Appellate

Brinks Gilson & Lione has a history steeped in successful appellate advocacy before the U.S. Court of Appeals for the Federal Circuit and the regional circuit courts of appeal. We also have a proven track record in appellate advocacy in the United States Supreme Court, in state courts, and in a variety of courts where we have filed amicus curiae briefs. Today, the tradition continues.

Our diverse group of appellate attorneys includes a former president of the Federal Circuit Bar Association, former Federal Circuit law clerks, the Federal Circuit Editor of the Appellate Practice Journal, some of the best names in outstanding oral advocacy, and writers who pride themselves on persuasion through the written word. This group, which crosses all subject matter areas of our practice, provides our clients with superior appellate representation.

Before commencing an appeal, we first ask ourselves whether there is a meritorious appellate issue. If not, we look to other avenues for protecting our clients' interests. If an appeal issue is present, our appellate specialists focus on the challenge of framing the issue for appeal. Once a cogent, provocative issue is framed, the brief is written so that the reviewing court is persuaded to adopt our position on the briefs alone. Prior to oral argument, we use our simulated courtroom to enact a mock argument, where a panel of our seasoned appellate practitioners peppers the oral advocate with the tough questions. Time and again, our attorneys return from oral argument reporting that our mock panel of judges anticipated each and every question posed by the real panel.

When our client is the appellee, we first ascertain whether the appellant has satisfied all time requirements and whether there are any other procedural bars to appeal. In some instances, an appellant's oversight has enabled our client to avoid the time and expense of an appeal and preserve a successful result achieved in the trial court. If a response brief is warranted, we apply the same persuasive writing used in presenting our appeals, and our firm's simulated courtroom is again put to good use.