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.