Understanding the rules and procedure of appellate practice is invaluable to a client’s case. Our experienced appellate attorneys are well-versed in pre-trial and trial tactics, but also have a keen knowledge of appellate strategy and preservation of error. When a case is appealed, we promptly recognize and assess potential appealable issues, formulate cross-error, identify arguments that may not have been preserved by opposing counsel and utilize the appellate rules to bolster arguments on appeal. As one of the largest defense litigation firms in Virginia, we place a high priority on our strong appellate practice. Our combined appellate and litigation experience ensures a case will be managed at all stages for the best possible outcome.
A survey of the 2010 decisions of the Supreme Court of Virginia reveals that over 25 percent of the cases decided through published opinions involved an aspect of preservation of error at trial or post-trial.[1] Countless other appeals are refused at the petition stage due to procedural deficiencies. By joining the litigation team early in a case, our appellate attorneys can help shape strategy and identify potential issues that arise pre-trial and during trial and ensure all appealable issues are properly preserved. Once a case is on appeal, whether as appellant or appellee, we carefully review the trial record, strategically analyze all appeal arguments, and handle all aspects of the appeal through briefing and oral argument.
Our attorneys not only appear on behalf of litigants who are parties to cases on appeal, we also have experience with filing amicus curiae (“friend of the court”) briefs on behalf of clients who desire to educate the Court on important issues that may be implicated by the outcome of an appeal. We specialize in appeals of cases in the areas of medical malpractice, personal injury, employment, workers compensation, professional liability, ethics and disciplinary matters, as well as appeals of administrative and agency determinations.
[1] Statistic based on published opinions mentioning Rule 5:25, Rule 5:17, preservation of error or arguments, or contemporaneous objection.