We handle almost any kind of appellate proceeding, including appeals from final judgments and appealable non-final orders, as well as original proceedings such as petitions for writs of certiorari, prohibition, mandamus, and habeas corpus. We have substantial experience handling appellate matters in the following areas: commercial litigation, personal injury and medical malpractice, family law, criminal law, civil rights, and class actions.

We represent a wide range of clients - everyday folks, community leaders and politicians, sophisticated professionals and entrepreneurs, small businesses, large corporations, and non-profit organizations.

Our lawyers have handled literally hundreds of appeals in a wide range of courts, including the Supreme Court of the United States, the Supreme Court of Florida, all six of Florida's district courts of appeal, and the United States Courts of Appeals for the Second, Third, Fourth, Sixth, Eighth, Ninth, Eleventh and D.C. Circuits.

Consistent with our view that appellate litigation requires a very different approach and different skills, we have a strict policy of not competing with trial lawyers for trial work. While this means that the vast majority of our work is in appellate courts, we are sometimes called upon to assist a client in a trial court in three main situations.

First, there are sometimes matters that arise on appeal that require related work in the trial court, such as handling post-trial motions, motions involving the record, and motions seeking to recover appellate attorney's fees.

Second, in our criminal defense practice, we occasionally take exceptionally strong collateral challenges to convictions or sentences - i.e., Rule 3.800 motions, Rule 3.850 motions, and federal habeas petitions. If a detailed evidentiary hearing is ordered, we will often look to associate a seasoned trial attorney.

Finally, in all kinds of cases, we offer various trial support services to other lawyers. For example, we are available to assist trial lawyers research and analyze key issues of law and to brief and argue dispositive motions. Effective research and briefing in the trial court can often mean the difference between ultimate success and failure on appeal.

We also provide appellate-related second-chair services during trial. A savvy, strategic-minded trial lawyer can better focus on the flow of the trial if an appellate lawyer is there to focus on issues of preserving legal issues in the record (or minimizing the chance that the opposing party's issues will be preserved).

We can also assist with the precursor to an appeal - post-trial motions. We understand the often complex issues of when post-trial motions toll the time for an appeal, when they are necessary to preserve an issue for appeal, and when they are advisable to posture an issue more favorably for appeal. Even where it is clear that the trial judge will deny a motion for new trial, retaining our firm to prepare a thorough and effective motion can improve the chances of a favorable settlement offer. 

We are proud of the reputation we have earned, but reputations do not win cases. Appeals are mainly decided based on the written briefs filed by the attorneys and occasionally by the attorneys' handling of oral argument before the appellate court. While appellate judges decide cases based on the law and facts of each case and not on the reputation or quality of the lawyers, having an experienced and credible advocate who can clearly and persuasively advocate your position on appeal will maximize the chances of success.

To judge the quality of our work product for yourself, click the links below to see some of our briefs and watch our attorneys in action during oral argument.

Examples of briefs and oral arguments by Rebecca Creed

Examples of briefs and oral arguments by Bryan Gowdy

Examples of briefs and oral arguments by Gray Thomas

Examples of briefs and oral arguments by Thomas Burns

Examples of briefs and oral arguments by Dimitri Peteves

"My own experience in both roles suggests that most of the time the trial lawyer is well-advised to bring in another lawyer to handle the appeal. This is not because appellate law is so arcane that only the cognoscenti can handle it. It is really because the lawyer who handled the trial is often unable to discern the appellate forest from the trial trees. Issues that consumed the trial lawyer are often of marginal significance at best on appeal; issues that seemed trivial during trial may become critical on review."

Hon. Gary M. Farmer, Florida Fourth District Court of Appeal
Arabia v. Siedlecki, 789 So. 2d 380 (Fla. 4th DCA 2001)
(Farmer, J., concurring in part and dissenting in part)

"Effective presentation to a federal court of appeals, or to any appellate court, requires a blend of talents not necessarily found in the typical trial attorney."

