Appeals and Legal Research
Effective appellate representation demands different skills than those required of litigation attorneys.
As a technical matter of skill, it requires an ability to discover, comprehend and assess for success what legal issues are underlying a case. On an analytical level, it requires an ability to quickly grasp the nuances of the facts and the subject-matter of the case and the overarching policy concerns surrounding it, no matter where it sits along the litigation spectrum. Finally, on a procedural level, appellate practice is much more than just filing a brief and arguing a case. Appellate practitioners must be fully prepared to wield the powerful tools that allow appellate litigation to fully change the orientation of the parties and their relative standing vis-a-vis one another. This includes the filing of emergency appeals, motions for expansion of the appellate court record, and other procedural conventions that may be needed to aggressively address a given case. It also means considering the policy issues at play and reaching out to other similarly situated organizations and parties who may be interested in the outcome of the case. This “amicus” wrangling, as it were, forms a critical part of Lex Fori’s practice and is addressed in more detail in our section on amicus curiae brief writing.
Over the course of his two decades as an appellate practitioner, Attorney Carson J. Tucker has demonstrated an adeptness at analyzing the intricacies of each case from an objective and critical perspective. From reviewing and preparing the lower court record, identifying appealable errors, and developing a strategy to raise issues that will be addressed by appellate courts, Mr. Tucker is capable of handling the most complex appeals from the early litigation stage to oral advocacy before the highest courts.
Insurance Coverage and Defense
In high-exposure, catastrophic loss insurance coverage disputes, multiple parties (sometimes in multiple jurisdictions) are seeking to understand the nature of the liabilities at stake and the potential assets and resources available to pay for them. For businesses and private individuals, the availability, or non-availability of insurance is a critical factor in decision making.
For insurers, excess insurers and reinsurers, the nature of the claim or claims, the potential coverage and defenses, and their monetary value is critical to understanding options and making informed decisions regarding a response.
Let us help you navigate the intricacies of the business of risk, accurately analyze the value of potential liabilities and assets, and help you to make informed decisions about current and future action.
Environmental Law and Policy
With a Master’s Degree in Environmental Law and Policy Studies from one of the nation’s premier law schools in the subject, Mr. Tucker has utilized his specialised expertise and knowledge in this complex and dynamic area of the law as a force multiplier in addressing client needs.
Multiple international, federal and state regulatory controls exist to address the impact of private and public action impacting the environment. Mr. Tucker’s education and background has given him the ability to analyze legal issues concerning the environment from the broadest possible perspective taking into account all ecological concerns and policy matters within existing legal parameters.
Amicus Curiae Briefs
Amicus curiae (“friend of the court”) briefs are a powerful tool that allow interest groups and other individuals and entities to participate in litigation when they are not a direct party to the dispute. Amicus briefs can present courts with new or alternative legal positions, social scientific and factual information, and perspectives regarding the policy implications of their potential decisions.
The amicus curiae brief is often presented in an attempt to persuade the courts to endorse a particular outcome in the case.
As one legal scholar has said:
“[A]micus briefs offer social movements a means to participate in the judiciary, thus potentially increasing its democratic responsiveness.” Collins, The Use of Amicus Briefs, 14 Annu. Rev. Law Soc. Sci. 219-237 (April 25, 2018).
Amicus curiae briefs are an essential weapon in the appellate lawyer’s arsenal. Whether you are an appellate attorney seeking to generate interest and potential amicus support about a case you have, or if you are an entity or organization that is looking for a quality amicus curiae brief, Lex Fori can provide you with all the technical skill, information and work product that you need to fulfill this important function of modern legal practice.