Effective appellate advocacy requires the finely tuned ability to review the record with a critical eye; to determine the viability of an appeal; to identify, analyze, and brief determinative legal and factual issues; and to present a logical and persuasive oral argument before the tribunal. This practice can be more demanding than trial. The record on appeal is usually fixed, the standards that permit relief are more stringent, and months of litigation must be condensed into an appellate brief. Unlike a jury trial, an oral argument provides an appellate attorney with only minutes to present a clear and forceful argument. Persuasive legal writing and oration are essential.

With extensive experience, and attorneys who have served as law clerks in the United States Courts of Appeals for the Seventh Circuit, the Supreme Court of Ohio, and Ohio appellate courts, Bricker & Eckler’s appellate practice group is prepared to handle any challenge in federal or state appellate courts in Ohio.

Bricker & Eckler recognizes that appellate decisions not only have an impact on the case at hand, but also influence the development of the law. Because Ohio Supreme Court decisions and other appellate decisions may affect clients and even entire industries that are not before the Court, Bricker & Eckler also maintains an active amicus practice in Ohio state and federal courts. Bricker & Eckler’s appellate practice group has experience working with attorneys in and outside of Ohio in seeking jurisdiction and handling all other aspects of appeals in the Ohio Supreme Court.

In addition to handling all aspects of appeals from trial courts to appellate courts, Bricker & Eckler’s appellate attorneys:

• counsel clients on federal and state appellate practice and procedure

• work with trial counsel to brief important legal issues, preserve issues for review, and resolve potential problems before they arise

• prepare memoranda in support of jurisdiction and opposing jurisdiction in the Ohio Supreme Court

• work with attorneys in and outside of Ohio to pursue appeals in Ohio state and federal courts

• pursue and defend extraordinary writs (mandamus, prohibition, and procedendo)

• track Ohio appellate decisions for trends and developments on behalf of clients

• identify amicus curiae (“friend of the court”) opportunities for trade associations, coalitions, and individual corporate clients

• prepare amicus curiae (“friend of the court”) briefs

• pursue and defend state administrative appeals (i.e., Ohio Board of Tax Appeals, Ohio State Medical Board, State Employee Relations Board, Ohio State Racing Commission, etc.)

Substantive Law Areas of Appellate Practice