Overview

Appellate advocacy is often a byproduct of litigation,  but wholly distinct and separate from litigation itself. It is the continuation of litigated legal and sometimes factual issues at the “next highest” court – from the Kentucky Court of Appeals and Kentucky Supreme Court to the Sixth Circuit Court of Appeals and the United States Supreme Court. Appellate advocacy possesses its own set of specific rules, deadlines, and requirements.. When a client needs to take an appeal, or defend a favorable result from the trial court,  it takes attorneys experienced and well-versed in appellate advocacy to brief and argue that case effectively and convincingly  to that “next highest” court. It doesn’t matter how savvy an attorney is in litigation, how skilled he or she is at trial, or how convincing he or she is to a trial judge or jury. Once attorneys step foot in the appellate arena, none of that matters. To the appellate court, the case is brand new in most respects, and for unseasoned, unexperienced practitioner, it is all too easy to get lost in the procedural complexity of appellate advocacy or make crucial errors as the appeal progresses. And that is where we come in.

At McBrayer, our appellate advocacy attorneys have extensive experience in that area. From either vindicating our clients from a verdict or judgment taken against them, or petitioning the appellate courts to uphold a trial court’s decision, we take the time to fully prepare the appeal, with a thorough understanding of what the client wishes to ultimately accomplish. Part of appellate advocacy is evaluating the case throughout the appellate process to provide the client with an honest assessment of possible outcomes and costs. We understand that a “win at all costs” philosophy is not always a win for the client, so we keep our clients informed about the case and the road ahead so that they can make informed decisions about which road they desire to take and then work with them to see that they reach that destination on appeal. McBrayer attorneys are advocates for our clients both in and out of the courtroom, no matter the court.