Duane Morris LLP - Appellate Practice

Appellate Practice

Often the end of a trial is not the end of the case but the beginning of the appellate process. Our appellate lawyers regularly handle appeals at all levels of the federal and state court systems. We have successfully handled hundreds of appeals and writ proceedings, including cases involving hundreds of millions of dollars in liability and significant issues resulting in leading appellate decisions.

The Appellate Practice represents clients directly in the appellate courts and also assists trial counsel in unfolding matters in the trial courts involving significant appellate issues. Whether seeking to preserve a hard-fought legal win or seeking to overturn an adverse jury verdict or court decision, our appellate lawyers draw on years of substantive legal knowledge and appellate procedural experience to further our clients' interests.

When it is likely a case is heading for the appellate courts, that is the time to bring in appellate counsel to work with trial counsel in positioning the case as favorably as possible for the expected appeal.

The Role of Appellate Lawyers in Litigation

Lawyers versed in practicing before appellate courts are adept at identifying errors and omissions in the trial record. Their focus is not on retrying a case. Rather, they focus on re-packaging trial arguments for success in the appellate court. While trial lawyers strive to create a persuasive factual record through the discovery and introduction of evidence to support their client's position, our appellate lawyers tailor the issues and arguments to increase the likelihood that a case will be accepted for review or prevail on appeal.

While trial lawyers must of necessity focus on the facts, appellate lawyers focus on the law. Appellate lawyers can play a valuable role in making certain that controlling legal issues not only are identified but also framed properly and preserved for later appellate review, even while the case still is pending in the trial court.

The procedural rules for appellate courts differ substantially from those of trial courts. Lack of familiarity with these rules can spell serious trouble for the inexperienced lawyer. It is a specialized area, and adeptly navigating the procedural rules can prevent cases from getting bogged down and, more importantly, avoid forfeiting of appellate rights because of failure to comply with often technical rules.

Appellate Advocates

Advocacy before an appellate court is different from trial advocacy. Our appellate lawyers have the sharp analytical, brief writing and oral advocacy skills that are required for effective representation of our clients on appeal. While oral advocacy is the main method of persuasion at trial, written advocacy plays a predominant role in the appellate courts. In addition, oral advocacy before an appellate court has a different focus from oral advocacy at trial.

We handle appeals of varying degrees of complexity in virtually all areas of substantive law and legal procedure, from writ proceedings involving a single pretrial motion to appeals involving some of the largest and most complex civil jury trials in the nation.

We also frequently appear as amicus curiae on behalf of individual clients or industry groups. Such "friend of the court" briefs provide an important opportunity for clients to be heard on cases and issues that affect their interests.

Appellate issues we have advocated on appeal include areas of constitutional, intellectual property, federal administrative, environmental, antitrust, municipal, government contracts, employment and labor, insurance coverage, land use and zoning, food and drug, products liability, tax and commercial law. In addition to handling appeals and writs, our appellate group works with clients and trial counsel to plan and prepare for possible appeals, to evaluate the merits and likely outcome of appeals after trial, and to prepare post-trial motions. Our role is to complement the efforts of trial attorneys. Involving appellate counsel during trial court proceedings is often crucial to framing the issues and positioning the case for a successful appeal. Our understanding of the complex appellate process has been a key to the growth of the firm's vibrant appellate practice.

If Duane Morris is your trial counsel, rest assured that your firm has the experience necessary at both the trial and appellate levels. If Duane Morris is not your trial counsel, the addition of our appellate lawyers can provide invaluable insight and guidance to your current legal team.

Counsel and Litigation

Appeals and writs

Evaluate cases and assess likely outcome
Identify issues and prepare record for appeal, in consultation with trial counsel
Prepare briefs
Present oral argument
Request or oppose further review in state supreme court or U.S. Supreme Court
Prepare or oppose writ petitions for immediate relief from trial court rulings

Trial Consultation and Post-Trial Motions

Assess cases and provide second opinion before and during trial
Devise strategy for cases of first impression and cases involving significant exposure
Craft strategy for pretrial and trial proceedings, special jury instructions and trial briefs to frame issues and record for appeal
Prepare post-trial motions for new trial or motions for judgment notwithstanding the verdict

Tracking and Shaping Emerging Case Law

Monitoring decisions affecting clients' interests
Prepare amicus curiae briefs presenting clients' positions
Request publication or depublication of appellate decisions

For More Information

For more information, please contact Robert L. Byer or any of the practice members referenced in the Attorney Listing.