Experience matters, especially on appeal. For nearly a century, Clark Hill’s appellate practitioners have provided in-depth counsel and skilled advocacy when the stakes of litigation are high. From pre-litigation case assessment through appellate representation in the highest state and federal courts nationwide, our appellate lawyers bring a wide range and depth of experience to serve our clients’ litigation needs.
Our appellate team enhances clients’ success and brings 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.
Clients served by our appellate team also benefit from our unique and proprietary SERT!™ appellate case-management system. SERT!™ tracks every appellate matter in the firm, allowing all of our attorneys and staff immediate access to past or current similar cases handled in the firm, intelligence regarding courts and judges, and other vital information. SERT!™ enhances the impact of our services while eliminating unnecessary effort and fees.
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.
In addition to briefing and arguing appellate cases, our appellate practitioners 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.
- 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.
- 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.
Experienced 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.
- 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.
- Superseding adverse judgments and staying execution of judgments during appeal.
Appeals and Mandamus Proceedings
- Advocacy in state and federal courts across the country.
- Amicus curiae representation of business groups, trade associations, charitable organizations, and others.