Find Lawyers in District of Columbia, 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.
Michael Huston counsels clients in high-stakes litigation matters, with a particular focus on crafting winning appellate strategies. He is also sought after for his deep knowledge of administrative law. Michael’s representations are informed by his experience in the Office of the Solicitor General at the U.S. Department of Justice (DOJ), where he represented the federal government before the Supreme Court of the United States. As an Assistant to the Solicitor General, Michael argued nin...
Stephen B. Kinnaird is a partner in the Litigation practice of Paul Hastings and co-chair of the Appellate practice. He is based in the firm’s Washington, D.C., office. He has represented clients in numerous cases in the United States Supreme Court, the federal courts of appeals and district courts, and state appellate courts. A highly experienced appellate lawyer, Mr. Kinnaird has handled matters involving energy, transportation, intellectual property, antitrust, environmental, telecom...
Deanne E. Maynard, chair of the Appellate and Supreme Court Practice Group, is a partner in the Washington, D.C. office, and a former Assistant to the Solicitor General at the United States Department of Justice. Ms. Maynard has argued 13 cases before the Supreme Court of the United States, and she has filed over 100 briefs in that Court. Her Supreme Court arguments include prevailing for the respondent in RadLAX Gateway Hotel, LLC v. Amalgamated Bank , an important bankruptcy case involving ...
Andrew Lyonsberg focuses his practice on litigation in the Supreme Court and appellate courts across the country, as well as major motions at the trial-court level. He has briefed more than fifty appellate matters and dispositive motions, and has argued before the US Courts of Appeals for the Fifth, Sixth, and Seventh Circuits. Andrew also has extensive experience with agency litigation under the Administrative Procedure Act, including several recent victories setting aside federal agency act...
Sameer P. Sheikh is an associate in the Fintech & Payments and Investigations & White Collar Defense practices. He is based in the Washington, D.C. office. Mr. Sheikh is a litigator and trial attorney whose clients are individuals and companies in both the financial services and venture capital industries. Whether he is counseling an emerging growth company or a venture investor, Mr. Sheikh takes pride in developing business-minded strategies and solutions to complex legal and regulat...
Julie M.K. Siegal is a partner in the Washington, D.C. office of Kirkland & Ellis LLP. Her practice focuses on appellate litigation, complex trial litigation, and strategic counseling. Her litigation experience spans a wide range of subject matters, including constitutional law, contract, intellectual property, antitrust, administrative law, and the False Claims Act. Julie also maintains an active and diverse pro bono practice. Before joining Kirkland, Julie served as a law clerk to Chief...
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