Appellate Law

Protecting or Attacking Lower Court Decisions

It’s important to have appellate counsel because trial courts and appellate courts are different.  For example, appellate courts and trial courts have different procedural rules.  This is particularly true regarding certain deadlines that must be met to preserve the party’s right to appeal their case.  That’s why it’s essential to discuss your case with a skilled Texas appellate lawyer familiar with the appellate process.  Whether you want to uphold the trial court’s decision or reverse it, our appellate attorneys can help you with the two main parts of your appeal: the appellate brief and oral argument.

Writing the Strongest Arguments

Often times, the success or failure of an appeal depends on the appellate brief.  An appellate brief is designed to call the appellate court’s attention to legal issues surrounding any procedural, substantive, constitutional or evidentiary errors that the trial court may have committed.  Most importantly, an appellate brief must be effective—that is, it must be written clearly and persuasively, so the issues are framed in a light most favorable to the client’s position.  Because the appellate brief plays such a vital role in the appellate court’s decision, it can mean the difference between winning and losing your appeal.

Oral Advocacy

The second part of the appellate process is called oral argument and is unique to the appellate process.  It’s highly interactive, giving the panel of justices an opportunity to ask the lawyer questions about the legal, factual and policy arguments made in the appellate brief.  Contrasting opinions exist about oral argument’s value: some justices claim they decide the case before oral argument, while other justices insist it’s a critical factor in their decision.  Either way, oral argument is the last chance to persuade the justices before they make their decision.  Contact us today for more information.