Appellate Representation

In the high-stakes world of appellate litigation, Thiebaud Remington Thornton Bailey LLP's appellate attorneys offer depth, experience, and knowledge.  Our appellate attorneys handle appeals throughout Texas, and work before the Texas Supreme Court, all 14 Texas courts of appeals, and the United States Court of Appeals for the Fifth Circuit.  Additionally, we actively participate at the trial court level, preparing strategic motions, drafting jury charges, and structuring the case for appeal or emergency relief.

Appealing Judgments and Rulings Before and During Trial

Trial court proceedings are fraught with opportunities for errors requiring appellate review. From pre-trial rulings to selecting juries to jury charges to the jury's verdict and judgment, many trials require appealing some of the issues. Handling these appeals obviously requires a law firm with experience in handling appeals from adverse trial court rulings or judgments.  But what separates our appellate attorneys is that our attorneys also have extensive experience in trying cases in trial courts. We have been very effective in handling appeals from all types of rulings and proceedings in state and federal court by not only detailed legal analysis, but also very practical approaches and policy arguments that are best formulated by those attorneys who not only handle appeals but also try cases.  

Trial Assistance

Appellate attorneys who are also experienced trial attorneys provide an immense benefit at trial. With this kind of attorney, you not only have an appellate attorney who is well-versed on the law concerning jury selection issues, but also one who is experienced in selecting a jury which will give the best opportunity for a good outcome. Regarding pre-trial issues, evidentiary issues, and other issues during trial, our appellate attorneys have extensive experience in trying complex cases not only after the fact on appeal but as they played out in a trial.  The dual experience in both appellate and trial law that STR attorneys provide is simply invaluable.

Interlocutory Appeals

Texas law provides limited circumstances when an interlocutory appeal is allowed. The appellate attorneys at STR have extensive experience in handling these interlocutory appeals at numerous state courts of appeals and the Texas Supreme Court.

Mandamus Review

A decision to file a mandamus should be done with caution. Texas law provides that mandamus is reserved for extraordinary circumstances. Evaluating whether to mandamus an issue, and if so, how to proceed, requires close examination of many issues. Is the issue subject to mandamus review? What relief is likely to be granted if one prevails on mandamus? As a practical matter, should mandamus review be sought? All of these issues require experience in not simply knowing the law, but experience in seeking mandamus reviews. The appellate attorneys have sought mandamus reviews of numerous issues including discovery orders, physician-patient privilege, and pre-trial issues in numerous state and federal courts of appeals.

The Appellate Practice Group brings a variety of skills to bear on their tasks. The issues we have handled on appeal are as diverse as the Firm's litigation practice. The Group actively tracks changes in substantive law and in appellate procedure, and knows how to navigate appellate rules that often act as traps for the unwary or less experienced. The Group also develops the theories and legal research necessary to write briefs that are not only persuasive but also interesting to the intended audience-appellate judges-who are often drowning in a sea of cookie-cutter briefs. Our attorneys are strong brief writers, and understand firsthand the types of concise, intelligent arguments expected by appellate courts. Finally, the Group's best oral advocates are used to present the most compelling oral argument. The net result is advocacy that will maximize the likelihood of a favorable appellate decision.


Recent News and Seminars
 
Russ Thornton 3 For 3 on Physician Appeals in 2011