appellate practice

Appellate practice involves different skills and strategic considerations than trial practice. Michelle is experienced in advocating and defending cases in state and federal courts of appeal.

A court of appeal takes appeals from the district courts. In Louisiana, our appellate system has five courts known as the Louisiana Circuit Courts of Appeal, which serve as intermediate appellate courts. The Circuit Courts of Appeal have jurisdiction in civil cases, cases appealed from family and juvenile courts, and most criminal cases. They review and supervise district court cases and sometimes defer questions of law to the Louisiana Supreme Court.

As an appellate attorney, the first determination for Michelle to make is whether to file an appeal or apply for a writ. She then makes the appropriate filing on behalf of her client, and the appeals process officially begins. Depending upon the nature of the case and the issues to be considered, Michelle may make other filings and requests as deemed necessary to protect her client’s interests.

An appeal is a petition to a higher court by the losing party in a lawsuit to overturn a lower court’s ruling. An appeal may only be filed after the lower court has issued a final judgment or order. Once the lower court makes its ruling, the losing party has a set amount of time to file a notice of appeal, which starts the clock running in the appeals process. Michelle cautions her clients that the chances of success on appeal are relatively low, as appeals courts will only overturn judgments and orders that contain clear, serious errors of law.

A writ is directive from a higher court ordering a lower court or government official to take certain action. If the losing party files a writ application, then the higher court has discretion to either grant or deny the writ and review the lower court’s decision accordingly. Writs are only granted for a limited number of reasons, usually when a lower court has wrongly decided an issue, irreparable harm would occur to a party, and there are no other options. Unlike appeals, writs are immediate and extraordinary orders that disrupt the normal course of proceedings and potentially cause disorder and delay. Courts don't take such matters lightly, which is why they’re often reluctant to issue writs.

As you can see, appellate practice is very detail-oriented, and there are strict procedural guidelines that must be followed. Otherwise, the appeals court may refuse to review your case altogether. An experienced appellate attorney will know the differences between federal court and state court procedures, and how those procedures differ even further among the five Louisiana Circuit Courts of Appeal. Michelle has the experience to effectively handle your case and the diligence to maintain a strong level of commitment throughout the appeals process.

In addition to handling cases for her own clients, Michelle writes persuasive appellate briefs for other attorneys and their clients in state and federal courts of appeal. Please contact our office for more information on her brief-writing services.