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When a client needs a lawyer to try a construction claim, we recommend an
attorney schooled in the intricacies of construction law. We do the same
thing when a client seeks a litigator to defend a products liability
claim. We assign an experienced commercial litigator when a client is
involved in a business dispute. If a client receives a grand jury subpoena
or is charged with a criminal offense, we bring in an attorney with a background
in criminal law. Shouldn’t the same thing happen when a client is faced
with the prospects of prosecuting or defending an appeal? At Eckert
Seamans, we think so.
Appellate practice, like other areas of the law, is a specialty. It
requires more than a fleeting familiarity with a set of rules different from
those involved in the trials of civil or criminal cases. The presentation
of a case on appeal, from the filing of the notice of appeal, through motions,
briefing and argument, necessitates skills, knowledge and experience not honed
in the trial courts. What may be effective advocacy before a trial judge
or jury may be counter-productive when presenting a case on appeal. At
Eckert Seamans, the attorneys in our Appellate Practice Group are schooled in
these differences to better serve clients when they find themselves in the
appellate courts.
Our Appellate Practice Group is comprised of a former Pennsylvania Superior
Court Judge and co-chair of the Pennsylvania Bar Association’s Appellate
Advocacy Committee, a former Pennsylvania Attorney General, a former member of
the Solicitor General’s Office, a former member of the Pennsylvania Supreme
Court’s Appellate Courts Procedural Rules Committee, and a number of seasoned
practitioners who served as law clerks on the Pennsylvania and federal appellate
courts. Our attorneys have argued in the United States Supreme Court,
virtually all of the federal circuit courts of appeals, as well as the Court of
International Trade, the Army Court of Criminal Appeals and the Court of Appeals
for the Armed Services, all of the
Pennsylvania appellate courts, and
the appellate courts of many other states. They have experience not only
in briefing and arguing cases on appeal, but also in drafting of discretionary
review petitions and motions which are oftentimes dispositive of cases on
appeal. They bring a vast array of practical experience in the proper
manner in which to handle any case that may confront them and to properly
position the case for success on appeal. Our appellate attorneys often
become involved in cases at the earliest of stages in order to guarantee that
potential appellate issues are identified and preserved in order to enhance the
likelihood of success in the event that an appeal becomes necessary.
Our appellate team is available to handle or to assist in any appeal in which
a client may be involved. We are frequently called upon after the trial of
a case to take or defend an appeal. We also are available to assist
current counsel in perfecting and litigating a case on appeal. Our
attorneys also have experience in preparing and filing amicus curiae or
“friend of the court” briefs in cases of interest to persons or groups that are
not parties to the actual dispute before the court. Our Appellate Practice
Group would be happy to discuss any of these representational matters with
you.
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