Why It is Advantageous to Use Appellate Attorneys for Cases on Appeal
Appellate practice requires skills distinct from trial practice. The development of issues for appellate consideration requires a different perspective from the points raised in litigation. Depending on the level of appellate court and the composition of the appellate bench, it’s often advantageous to have a fresh review of the record to identify those issues that will be of interest to a particular court and to present the ramifications of the case in the most persuasive fashion. At the appellate level, competent brief writing is essential to present the main points with clarity and logic that strikes a chord of justice. States’ highest courts and federal appellate courts are frequently concerned with the policy consequences of a decision and this a topic not generally addressed at the trial level. The benefits of using experienced appellate counsel as the primary attorney or as a consultant can greatly enhance the potential for success.
This webinar will cover:
- How to best analyze and identify the strongest points for appellate development
- Key considerations in drafting an appellate brief
- The value of editing and understanding modern judicial legal-writing preferences
- How to best prepare for oral argument
- Persuasive presentation techniques for oral argument
- How to best involve your client during preparation of an appellate case
Annette G. Hasapidis, Esq., Attorney
Hasapidis Law Offices
- Appellate Counsel – The Difference
- Appellate Courts vs. Trial Courts
- Appellate Costs – The Cost Effectiveness of Retaining Appellate Counsel
- Appellate Costs – The Record
- How Many Attorneys Does it Take To Write A Brief?
Mangan Ginsberg LLP
- Different Skills of Appellate Lawyer v. Trial Lawyer: Appellate advocacy requires a skill set different from that of the trial lawyer in that appellate lawyers must bring to life a cold appellate record as opposed to developing a record in a dramatic atmosphere before a jury and live witnesses.
- Knowing Your Audience: Communication style is a key difference between trial advocates and appellate advocates as the appellate advocate attempts to persuade a panel of experienced judges applying legal rules to fixed facts whereas the trial lawyer must instead persuade a jury of lay people as to what the facts are based on common sense.
- Scope of Review and Issues Raised on Appeal: The appellate lawyer, unlike the trial lawyer must deal with the scope of review and limited to those issues that can be heard by the appellate court.
Harris Beach, PLLC
Major differences between briefs to the trial court and to the appellate court
- Statement of Facts
- Questions Presented
- Number of arguments presented
- Authorities courts are most interested in
- Appropriateness of public policy arguments
Harris Beach, PLLC
- Important to craft three main points that are emphasized in your brief and will resonate with the judges during oral argument. Too many issues will weaken the strength of your case and lead to questioning that will waste your precious oral argument minutes.
- Develop a theme that will be of interest to the particular court handling your case. If it is the State’s highest court, think about the policy ramifications of your client’s position. Such courts are not solely interested in the resolution of your case; they are concerned with how the rule in your case will affect future similar cases. Experienced appellate attorneys know to take a broad view of the issues being raised in order to present the issues and requested outcome in a fashion of most interest to the court.
- Avoid the use of long string cites in briefs that break the flow for the reader. If there are several important cases relevant to your point, discuss them in sentence form.
- Study the record and keep a list of pertinent record references. Judges will test your knowledge of the record regarding disputed issues and will expect you to give them specific record references in support of your contentions.
- Do not repeat a judge’s question as part of your answer; better to take a second or two to gather your thoughts than to parrot back the inquiry.
- Always answer the question presented; do not indicate that you will get to that point later in your argument because you will most likely not reach it and you have alienated that judge.
Dickinson Wright PLLC
- The ability of appellate counsel on appeal to bring fresh insight/perspective to issues involved at trial, as well as specialized knowledge of appellate procedure, including such things as determining finality of judgment, exceptions to finality (e.g., appeals from injunctions, the collateral order doctrine, denials of qualified immunity, etc.), error preservation, when are bonds for appeal necessary the circumstances under which cross-appeal may be necessary, and similar “traps for the unwary.”
