Appellate

Your array of evidence and legal arguments may or may not have persuaded the judge or jury. Now you need to persuade a panel of different judges to uphold or overturn the results. We’re here to help.

Identify and Focus

A variety of errors may have occurred in the trial court but not all will be critical on appeal. We have the judgment, discipline and experience to identify issues determinative on appeal, including the less than obvious issues.

We Wrote the Book—Literally

Clyde A. Muchmore and Harvey D. Ellis Jr. co-authored Oklahoma Appellate Practice (West Group), a comprehensive two-volume treatise regarding all aspects of appellate procedure in Oklahoma state and federal courts. They also co-authored the two-volume treatise on civil litigation practice before Oklahoma state and federal courts—Oklahoma Civil Procedure Forms and Practice (Lexis Law Pub). Updating these treatises annually, our practice stays current with the latest trends and developments in both trial and appellate procedure.

Seeing Around the Corners

Appeals and original actions in Oklahoma appellate courts may present unexpected procedural complexities, and the written rules do not embody all of the customs and expectations of those courts. We have the experience and knowledge to help you anticipate problems, avoid pitfalls and make appropriate strategic choices.

We Work With You and Trial Counsel

Often substantial risks of adverse results become evident before or during trial. We provide guidance and insight to teams busy with trial preparations, and help shape the presentations of evidence, arguments and motions before, during and after trial, in anticipation of the issues most likely to be critical on appeal. We also offer an objective assessment of the case in advance or in the aftermath of a highly adversarial and emotional trial.

Representative Experience*

Appellate attorneys represented an insurance company in an appeal of a $15 million default judgment issued against the company. The Oklahoma Court of Civil Appeals agreed with the firm’s assertion that the sanction had been issued without sufficient due process protections, and that a $15 million default judgment in the circumstances was an unduly severe sanction that constituted an abuse of discretion. The court vacated the judgments against the company and remanded for further proceedings. More…

Statement of Principles

Each person in our practice group is dedicated, individually and as a member of a working team, to the following:

• Advocating persuasively on our client’s appeal
• Offering objective, but compassionate advice in the best interest of our client
• Providing counsel to our client on whether an appeal should be pursued or should continue
• Identifying the key issues on appeal, finding relevant authorities to guide the appellate court’s decision, and delivering clear and compelling written product
• Communicating effectively with our client’s representatives, including trial counsel and in-house counsel
• Acting respectfully and with integrity on behalf of our client when appearing before the appellate court
• Being available to consult before and during trial on issues that may affect the chances of success in an eventual appeal
• Continuing to enhance our skills in oral and written advocacy, and our knowledge of appellate procedures
• Interacting regularly with one another about best practices
• Seeking input from our clients about their experiences and how to improve the quality of our services

Contact us for more information on appellate law.

*Past results afford no guarantee of future results. Every case is different and must be judged on its merits.