Appellate attorneys assist clients with appealing an adverse judgment at the state, an intermediate court of appeals, federal courts and sometimes, a state supreme court.
Appellate attorneys also handle petitions after there has been a trial hearing in a lower court, or there has been inaction in the lower court, such as a refusal to rule on an order. Conversely, appellate attorneys may also assist parties in defending an appeal.
If you disagree with the outcome of the lower court, you may have grounds for an appeal or for a writ of certiorari. Parties have a legal right to appeal after a case has proceeded to conclusion at the trial court level. In Louisiana, with regard to federal courts, the United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction in the Eastern, Middle, and Western Districts of Louisiana.
With regard to appellate work, Kristin seeks to correct the errors of trial court judges and persuade the appellate courts to overturn lower court decisions and/or change the interpretation of the law on behalf of her clients. However, because not every appeal requires argument, it is paramount to carefully consider, plan and implement each aspect of preserving issues for appeal and briefing to ensure the client’s position is effectively advanced before an appellate court before bringing any appeal.
If you are dealing with a particularly complex case, you need to ensure that you present the best possible appeal. Some of the key activities involved in appellate law include:
- Ensuring that any and all legal arguments brought at the trial level are developed so as to preserve the right to appeal them (if need be)
- Managing complex litigation
- Developing creative, sometimes novel legal arguments and theories
- Looking at statutes, laws, regulations, etc. from a policy/public advocacy perspective
- Counseling parties early on so as to anticipate potential litigation and avoid litigation
Kristin M. Lausten has experience briefing and arguing a variety of appeals before Arkansas and Louisiana appellate courts, defending victories appealed by the other side as well as reversing incorrect rulings on behalf of her clients. Some of Kristin’s appellate representations have involved:
- Obtaining Supreme Court affirmance (declaration that a judgment, order, or decree from a legal court is valid and will be upheld) ending longstanding litigation
- Helping companies reverse adverse lower court decisions on appeal
- Helping to resolve multimillion-dollar litigation
- Helping clients narrow the issues between the parties to facilitate the resolution of claims
Panel Counsel and Major Claims Counsel
When you work with an appellate attorney, you want to ensure that they have substantive knowledge of the law, superior oral advocacy services, and a strong familiarity with the appellate practice.
Kristin M. Lausten has served as panel counsel and major claims counsel for insurers and TPAs handling work throughout Louisiana and elsewhere in the Gulf States. Contact Kristin today to find out how she can help you.