will have read the written briefs filed with the court, and who will be well informed about the issues, long before the attorneys ever speak a word.


With experience handling appeals while the trial proceedings are still ongoing, at the conclusion of the trial court proceedings, and in connection with post-judgment issues, we stand ready to provide appellate representation throughout every phase of the litigation process. In addition, we are available to provide trial support services, whereby we assist trial counsel with everything from making the necessary arguments and objections, to preserving issues for appeal and presenting complex legal arguments directly to the trial court.

Whether you're looking for someone to take on the role of lead appellate counsel or to offer guidance from the sidelines, we look forward to becoming the team you trust.

 

Business and Corporate | Construction | Real Property | Appellate | Litigation and Dispute Resolution | Land Use and Zoning

 

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9155 S. Dadeland Blvd., Suite 1408, Miami, FL 33156
Telephone: 305-445-2005 / Toll Free: 877-783-4811 / Facsimile: 305-575-1677

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