The appellate & writ practice is highly specialized work, requiring a unique skill set that differs greatly from those needed in preparing for and conducting a trial. An appellate attorney must evaluate cases within the distinctive structure of appellate rules, procedures and standards of review, and have the ability to simplify difficult legal arguments to appellate court judges and justices (and their law clerks) who, like appellate attorneys, are not everyday experts in the substantive areas of the law.
The attorneys practicing in McCormick Barstow’s Appellate Litigation Group know how state and federal appellate courts function, know what approaches are most likely to persuade judges and justices, and work efficiently to achieve the goals of their clients. The Appellate Litigation Group handles all aspects of state and federal appeals and writs, from the filing of the notice of appeal or writ through further review to higher courts. Attorneys in the Group also represent clients as appellate counsel by working with trial counsel in ongoing litigation matters to assist in framing and briefing important legal issues, preserving claims of error and avoiding potential waiver issues. The combination of trial counsel experienced in the substantive area of the law and appellate counsel experienced in appellate procedure, simplifying difficult legal concepts, and speaking to non-expert judges and justices provides a unique advantage that the Appellate Litigation Group provides to clients.
McCormick Barstow’s Appellate Litigation Group includes Appellate Law Specialists who have been certified by the State Bar of California Board of Legal Specialization, attorneys with many years of experience serving as staff attorneys in both state and federal appellate courts and attorneys who serve on state and federal appellate law committees.