Legal Services
Strategic Evaluation
Skilled appellate counsel offers a fresh perspective.
By the time an appeal is considered, those involved at the trial level often find themselves entrenched with strong views regarding the justness of their cause and the merits of particular arguments. Battle scars incurred during the litigation may also lead lawyers and their clients alike to lose a measure of objectivity when evaluating the strengths and weaknesses of a case. Issues that were the central focus of trial may not present the best avenue for success on appeal; in fact, it may prove that less-scrutinized arguments made at trial (yet adequately preserved) provide the most compelling grounds on appeal.
A central role of an appellate lawyer is to provide an independent perspective on the merits of a case and the suitability of an appeal. Michael offers such a perspective to clients at all stages of litigation, from pre-suit investigation to the advisability of appealing a final judgment.
Trial Support
A judgment is only as strong as its supporting record.
Trial lawyers focus on obtaining favorable jury verdicts for their clients. Equally as important as a favorable verdict, however, is an evidentiary record that withstands the scrutiny of higher courts.
Judgments must be supported by competent evidence for each material element of the asserted claims. The failure to adduce sufficient evidence in support of your claims, or to preserve legal error(s) committed at the trial level, can prove fatal to subsequent efforts on appeal and result in an unjust outcome. Appellate practitioners can serve an important role as a member of a legal team, and many trial lawyers are discovering the value of engaging an appellate specialist at the outset of litigation.
Michael often serves as co-counsel at the trial level where, among other things, he is tasked with (1) handling substantive motion practice, both pretrial and post-judgment, (2) preparing and arguing the jury charge, and (3) assisting in the preservation of key legal arguments in the event an appeal ensues.
Brief Writing
A well-crafted brief is the bedrock of a successful appeal.
Appellate lawyers spend little time in direct contact with the judges who ultimately decide the case. Written briefs are therefore crucial in establishing the credibility of arguments that are advanced on appeal.
Unlike at trial, where a jury often serves as the ultimate decision-maker, appellate briefs are presented to judges with a strong interest in probing the intricacies of the law, an audience that expects polished briefs carefully setting forth all pertinent authorities and arguments relevant to the issue(s) presented. And unlike the trial level—where the court may become familiar with the facts over a period of time through a series of motions, hearings, and witness testimony—an appellate brief presents a new opportunity to frame the case.
Quality briefing is paramount to the success of any appeal. Winning briefs are well-researched and informative, persuasive writing tailored to a unique audience. Briefs that fail to address potentially adverse precedent, or that fail to clearly explain why the trial court’s ruling should be upheld or overturned, inhibit the court’s ability to reach a just result for the client.
Michael specializes in distilling complex issues in a manner than an appellate audience will find both understandable and persuasive.
Oral Argument
Appellate advocacy is an art form.
Although a well-written brief is the key to success on appeal, oral argument still serves an important role. Written briefs provide the court with a fundamental understanding of the merits, yet judges frequently have unanswered questions that must be addressed before a final opinion issues.
Because an appellate decision may create new (or clarify existing) precedent, judges are often concerned with how adopting a particular legal position will reach beyond the case at hand and impact future rulings. These broader concerns require a lawyer to anticipate and prepare for a seemingly endless number of questions that may be raised during oral argument. Effective oral advocacy demands a firm mastery of the applicable legal precedents, both favorable and unfavorable, as well as an appreciation of the weaknesses of the case that will likely be the subject of the panel’s probing questions.
Michael diligently prepares for oral argument by anticipating potential questions and crafting truthful and straight-forward answers that advance the ultimate interests of the client.