- The use of appellate counsel to consult during trial to assure proper error preservation, and to shore up favorable trial court rulings to defend on appeal (e.g., motions in limine, jury selection issues like Batson challenges, instructional error, directed verdict and j.n.o.v. motions, mistrial issues and curative instructions, and similar issues that can be corrected at the trial court level).
- The ability of appellate counsel to provide effective and efficient brief writing and oral argument, including such things as issue selection on appeal, focus and clarity of briefing, knowing how to use the very limited time allotted for oral argument on appeal, familiarity with appellate judges and their proclivities and biases, and similar issues.
Who Should Attend:
- Chief Counsel
- Corporate Attorneys
- Executive Officers
- In house counsel (Public & Private)
- Legal Executive
- Litigation officers
- Litigation Support Specialists
In 1987, Ms. Hasapidis earned her undergraduate degree in political science from New York University, where she was named as a Trustee Scholar. She obtained her law degree from Brooklyn Law School in 1991. Prior to opening her own practice, Ms. Hasapidis acquired a rich background as a prosecutor in Kings County, an Assistant County Attorney in Westchester and a civil litigator in a New York City insurance defense firm. Her dedication to her clients has been recognized by her peers, who awarded her Martindale-Hubbell's AV-Preeminent* peer-reviewed rating.
Ms. Hasapidis represents individual and business litigants throughout the state of New York. She is licensed to practice law in New York and Connecticut state courts and before the U.S. District Court for the Eastern District of New York, the U.S. Court of Appeals for the Second Circuit and the Supreme Court of the United States.
Ms. Hasapidis also sits on the Executive Board of the New York State Trial Lawyers Association and is a member of Rotary International. In addition, she has chaired committees and/or served in multiple capacities for the New York State Bar Association and the Westchester County Women's Bar Association.
In 1987, Ms. Hasapidis earned her undergraduate degree in political science from New York University, where she was named as …
Michael’s practice is balanced between appellate and trial advocacy, covering a wide range of legal areas, including commercial litigation, criminal defense, employment law, constitutional law, torts and securities law. He has prosecuted and defended appeals filed before state and federal appellate courts, in New York, New Jersey and Texas, and has obtained a long string of appellate reversals of trial verdicts and dispositive motions. His advocacy has been praised by both appellate and trial judges, on the record, as “excellent”. Michael has also lectured before colleagues on the topics of Civil Rights litigation and defending and prosecuting Fair Labor Standards Act claims.
Michael’s practice is balanced between appellate and trial advocacy, covering a wide range of legal areas, including commercial litigation, criminal …
Lana Ivy is a partner at Harris Beach and a member of the Appellate Practice Group, as well as the Business and Commercial Litigation Practice Group. Ms. Ivy has extensive appellate experience, having briefed and argued cases at the Appellate Division level throughout New York state, as well as before the New York Court of Appeals. She is a co-author of the New York Appellate Practice treatise, published by LexisNexis, and in addition to handling appeals, consults on appeals and motions for leave handled by other attorneys. Ms. Ivy is a frequent speaker on both trial and appellate issues for New York State Bar programs.
Lana Ivy is a partner at Harris Beach and a member of the Appellate Practice Group, as well as the …
The Hon. Victoria A. Graffeo is a partner at Harris Beach, and the leader of the Appellate Practice Group as well as the Alternative Dispute Resolution Practice Group. She is also a member of the Business and Commercial Litigation and the Government Compliance and Investigations Practice Groups. In 2014, the Hon. Victoria A. Graffeo completed a 14-year term as a Judge on the New York Court of Appeals, the State’s highest court. She authored over 250 civil and criminal majority opinions for the Court. Previously, she was an elected Justice of the Supreme Court, and was later elevated to the Appellate Division, Third Department, an intermediate appellate court in New York. She also served as the chair of the New York State-Federal Judicial Council, and as Solicitor General and Counsel to the New York State Attorney General. The New York Law Journal named Ms. Graffeo one of the 2016 “Lawyers who Lead by Example” and she received a Lifetime Achievement Award.
