Appellate Law

Appellate Law

Challenging or defending a court order on appeal requires special skills. Our lawyers honed these skills clerking on and arguing before state and federal appellate courts.

Appellate practice is its own specialty. For example, trial arguments are different from appellate arguments. Trial briefs are different from appellate briefs. Trial judges often have a different focus and think differently than appellate judges. Trial judges frequently apply a different standard than appellate judges. Knowing these differences is vital to determining when to appeal, how to advance your arguments, and what to expect.

We Have Vast Appellate Experience

Practicing before appellate courts requires experience to successfully navigate specialized procedures and best position a client’s case through written briefs, motions, and oral arguments. At Willoughby Humphrey & D’Antoni, our appellate law attorneys have the experience needed to evaluate, present, and advocate on your behalf in an appeal.

Our appellate attorneys include former state and federal appellate court law clerks who draw on their first-hand experience with the courts and judges. And our attorneys have argued before state and federal appellate courts—including the U.S. Court of Appeals for the Fourth Circuit, the South Carolina Supreme Court, and the South Carolina Court of Appeals—and submitted briefs to other courts, including the U.S. Supreme Court and other state appellate courts. They have the knowledge, understanding, and skills to craft persuasive written briefs and present successful arguments.

We also seek to be on the cutting edge of the law. Our appellate law attorneys are particularly adept at handling complex appeals and those which present novel issues. Our appellate experience spans all areas of the firm’s overall practice, including constitutional challenges, business torts, contractual disputes, products liability and personal injury, class actions, securities mismanagement and fraud, administrative law, regulatory investigations, the arbitrability of disputes, and jurisdictional and procedural matters. We also have experience seeking extraordinary writs and matters brought in an appellate court’s original jurisdiction.

Amicus Briefs Are Important Tools for Non-Parties

Those who are not parties to a particular case might have an interest in how the court resolves it. These often are individuals, business, trade groups, and other associations whose rights and property will be affected by a pending case. They are “friends of the court” and can file amicus curiae briefs to help the court understand and answer the question presented. We can help you decide whether to file an amicus curiae brief and how to best represent your interests if you do.

Pre-Appeal Strategy and Issue Preservation Are Critical

It is never too early to begin thinking about your appeal—winning it often depends on laying the right groundwork in the trial court. And timing is critical, as failing to make your arguments or notice your appeal at the right time can mean you lose appellate rights. Our appellate lawyers provide invaluable strategic insights during trial, immediately after a trial, and in dispositive motion briefing. Whether we are trying the case or retained as separate appellate counsel, we help our clients preserve the important issues and rulings that will ensure the best case possible on the appellate level.

See How We Can Help You

Use the form below to contact Willoughby Humphrey & D’Antoni to see how our experience and expertise can help you navigate the appellate courts. Our appellate law attorneys are based in Columbia, SC and Charleston, SC.