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 Appellate
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PDF version of this practice group description.
Many attorneys practice with the mistaken belief that
appellate advocacy is merely an extension of practice before a trial
court or motion court. The experienced appellate attorneys at Damon &
Morey understand that appellate practice is a highly specialized area of
practice with its own distinctive rules, philosophies, and standards of
advocacy. Damon & Morey’s appellate attorneys understand that the issues
considered by appellate courts, often involving far-reaching questions
of public policy, are frequently far different from those considered by
a trial court. They understand that appellate issues require a
specialized approach developed after a thorough examination of the law,
the facts of the particular case, and the philosophies of the court
considering the appeal.
Damon & Morey’s appellate attorneys gained valuable
experience from the very beginnings of their careers, serving as
judicial clerks in the Supreme Court’s Appellate Divisions. That
experience provided them with a unique inside view of the operations of
the appellate courts, and continues to aid them in the development of
arguments that will be successful on appeal.
At the firm, Damon & Morey’s appellate attorneys have
handled hundreds of appeals before appellate tribunals in both the
federal and state court systems, and those attorneys have had many
successful appearances before New York’s highest court, the Court of
Appeals. In addition to handling appeals on cases already pending at the
firm, Damon & Morey’s appellate attorneys also assist other attorneys,
writing briefs and analyzing issues to be raised in appeals filed by
attorneys outside the firm.
Damon & Morey’s appellate attorneys also understand
that the process of successful appellate advocacy begins long before a
notice of appeal is filed. Success or failure on appeal often depends
upon the preservation of arguments in the lower court, or upon the
submission of evidence, or of an offer of proof. For these reasons,
Damon & Morey’s litigation attorneys actively consult with the firm’s
appellate attorneys at every stage of litigation. Similarly, Damon &
Morey’s appellate attorneys often assist other counsel at the trial
stage, performing monitoring and strategic functions, in order that all
arguments are made timely and appropriately preserved. A significant
advantage of the retention of Damon & Morey’s appellate attorneys is
that the client also gains access to Damon & Morey’s entire litigation
department, which is one of the largest and most successful litigation
departments in upstate New York. The litigation practice extends to both
insureds and self-insureds in all areas, including medical malpractice,
products liability, labor law, professional liability, toxic torts, and
construction accident litigation.
Damon & Morey’s appellate practice group has established an excellent
reputation in New York’s legal community. Our knowledge, research and
writing skills, high level of advocacy, and state-of-the-art technology
allow us to handle appeals promptly, efficiently, and skillfully, with
the confidence that our client’s arguments are presented in the best
manner possible.
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