Appellate expertise is crucial during litigation. Although most lawsuits are resolved at the trial court level, many proceed to judgment and then appeal. In addition, while a case is still pending in the trial court, it may be necessary to file petitions for extraordinary relief in the appellate courts to challenge orders that are not immediately appealable. Moreover, some cases proceed to a second level of review at the Supreme Court. The stakes are high in appeals because when an appellate court publishes a decision, it sets precedent. Appellate courts make law for litigants, lawyers, and trial court judges. An appellate decision also becomes “law of the case,” governing further proceedings between the litigants.
Lewis Brisbois’ National Appellate Attorneys
The attorneys who comprise Lewis Brisbois’ national Appellate Practice handle matters in federal and state courts coast-to-coast, including in the Supreme Court of the United States. These experienced and accomplished lawyers, several of whom are board-certified in appellate law, practice in all of our major markets and are familiar with local appellate court customs and procedures. They have generated hundreds of published appellate opinions as well as thousands of unpublished decisions, consistently securing significant victories each year in jurisdictions throughout the country. Indeed, few full-service law firms have as many certified appellate specialists or as large an appellate practice as Lewis Brisbois.
Lewis Brisbois’ national appellate attorneys have honed, over several decades, the specialized skills that this area of law requires, including evaluating trial records, writing effective briefs, analyzing and framing factual and legal issues in light of the appellate standard of review, conducting legal research, and presenting oral argument. These lawyers regularly handle a wide variety of civil appeals and extraordinary relief proceedings across many areas of law, including: class action and mass tort, commercial litigation, construction, elder law, employment, healthcare, insurance coverage and bad faith, products liability, intellectual property, toxic torts/environmental litigation, and many others.
Litigation Advice & Support
The members of our Appellate Practice also regularly serve in an advisory capacity by consulting with clients, trial counsel, and attorneys in other practice groups regarding matters such as interlocutory appellate remedies, jury instructions, in limine motions, expert voir dire, issues of law, and preservation of the record. We are also available to serve as embedded appellate counsel at trial for our clients, and have done so in many significant, high exposure cases. When there is an adverse judgment, our appellate specialists frequently consult on possible post-trial motions and prospective appeals, including providing detailed analysis and recommendations regarding possible outcomes on appeal as well as the risk, benefit, and expense of pursuing an appeal. Throughout this process, we remain conscious of the potential that a case will create a precedent for our client and perhaps for an entire industry.
Lewis Brisbois’ Certified Appellate Specialists
The following attorneys in our Appellate Practice hold state bar appellate certifications:
W. Eric Blumhardt - Certified by the State Bar of California’s Board of Legal Specialization as an Appellate Law Specialist;
Caroline Chan - Certified by the State Bar of California’s Board of Legal Specialization as an Appellate Law Specialist;
Kathryn Ender – Recognized by the Florida Bar as Board Certified in Appellate Practice;
Sean Higgins – Certified by the Texas Board of Legal Specialization as a Civil Appellate Law Specialist;
Lann McIntyre – Certified by the State Bar of California’s Board of Legal Specialization as an Appellate Law Specialist;
Jeffry Miller – Certified by the State Bar of California’s Board of Legal Specialization as an Appellate Law Specialist; and
Roy Weatherup – Certified by the State Bar of California’s Board of Legal Specialization as an Appellate Law Specialist.