The practice of appellate law requires a perspective entirely different from trial advocacy. The trial process involves the initial persuasion of a judge and often a jury, based on the full array of available evidence and legal arguments. In the appeals process, however, the parties seek to persuade a panel of judges as to the correctness of their respective positions concerning a limited universe of legal issues that arise from the trial judge's rulings. As such, appellate practitioners must have the judgment and discipline to identify and focus upon those issues that are legally determinative, irrespective of the visibility those issues had at trial. Our appellate lawyers work with trial counsel to review the case with a fresh perspective, and to weigh the advantages and disadvantages of post-trial motions in the trial court, or the proper strategy in defending such motions.
During the appeal process itself, there are more procedural complexities and variations than might be expected, particularly in Oklahoma’s appellate courts. By reason of the Firm's volume of appellate cases – both appeals and original actions in the appellate courts – and our lawyers' combined years of practice, we have the experience and knowledge to avoid procedural traps, the judgment to make the proper choices as to the various procedural options which are presented in every appeal, and the ability to reach tactical conclusions consistent with the customs and practices of the Court that may not be explicitly embodied in the rules.
Clyde A. Muchmore and Harvey D. Ellis, Jr., co-author Oklahoma Appellate Practice (West Group), a comprehensive treatise on all aspects of appellate procedure in Oklahoma state and federal courts, consisting of two volumes, with a supplemental pamphlet containing detailed timetables for each kind of appeal. Mr. Muchmore and Mr. Ellis also co-author Oklahoma Civil Procedure Forms and Practice (Lexis Law Pub.), a two-volume book on Oklahoma civil procedure, which includes discussion and numerous forms for use in state and federal civil (including appellate) litigation practice.
Contact Crowe & Dunlevy for more information on appellate practice.