Hon. Laurence H. Silberman, U.S. Court of Appeals, D.C. Circuit,
Plain Talk on Appellate Advocacy, 20 Litigation 3 (1994)

"[T]here is a difference between the skills needed in litigating a case before trial and appellate courts. Trial litigation - focusing on jury trials - requires jury arguments that are generally structured to lead ordinary people to decide something based on compelling emotional arguments. . . . Thus, the ability to evoke an emotional response is important in making jury arguments. In appellate advocacy, however, the emphasis switches and the attorney must stress the application of law to facts - keeping in mind the appellate court's concern for uniformity of the law and doing justice ."

Jennifer S. Carroll,
Appellate Specialization and the Art of Appellate Advocacy
74-June Fla. B.J. 107 (2000) (quoting letter to author)

"Most lawyers know little about the inner working of appeals courts. They are not aware of the practical and doctrinal factors that shape appellate review. They do not realize that a judge approaches the appeal in a way that is very different from a lawyer."

Paul R. Michel, U.S. Court of Appeals for the Federal Circuit
Effective Appellate Advocacy 24 No. 4 Litigation 19 (Summer 1998)

We generally accept cases in one of two ways - either from the lawyer who tried the case or from the client directly. Most often, we are contacted by and work exclusively with the trial lawyer with little to no direct contact with the client. We recognize the importance of a strong relationship between the trial lawyer and client, so we dutifully avoid interfering with that relationship.

If a client is already represented by a trial lawyer and is interested in retaining separate appellate counsel, we recommend the client consult with that lawyer first. Just because a client happens to lose at trial rarely means that the trial lawyer did a poor job or should be fired. In some cases, however, the client or the client's family will contact and retain our firm directly.

We have the flexibility to agree to a variety of fee options depending on the circumstances of the case. We can bill on an hourly basis and will occasionally handle a matter on a fixed fee basis. In appropriate cases, we are willing to condition the amount of our fee on the degree of success. For example, we typically defend personal injury or malpractice judgments and occasionally prosecute appeals of defense judgments on a pure contingency basis. We also consider hybrid fee arrangements, such as charging a relatively low hourly rate up front in exchange for a relatively high additional fee if we are successful. Absent special arrangements, the client (or trial counsel, where appropriate) remains responsible for out-of-pocket expenses.

Because of our experience, level of expertise, and reputation, our fees tend to be on the high end of the market. Another lawyer who charges a lesser fee can usually be found if that is the client's most important consideration. We endeavor to provide clients with cost estimates up front, but it is often impossible to estimate with precision. Unless we agree to a fixed fee or cap on our fees in writing at the beginning of the representation, the client should be prepared for the possibility that an estimate will be exceeded.

While our firm handles and has been recognized for its substantial pro bono work, we rarely accept a case on a pro bono basis based solely on a potential client calling or writing. Most of our pro bono work comes from appointments by the courts or referrals from other lawyers or legal aid organizations.

We frequently receive unsolicited requests for advice or representation from potential clients - often inmates. Regrettably, the high volume prevents us from responding to all such requests.

The law allows a person or organization who is not a party to an appeal -but has a direct interest in the issues in the appeal - to seek permission from the court to file a brief as an "amicus curiae," which means "friend of the court." Under certain circumstances, an amicus brief can not only empower an interested individual or organization to have a voice in an important appellate decision, but it can also increase the persuasive force of the case made by one of the litigants if the interests are aligned.

We are available to assist organizations or individuals desiring to file amicus curiae briefs in a pending appeal. For example, we have submitted amicus brief on behalf of National Security Archives, the Educational Fund to Stop Gun Violence, Floridians for Patient Protection, the Florida Justice Association, and the National Association of Consumer Advocates. We have also successfully solicited amicus briefs supporting our clients' positions from organizations including the American Civil Liberties Union, Amnesty International, the Lawyers Committee for Human Rights, the American Bar Association, the Florida Adoption Council, and the Florida Justice Association.

The experience that some of us have as appellate law clerks gives us the necessary perspective to put together an amicus brief that is likely to be read carefully by the court and to be considered helpful.