WEISS & KAHN, P.A.

Appellate practice is no exception to the law’s drift into complexity and specialization. A lawsuit can collapse at the appellate level— to mention but a few pitfalls—if a party misses the arcane deadlines on timely filing, misconstrues the standards of appellate review, clutters a brief with distracting detail, over-emphasizes minor errors at the expense of key issues, crosses the line between advocacy and mischaracterization, or ignores the specialized appellate rules on fees and costs.

Creative appellate advocacy has become even more critical to a lawsuit’s fate as case loads expand and appellate courts look for ways to expedite their handling of cases. Ways to reduce appellate judges’ work loads include screening notices of appeal for jurisdictional defects that require dismissal, establishing “fast track” methods for certain types of appeals, making oral argument the exception rather than the rule, and establishing (sometimes mandatory) appellate mediation programs.

Weiss & Kahn’s appellate practice covers all aspects of appellate litigation in state and federal courts, as well as specialized administrative appeals (such as those before the U.S. Department of Justice, Executive Office for Immigration Review, Board of Immigration Appeals). We serve not only our own clients, but also civil and criminal trial lawyers and their clients. Our services include litigation support, and legal analysis and clarification of complex issues that arise during representation.

Because appellate questions arise both during and after a lawsuit, appellate expertise may be critical throughout litigation. We provide this expertise to our clients, and to other attorneys and their clients, who seek assistance in deciding on the wisdom of pursuing an appeal at all, developing the basis for an appeal or its defense, writing appellate briefs, drafting motions, and presenting oral argument. We handle interlocutory appeals, post-trial motions, post-trial appeals, and extraordinary writs.

Weiss & Kahn offers litigation support on substantive and procedural issues, and on the preparation and presentation of trial motions and legal memoranda. We tailor our support to the needs of clients and trial counsel—ranging from unraveling legal puzzles or preparing court papers on an ad hoc basis, to constant case monitoring and co-counseling on legal issues that arise during trial.

Firm members hone the quality of their writing, research, and oral advocacy in their frequent appearances at professional conferences, and writing of professional and academic articles.