Appellate Litigation

Fennemore’s appellate attorneys understand that an appeal is not a second trial. It is a distinct stage of litigation that requires careful analysis of the record and a focused appellate strategy. Fennemore’s appellate attorneys represent clients in state and federal appellate courts across the country, including in matters before the U.S. Supreme Court. We bring focused analysis, persuasive written advocacy, and a detailed understanding of the record to appeals at every stage. Our attorneys also collaborate with trial counsel to preserve issues, strengthen the record, and prepare cases for appellate review.

Members of our team have served as law clerks to state and federal trial and appellate judges, providing valuable insight into judicial decision-making. Our appellate attorneys are regularly recognized by Chambers USA, Best Lawyers, and Super Lawyers, reflecting our commitment to legal excellence and client success.

Fennemore’s appellate attorneys prepare cases for appellate review by identifying the strongest issues and presenting complex legal or factual questions clearly and persuasively. We work closely with trial counsel throughout the appellate process. This collaboration allows us to understand the factual record, procedural history, and strategic considerations without duplicating work or creating unnecessary expense. By combining trial counsel’s command of the case with our appellate experience, we develop focused arguments designed to strengthen the client’s position on appeal.

Fennemore’s appellate attorneys prepare focused amicus briefs that present the client’s perspective clearly and comply with demanding appellate deadlines. We work with clients to identify the issues most relevant to the court and develop arguments that add meaningful value to their consideration of the case. By bringing varied viewpoints and real-world implications to the forefront, an amicus brief can enrich the court’s understanding of the complexities inherent in any legal matter and provide a compelling viewpoint from the amicus’ perspective.

Not every important ruling must, or can, wait for a final judgment. Some orders are immediately appealable, while others may be reviewed only with the appellate court’s permission or through an extraordinary writ. The available procedure depends on the jurisdiction, the nature of the ruling, and the harm that could result if review is delayed. Fennemore represents clients seeking and opposing interlocutory appellate review in federal and state courts. Our attorneys handle interlocutory appeals, petitions for permission to appeal, and extraordinary-writ proceedings, including petitions for special action in Arizona, Rule 21 relief in Colorado, and petitions for writs of mandamus or prohibition in federal and state courts. We have pursued mandamus relief in courts including the Ninth Circuit and the Nevada Supreme Court.

These proceedings move quickly and require focused advocacy. We help clients determine whether immediate review is available, select the appropriate procedural vehicle, preserve the relevant issues, and present a concise explanation of why appellate intervention is—or is not—warranted before final judgment.

Fennemore’s appellate attorneys work alongside trial counsel before, during, and after trial to preserve issues for appellate review and strengthen the record.

Our attorneys can assist with objections, evidentiary issues, jury instructions, dispositive motions, and other pretrial and post-trial matters that may affect a later appeal. By identifying appellate issues early and helping ensure that arguments are properly raised and preserved, Fennemore’s appellate counsel can reduce procedural risk and position the case for effective review.

This collaboration between trial and appellate counsel helps create a clear, complete appellate record and improves the client’s ability to pursue or defend an appeal.