Appellate
Cowles & Thompson’s Appellate Practice Group is often retained to handle post-judgment proceedings and appeals at the request of trial counsel, the client, and the client’s insurance carrier. We have also prepared amicus briefs for trade associations and other parties interested in a particular appeal.
The Appellate Practice Group maintains a blog that provides useful information to civil appellate practitioners and to the public at large. Information relating to significant, cutting-edge appellate opinions from Texas appellate courts (inclusive of the Supreme Court of Texas) can be found on the blog. Also, U.S. Supreme Court opinions and Fifth Circuit opinions that have particular impact on Texas civil appellate practioners are discussed. The blog includes notices about news and events that impact appellate practioners, such as relevant continuing education seminars, proposed changes to the rules of appellate procedure, and meetings of appellate sections. It also includes links to useful resources for practioners. Please visit the blog at: www.reverseandrender.com
We work closely with trial counsel to give our clients the benefit of both the trial attorney’s knowledge of the case and the appellate attorney’s unique skills and experience. If retained before trial, we also are able to assist trial counsel in preserving issues in preparation for an anticipated appeal.
Appellate advocacy requires skills that are similar to, but distinctly different from, those used during trial. Arguments cannot, and should not, be made to an appellate court in the same way they are made to a jury. Issues that appeared important during trial may not be significant in the appeal. And other issues that appeared less important during trial may take on added significance. As a result, it is often advisable to have a different attorney take a fresh look at a case when it goes up on appeal, in either a consulting role or as new lead counsel for the appeal.
Our appellate attorneys have appellate experience at all levels in federal and state courts. They have appeared before the U.S. Supreme Court, the Fifth Circuit Court of Appeals, the Texas Supreme Court, and all fourteen Texas intermediate courts of appeal. Two of the attorneys in the Appellate Practice Group – Mike Northrup and Byron Henry – are board certified in Civil Appellate Law by the Texas Board of Legal Specialization.
The Appellate Practice Group brings a variety of skills to bear on their tasks. The issues we have handled on appeal are as diverse as the Firm’s litigation practice. The Group actively tracks changes in substantive law and in appellate procedure, and knows how to navigate appellate rules that often act as traps for the unwary or less experienced. The Group also develops the theories and legal research necessary to write briefs that are not only persuasive but also interesting to the intended audience–appellate judges–who are often drowning in a sea of cookie-cutter briefs. Our attorneys are strong brief writers, and understand firsthand the types of concise, intelligent arguments expected by appellate courts. Finally, the Group’s best oral advocates are used to present the most compelling oral argument. The net result is advocacy that will maximize the likelihood of a favorable appellate decision.
In the Courtroom
Cowles & Thompson’s appellate attorneys assist clients in all phases of litigation in the trial court. They provide numerous types of support, including case analysis and assessment, error preservation, and evaluation of the merits of an appeal. By being an integral part of the trial team, they also are positioned to handle appellate emergencies that often arise, because, in trial, time is always of the essence.
- Preparing or responding to motions for summary judgment and other dispositive motions
- Handling temporary injunctions and other complex evidentiary hearings
- Researching and analyzing difficult legal issues
- Preparing or responding to motions to exclude expert testimony
- Handling mandamus proceedings and interlocutory appeals prior to trial, including rulings regarding special appearance, arbitration, forum non conveniens, and venue
- Monitoring the trial to assist in preserving appellate complaints, particularly when the case poses a high risk of an adverse jury verdict
- Preparing trial briefs
- Preparing the court’s charge and attending the charge conference at trial
- Preparing or responding to post-trial motions
Leveraging the experience of our full-service firm, Cowles & Thompson’s appellate attorneys have handled appeals for many areas of litigation, including:
- Asylum
- Aviation
- Bankruptcy
- Business disputes
- Class action
- Commercial
- Construction
- Employment law
- Family law
- Government contracts
- Insurance
- Insurance coverage
- Oil and gas
- Personal injury
- Products liability and torts
- Professional malpractice
- Real estate
- Trusts and estates
- In the Appellate Courts
- Scope and Areas of Representation
- Appellate Skills and Background
- Appellate Experience
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