Appellate Advocacy

Appellate advocacy necessitates specialized skills in order to be successful. It is an exacting process, which requires familiarity with the procedural rules and deadlines particular to state and federal appellate courts. Not surprisingly, a significant number of appeals are dismissed for failure to comply with these special rules and procedures. Retaining experienced counsel will help to avoid potentially disastrous procedural mistakes at the appellate level.

Also unique to appellate advocacy is that by the time a case reaches the appeals stage, the factual record is unalterable. The focus shifts from developing and knowing the facts of a case to mastering the record on appeal, extensively researching legal principles, having a profound understanding of the appellate standards of review and compiling everything in a concise, persuasively-written brief.

Allyn & Fortuna’s attorneys are familiar with all aspects of state and federal procedures in both New York and New Jersey, and are skilled brief writers with exceptional analytical skills to identify and distill complex factual cases into specific, technical legal arguments necessary to prevail in appellate courts. Our attorneys also possess the oral advocacy skills needed to present our clients’ cases in the most persuasive way. They have the experience and insight into how decisions are made at the trial court level and how those decisions are analyzed and reviewed on appeal. These appellate advocacy skills, coupled with our lawyers’ extensive knowledge of the law, result in an established record of appellate success.

Allyn & Fortuna has a record of providing high quality appellate representation to clients in federal and state appellate courts. We have successfully handled complex appeals before New York and New Jersey State appellate courts, the United States Courts of Appeals for the Second Circuit and the Third Circuit, in various areas of the law, including employment, breach of contract, commercial litigation, trademark infringement, enforceability of arbitration agreements and dozens of other subjects.

Clients also benefit from Allyn & Fortuna’s litigation experience because the success or failure on appeal often depends upon the preservation of arguments in the lower court, the submission of evidence or on an offer of proof. The experience of Allyn & Fortuna’s appellate and litigation attorneys ensures our clients that all arguments are timely made and appropriately preserved for appeal.