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Appellate Law

Appellate law is a unique practice in that it begins where most other litigation ends.  Traditionally, we think of jury trials, discovery hearings, depositions, and other trial court law as the practice of law.  Appellate law begins when something goes wrong at the trial level, a judge disallows crucial expert testimony or refuses to grant a spoliation instruction where destruction of evidence has occurred.  In appellate law, there is no discovery, and the parties are limited to what was presented to the trial court. In Texas, an appeal is presented to a multi-judge appellate panel and is decided almost entirely on the written briefs. Procedural, research, and strategic skills needed for appellate law are very different than the issues involved in other types of litigation.