APPELLATE LITIGATION PRACTICE

A UNIQUE CHALLENGE

Although in times past trial lawyers handled their own appeals, attorneys and (more importantly) judges now recognize appellate litigation as a distinct area of practice that requires a distinct set of skills.

Appellate litigators tailor their practice to the unique demands of appellate courts. There are two key components of an appeal: the written brief and the oral argument. Written advocacy typically takes the forefront, because appellate courts rely heavily on the briefs for explanation of discrete, and often highly technical, legal arguments. Accordingly, in both federal and state appeals, the judges tasked with deciding a case expect a cogent and persuasive presentation of the facts and legal issues in a concise written brief. Then, at oral argument, an appellate litigator must, usually in less than 30 minutes, persuade a panel of judges – not a jury – that particular points of law compel a favorable result.

AN EXPERIENCED GROUP

Recognizing the unique demands of appellate practice, we at Bradley Arant have assembled an extraordinary appellate practice group. Our remarkable team of lawyers brings to the table a wealth of experience in appellate advocacy. That experience takes several forms —

• Judicial Clerkships. Four Bradley Arant lawyers clerked on the United States Supreme Court: Wayne Drinkwater for Chief Justice Burger in 1976-77; Matt Lembke for Justice Kennedy in 1992-93; Kevin Newsom for Justice Souter in 2000-01; and John Neiman for Justice Kennedy in 2001-02. In addition, firm lawyers have served as law clerks to judges on the United States Courts of Appeals for the Second, Fourth, Fifth, Sixth, Ninth, and Eleventh Circuits, as well as the Alabama, Florida, and New Jersey Supreme Courts. Not only do judicial clerkships offer young lawyers the opportunity to study under the nation’s finest and most influential jurists, they also provide those lawyers with invaluable insights into the procedures, personalities, and inner workings of appellate courts around the country.
   
• Court Coverage. Bradley Arant lawyers have litigated appeals in courts across the country. Four of our attorneys have argued cases in the United States Supreme Court. In addition, we have handled cases in all 13 United States courts of appeals and in a number of state supreme and appellate courts. Indeed, in the last five years alone, our lawyers have personally argued three cases in the U.S. Supreme Court and nearly 70 cases in the U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eleventh, D.C., and Federal Circuits, and the Alabama, Mississippi, and North Carolina appellate courts. During that same time, our lawyers have briefed, prepared, or consulted on countless additional appeals. Through our extensive experience litigating appeals, we have acquired an intimate familiarity with judges and court procedures throughout the nation.
   
• Subject Areas. Bradley Arant lawyers have handled appeals involving virtually every imaginable area of law, including
  
  • general commercial
  • product liability and mass tort
  • labor and employment
  • intellectual property
  • energy and environmental
  • antitrust and unfair competition
  • banking and securities
  • health care
  • bankruptcy
  • media
  • tax
  • administrative law
  • civil rights
  • white-collar criminal defense
  • constitutional law
  • statutory interpretation
  
  Every case is unique, of course. But our experience with such a vast array of legal issues enables us to be aggressive – and efficient – in tackling our clients’ thorniest appellate problems.
   
• Distinctions. Bradley Arant lawyers have been widely recognized for their appellate know-how. Wayne Drinkwater, for instance, is a member of the American Academy of Appellate Lawyers. Kevin Newsom, former Alabama Solicitor General, was recently recognized by The American Lawyer magazine as one of the top 50 litigators in the entire country under the age of 45; he was one of only a handful of appellate lawyers so honored. Margaret Cupples, Wayne Drinkwater, Matt Lembke and Scott Smith are all listed in Best Lawyers in America in the field of appellate litigation. Marc Ayers was recently elected Vice Chair of the Alabama State Bar's Appellate Practice Section. These and other accolades, we believe, are merely reflective of the quality of representation that clients can expect from our appellate litigators.

AN INDISPENSABLE SERVICE

An appeal raises the stakes of litigation considerably and demands the attention of experienced appellate counsel. Bradley Arant’s appellate lawyers handle cases not only for clients whom the firm represented at trial, but also for clients who engage the firm specifically for its appellate proficiency.

Wherever possible, Bradley Arant’s appellate litigators work with trial counsel to craft compelling legal arguments. The most effective appellate advocacy combines the trial lawyer’s mastery of the facts with the appellate lawyer’s identification and analysis of key legal issues. But even when we are brought into a case after verdict – or, for that matter, when an appeal is already underway – we are ready, willing, and able to evaluate the situation and to prepare and execute a strategy aimed at victory.

In either event – whether in the case from its inception or called in specifically for the appeal – Bradley Arant’s appellate lawyers can, through case-specific research, provide a fresh and important perspective on the controlling legal questions. Our considerable experience clerking on and practicing before appellate courts throughout the country enables us to help you determine how best to frame and address the issues that will control the outcome of your appeal – and ultimately your entire case. Drawing on our knowledge of appellate procedures and our experience writing briefs and delivering oral arguments before different appellate courts, we will focus the judges’ attention on the decisive issues while avoiding the procedural pitfalls that too often undermine meritorious arguments.

The point is simply this: When your case goes on appeal, you want an experienced team at the helm. We have been there – in the United States Supreme Court, in every federal appellate court, and in a number of state supreme courts – and we can help.