Find Lawyers in Fort Worth, Texas 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.
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 ...
John H. Cayce was Chief Justice of the Second Court of Appeals from 1995 to 2009. While on the court of appeals, he authored more than 2000 legal opinions and led the court in making reforms that established it as one of the most efficient and respected intermediate appellate courts in the state. In addition to his service on the court of appeals, Chief Justice Cayce was commissioned by the Governor of Texas on two separate occasions to serve as a Justice on the Texas Supreme Court. Following...
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. From 2021 through 2024, he was recognized as a Star Individual by Chambers USA and has recei...
Jody S. Sanders obtains his clients’ goals by telling their stories and legal arguments through concise, well-written legal briefing and informative and persuasive oral presentations. His effective legal writing has been recognized by his clients, colleagues, co-counsel, and opposing counsel. He also ensures the best outcome by preparing strategies that bring success in litigation and throughout the appellate process—whether in state or federal court. His approach focuses on ident...
Ms. Beckworth represents corporate and individual clients in state and federal courts in a variety of matters, including complex commercial disputes, business torts, fraud, breach of contract actions, employment matters, oil and gas litigation, and indemnity and insurance disputes. Ms. Beckworth has extensive experience with all stages of litigation, from pleading through discovery, motion practice, trial, and appeal, and has participated in civil trials in state and federal courts, arbitrati...
Jacob deKeratry is an associate who practices in the firm’s Appellate and Litigation departments. He graduated magna cum laude from Baylor University School of Law, where he also served as the Articles Editor for the Baylor Law Review. He earned his B.A. in Government and Philosophy with cum laude distinction from Georgetown University in Washington, DC. Before joining the firm, Mr. deKeratry was a law clerk for the Honorable Priscilla R. Owen at the United States Court of Appeals for t...
Caitlyn E. Hubbard is a partner in the firm’s Appellate and Litigation sections. She has presented and defended cases in state and federal courts of appeals in Texas. Before joining the firm, Ms. Hubbard served as a law clerk to the Honorable Priscilla Owen at the United States Court of Appeals for the Fifth Circuit. Ms. Hubbard achieved her J.D. with high honors from the University of Texas School of Law. Her exceptional academic performance led to her acceptance into the 2015 Chancell...
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