Ford O’Brien Landy LLP’s appellate practice is grounded in principled advocacy.
Principled advocacy requires judgment: the ability to identify the issues that matter, to understand the governing standard of review, and to present arguments with the credibility appellate courts expect. We bring this judgment to high-stakes federal and state appeals involving unresolved legal questions, complex records, and significant financial and reputational consequences.
Appellate litigation shapes the development of the law. Our approach reflects that responsibility while focusing on our clients’ individual objectives in each case — whether preserving a favorable result, overturning an adverse ruling, or narrowing exposure on appeal. We have experience assuming responsibility for matters for the first time on appeal, bringing independent judgment to the record and the issues presented.
Our appellate work reflects the firm’s diverse practice areas and includes:
Our current appellate engagements include representing:
Contact us to learn how we can help.
A trial is where the facts of a case are determined: witnesses testify, evidence is presented, and a judge or jury reaches a verdict. An appeal is not a second trial. Instead, a higher court reviews the record of what happened below to determine whether legal errors were made that affected the outcome, such as mistaken rulings on evidence, incorrect jury instructions, or misapplication of the law. Appellate courts generally do not hear new evidence or witnesses, which makes the written briefs and the existing record central to success. Appellate advocacy is a distinct discipline, and our experience as trial lawyers strengthens our work in that area: we understand how records are made, how trial judges rule, and where errors are most likely to occur. We handle appeals in both civil and criminal matters, whether seeking to overturn an adverse decision or defending a favorable one.
In most cases, a party may appeal only after the district court enters a final judgment resolving the case. There are limited exceptions that permit earlier appeals, for example from orders granting or denying injunctions, or in certain cases where the district court certifies a question for immediate review. Deadlines to file a notice of appeal are short and strictly enforced, and missing one can forfeit the right to appeal entirely. Anyone considering an appeal should consult counsel as soon as possible after an adverse ruling.
Trial lawyers focus on developing facts, examining witnesses, and persuading a judge or jury in the courtroom. Appellate advocacy requires a different skill set: mastering the trial record, identifying the strongest issues for review, understanding the applicable standards of review, and presenting focused legal arguments through written briefs and oral argument before a panel of judges. Appellate counsel can also provide valuable perspective during trial by helping ensure that important issues are properly preserved for appeal. Ford O’Brien Landy can see a case through from the courtroom to the court of appeals, or step in with a fresh perspective on a case tried by other counsel.
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