Appeals and Critical Motions
Most people think of appeals only coming up in a small percentage of cases, and even then only at the very end. But in reality, the prospect of an appeal affects literally every case from beginning to end. When thinking about settling pre-suit, you cannot properly assess a reasonable settlement position without understanding what appellate issues may exist in the case and their likely outcome. In pre-trial discovery and litigation, any decision must be made with an eye toward whether it creates an appellate issue and how that issue affects risk. During the heat of trial, someone has to be paying attention to ensure that arguments and objections are properly preserved should an appeal be necessary. And once the case is over in the trial court, then the real appellate fun begins.
MichieHamlett has an exceedingly deep bench to handle these matters. Though the Appeals and Critical Motions practice is led by Kyle McNew and Jay O’Keeffe, virtually all of our attorneys have handled appeals and dealt with appellate issues in their various practice areas. If we are involved in your matter, you are not just getting one or two attorneys – you are getting the entire firm. Our wide array of practice areas allows us to combine subject matter expertise with technical appellate skill to provide premium guidance and product for our clients and co-counsel, whether that means protecting a favorable result or overturning an error made by the court below.
Because we are engaged at all phases of a dispute and to such a varying degree, we (somewhat) jokingly refer to this practice as Special Ops. From limited-purpose consulting to handling litigation and appellate phases in their entirety, we have the flexibility to both efficiently and effectively fulfill whatever role is needed. Our services include:
- Briefing and arguing the appeal and all other matters in the appellate courts
- Mooting and appeal prep
- Appellate strategy and rules compliance
- Post-trial motions
- Preserving error and ensuring a proper record
- Strategy, briefing and argument on critical motions in the trial court
- Pre-suit issue analysis
While we are happy to assist at any stage, our best results come when we are brought in early so that we can assure that the table is properly set for success. Just as you would insure your most valuable assets against risk, strong appellate counsel protects your most important legal matters to the greatest extent possible. Let us use our experience and reputation before the various trial and appellate courts in Virginia to give you the best chances of achieving and maintaining litigation success.