The Hon. Victoria A. Graffeo is a partner at Harris Beach, and the leader of the Appellate Practice Group as …
K. Scott Hamilton has practiced appellate law as a member of Dickinson Wright, PLLC in its Detroit office for over 25 years. He was Editor-In-Chief of The Wayne Law Review and law clerk to Hon. Cornelia G. Kennedy of the U.S. Court of Appeals for the Sixth Circuit. Mr. Hamilton has briefed and argued scores of appeals in numerous federal circuit courts of appeals and state courts across the country. He is a Life Member of the Sixth Circuit Judicial Conference; Co-Chair of the Appellate Committee of the Federal Bar Association for the E.D. Mich.; Adjunct Professor of Law (appellate practice) at Michigan State University Law School; and Staff Instructor of the Sixth Circuit Practice Institute. He is listed in The Best Lawyers in America (appellate practice); Leading Lawyers (appellate practice); DBusiness Top Lawyers (appellate law); and Best’s Directory of Recommended Insurance Lawyers. He is also Fellow of the Michigan State Bar Foundation, a Fellow of the Detroit Bar Foundation, and was recently selected Detroit Bar Legal Scholar for 2017 by the Detroit Bar Association.
K. Scott Hamilton has practiced appellate law as a member of Dickinson Wright, PLLC in its Detroit office for over …
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Method of Presentation:
Experience in Appellate Law
NASBA Field of Study:
Specialized Knowledge - Technical
NY Category of CLE Credit:
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About Hasapidis Law Offices
The founder and sole practitioner, attorney Annette G. Hasapidis focuses primarily on civil appeals pertaining to a broad range of civil litigation matters, including employment defense, commercial litigation, probate and estate litigation, family law cases and personal injury cases. For more than 25 years, Ms. Hasapidis has assisted clients on more than 340 appeals in state and federal courts. She also works extensively with trial counsel concerning strategic decisions and complex motion practice.
Ms. Hasapidis has the distinction of being one of a handful of attorneys in New York State to persuade New York's highest court to reconsider and reverse its earlier decision in the same case, in her client's favor.
About Mangan Ginsberg LLP
Mangan Ginsberg LLP is a New York City law firm formed between a former securities litigator and a former New York County assistant district attorney organized for the purpose of achieving outstanding results. Their blended backgrounds provide clients with diverse, creative and result-oriented litigation, arbitration and appellate representation. The firm’s lawyers and legal assistants take the time to understand clients’ immediate and long-term needs and identify the best strategies to achieve the best outcomes for their clients. The firm’s philosophy is that hard work and dedication to our clients achieve exceptional results.
About Harris Beach, PLLC
Harris Beach is one of the oldest and largest law firms in New York state and among the country’s top law firms as ranked by The National Law Journal. The firm is a full service law firm that represents a wide range of clients, including Fortune 500 corporations, privately-held companies, public sector entities and not-for-profit organizations. Harris Beach is ranked by U.S. News and World Report as a Top Tier firm in every major area of law, and was named in 44 practice group categories in Best Lawyers in America. Harris Beach is one of the few firms in upstate NYS with an Appellate Practice Group composed of a team of attorneys with the specialized skills needed to succeed in all four of the Appellate Divisions, the New York Court of Appeals and the U.S. Court of Appeals for the second circuit. Harris Beach represents our clients, and also supports other law firms acting as a consultant.
Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, nationally and internationally. With over 27 practice groups and 17 industry teams, the firm provides the full depth and breadth of legal services. Principal industries represented include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.
About Dickinson Wright PLLC
Dickinson Wright, PLLC is a general practice business law firm with over 450 attorneys. Headquartered in Detroit and founded in 1878, the firm has seventeen offices, including six in Michigan and others in Austin, Tex., Columbus, Ohio, Ft. Lauderdale, Fla., Lexington, Ky., Nashville and Music Row, Tenn., Las Vegas and Reno, Nev., Phoenix, Ariz., Washington, D.C., and Toronto, Ontario.