Appellate

The attorneys in the Appellate Practice of Hinshaw & Culbertson LLP are an integral part of our firm's litigation practice. Appellate advocacy is not simply about addressing another phase in the life of a lawsuit, but begins long before a notice of appeal is filed. Our appellate lawyers are actively involved in preparing dispositive and other pretrial motions, crafting jury instructions, and developing post-trial motions. Our appellate team works closely with trial counsel to identify and analyze issues likely to arise on appeal, to develop strategies for preserving such issues, and to generate a record in the trial court that will most effectively support the client's position in the event of an appeal. The injection of an appellate perspective while a case is pending in the lower court has been a vital contribution to our firm's litigation success.

Our team of appellate lawyers has for decades aggressively represented businesses and individuals at all levels of state and federal reviewing courts throughout the country. We have served as court-appointed advisors on rulemaking, elbow clerks to members of the reviewing courts, fellows in and leaders of state and national associations of appellate lawyers, and as a state government's lead representative before the reviewing courts.

As lawyers who have received widespread recognition for our appellate skills, we are often tapped by the courts for significant pro bono matters and by special interest groups and trade associations to prepare amicus curiae briefs. That recognition of special ability, and the value it brings to clients, is shared by attorneys outside our firm who frequently recommend us to advocate for their clients when the battle lines have shifted from the trial level to the reviewing court.

We typically handle more than 100 new appeals per year. In an overwhelming majority of cases, we secured favorable results for our clients. A significant portion of our victories have been precedent-setting decisions; many others simply provided good, cost-effective outcomes for clients through sound advice, critical dispositive motions, tactical use of interlocutory appeals, and the ability to gain leverage through carefully executed post-judgment strategies.

Examples of what we do best, in addition to crafting appellate briefs and presenting oral arguments, are:

• Prepare and argue case-dispositive motions, both pre- and post-trial
• Draft and argue motions in limine, for judgment as a matter of law and jury instructions 
• Take interlocutory appeals related to discovery orders, immunity defenses, class certifications and venue
• Secure extraordinary relief through mandamus and supervisory orders
• Provide tactical and strategic recommendations and support to set up or head off an appeal
• Handle appellate mediations
• Quickly respond to short-fuse projects such as appeals from temporary restraining orders and injunctions

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