Appellate

Appellate Attorney Services

Our appellate attorneys enhance clients’ success and bring efficiency to litigation. In addition to handling appeals of cases litigated by our firm’s lawyers, we regularly take ownership of or assist with appeals in cases handled by other firms, consult on trials and appeals being handled by other firms, advise multi-firm joint defense groups, prepare “friend of the court” briefs in important cases, and assist with post-trial mediation and other settlement activities.

Our appellate services are provided in a cost-effective and collaborative manner—not duplicative—of the efforts of trial lawyers. Alternative fee arrangements such as flat fees and mixed fees may be available.

Current members of our appellate section have briefed and argued cases in appellate courts across the country, including the U.S. Supreme Court, every federal circuit court of appeals, and numerous state supreme courts and intermediate appellate courts.

To provide for the best appellate representation possible, Clark Hill has skilled designated appellate office representatives in each of its offices from coast to coast.  This appellate organizational structure is unique to Clark Hill and is central to the firm’s appellate success. Learn more about the team here. 

In addition to briefing and arguing appellate cases, our appellate lawyers add value at every phase of litigation including:

Early Case Assessment and Planning

• Independent pre-suit analysis of potential claims and defenses.
• Strategic planning regarding legal theories, parties, and forum selection.
• In-depth analysis of contracts, insurance policies, and indemnity agreements.

Dispositive Motions

• Dedicated counsel for law-intensive issues such as jurisdictional concerns, venue challenges, and choice-of-law disputes.
• Motions to dismiss and motions for summary judgment.

Pre-Trial Intervention

• Trial-court counsel for complex discovery disputes, evidentiary matters, and expert issues.
• Interlocutory appeals and mandamus proceedings when immediate relief from a higher court is necessary.

Assistance to Trial Counsel

• Skillful guidance on the preservation of error, evidentiary issues, and trial procedure.
• Trial briefing on complex legal issues.
• Drafting and arguing motions in limine, the jury charge, and jury verdict forms.
• Motions for directed verdict and motions for judgment as a matter of law.

Post-Trial Motions

• Ensuring preservation of trial court victories—or development of issues for appeal—by preparing and responding to motions for judgment notwithstanding the verdict, motions for new trial, and motions for judgment as a matter of law.
• Staying execution of judgments during appeal and providing guidance for obtaining adequate surety.

Appeals and Mandamus Proceedings

• Advocacy in state and federal appellate courts across the country.
• Amicus curiae representation of business groups, trade associations, charitable organizations, and others.