In simple terms, appellate law is a stage of dispute resolution. More specifically, it involves handling cases on appeal, but the best appellate practices think of it more broadly and consider sophisticated legal analysis, strategy and issue identification, even at the trial level, to be part of their core function. This includes the likes of antitrust, state and federal taxation, corporate law, punitive damages, telecommunications, labor and employment, environment and intellectual property.
This process can include:
• Evaluating the issues in the case.
• Reviewing motions filed by lawyers in trial court, because they tend to identify the important issues.
• Reading the trial transcripts.
• Working with trial lawyers to understand the facts of the case.
• Conducting legal research to assess the strength of the issues raised at trial.
• Writing an 'issues memo' after the research and analysis, and consult with the client and trial lawyers to identify the most promising issues.
• Writing the brief. This process takes time.
• Sharing the brief with the client and possibly the trial counsel; incorporating their comments and reactions.
• Continuing to refine the brief until it must be filed.
• Presenting the oral argument.
• Managing post-hearing steps.
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