In addition to its litigators’ extensive trial court experience, we developed a streamlined and efficient methodology for successfully handling appeals.
Given the complex issues that typically arise in any business litigation, and the fact that novel legal issues that may arise during the course of any case, major issues in many disputes are won and lost on appeal.We regularly handle appellate applications, or the defense of an adversary’s appeal, on both the state court and federal court level. Our firm’s success in this area has led to a number of trial court decisions being overturned and has provided significant leverage for our clients to settle contentious disputes. We not only represents current clients with respect to appeals of issues in their matters, but also represents new clients who were unable to achieve an a desired result, and are now seeking new counsel to challenge the unfavorable decision before a higher court.
Typical services rendered in connection with our appellate representation are as follows:
- Meet with client and evaluate the appealable issues in the case
- Review motions filed by lawyers in trial court, because they tend to identify the important issues
- Review trial hearing and deposition transcript(s)
- Conduct research to assess the strength of the issues raised at trial
- Write an ‘issues memo’ after the research and analysis, and consult with the clients as to the most promising appellate issues
- Prepare appellate briefs and appendices in accordance with local rule
- Present oral argument before the appellate court/panel, when required
- Manage post-hearing steps and interim procedural matters
If you believe that you have grounds for an appeal or generally need advice or assistance in connection with appellate practice, M&K’s litigation team offers an initial free consult to discuss the terms of such representation.