The Singular Demands of Appellate Litigation
Appellate advocacy is an area of practice that demands a distinctive combination of strategic judgment, careful analysis, and outstanding written and oral advocacy skills. Appellate judges are generalists. To be effective, appellate advocates must translate highly technical subject matter into language and concepts that a non-specialist can understand. And because an appeal is framed by the trial court’s findings of fact and conclusions of law, the issues before appellate counsel may differ significantly from the ones that trial counsel thought they were litigating.
Miller & Chevalier’s Supreme Court and Appellate Litigation team is superbly equipped for the challenges presented by appellate court litigation. Our lawyers have argued dozens of Supreme Court cases. We have honed our experience in some of the most complex areas of the law, including federal and state taxation, employee benefits/ERISA, government contracts, and federal preemption, yet the breadth of our representations has made us sensitive to the issues facing appellate judges with wide-ranging case loads. Our appellate team, unburdened by the history and emotions of the original trial, is particularly effective in approaching the issues with the same fresh perspective that appellate judges themselves bring to the case.
Our clients include some of the world’s largest U.S. and foreign-based corporations, trade associations, industry coalitions, individuals, and public interest groups. Our clients hire us for our experience, our ability to handle the most sophisticated matters, and our record of achievement in court.
A Superb Blend of Talent and Experience
Our Supreme Court and Appellate Litigation team has represented clients in scores of complex civil and criminal appeals in all federal courts of appeals and in state appellate tribunals. We have represented clients in all aspects of Supreme Court proceedings, including merits briefs and oral arguments, petitions for certiorari, briefs in opposition to certiorari, and amicus briefs. On three different occasions, we have persuaded a court of appeals to reverse an unfavorable trial court decision and then persuaded the Supreme Court to deny the United States’ petition for certiorari. These rare victories in the face of the deference the Court usually pays to the Solicitor General’s certiorari petitions attest both to the persuasiveness of our arguments and the consistent quality of our work.
The members of our Supreme Court and Appellate Litigation team regularly appear in federal and state appellate courts around the country. Their government service includes key government positions within the U.S. Department of Justice. Among our seasoned appellate advocates is a former member of the Solicitor General’s office who argued more than two dozen cases during his tenure.
Consultative Services to Trial and Appellate Counsel
We regularly provide advice to counsel at the trial level, including strategic guidance at the early stages of a case. We advise in framing legal theories, shaping important statutory or constitutional issues, and preserving issues for appeal with an eye to subsequent appellate consideration. Our team is also regularly engaged to revise appellate briefs prepared initially by other counsel and to provide expert advice on Supreme Court or appellate strategy and procedure in important cases. |