Appellate Practice
A commonly held myth is that any litigator can handle a matter on appeal. Effective advocacy skills in the trial court, however, do not necessarily transfer to the appellate arena. The appellate process requires specific written and oral advocacy skills, as well as a strong working understanding of the appellate process. Thomas|Genshaft has attorneys who have clerked at the State Supreme Court and who have successfully handled numerous appellate matters, thus bringing our clients a level of expertise uncommon to many small firms. Our attorneys can evaluate effectively the potential merits of an appeal or writ and persuasively advocate our client’s position both in written briefs and at oral argument, all the time integrating knowledge of the appellate process. Our level of expertise allows us to deal with complicated and sophisticated legal matters on appeal. At the same time, we strive to provide the appellate court with a fresh look at the issues, as well as work to persuade the court to rule in our client’s favor.
The attorneys at Thomas|Genshaft understand, of course, that the need for appellate expertise begins in the trial court. At every step of litigation, the firm’s litigators keep in mind the possibility of appellate review. For example, many rulings by the court before judgment cause prejudice to the client that cannot be corrected without the extraordinary relief of a writ petition. Thomas|Genshaft attorneys have filed and defended against numerous petitions, and have developed the judgment to counsel a client when a writ is warranted and to determine the odds of its success. Other errors before judgment can only be corrected by a post-judgment appeal, but in the meantime the record must be preserved or the issue is waived.
Whether the client selects Thomas|Genshaft during trial or immediately following as appellate counsel, we have lawyers with both the experience and expertise required to preserve a hard fought victory or reverse an unfair judgment. On the other hand, our attorneys also have the wisdom to know when a matter might settle favorably on appeal.