Appellate Advocacy

Led by William W. “Billy” Wilkins, former Chief Judge of the U.S. Court of Appeals for the Fourth Circuit, Nexsen Pruet’s Appellate Advocacy Practice Group provides clients a level of experience, skill, and knowledge that is rare among law firms in the region. We handle cases that originate within the firm as well as those from other firms and attorneys, and represent clients before government agencies and state and federal courts.

Our Appellate Section has a long history of success in venues that include, but are not limited to:

• The U.S. Supreme Court
• The U.S. Court of Appeals for the Fourth Circuit
• The U.S. Court of Appeals for the Ninth Circuit
• The U.S. Court of Appeals for the Federal Circuit
• The U.S. Court of Appeals for Veterans' Claims
• The South Carolina Supreme Court
• The North Carolina Supreme Court
• The South Carolina Court of Appeals
• The North Carolina Court of Appeals
• State and federal agencies

Our attorneys recognize that the key to a successful appeal is the ability to present a logical, thoroughly researched legal argument in a compelling manner. Critical to that is an understanding that the appellate practice is very different from the trial practice. It is about the application of the law to the facts – not making emotional arguments – and we have the ability to state cases and frame legal issues in the most convincing manner possible.

We also know that having a case that is strong on technical merits often isn’t enough. The law and the facts have to make sense, and we have broad, deep experience in the essential tools of what is necessary for the court to accept our clients’ positions:

Brief writing:  Often considered the centerpiece of the appeal, written briefs must be well researched, straightforward, clear, and concise. Our attorneys prepare written briefs that are direct as well as forceful, raising the right arguments and stressing the right facts in the right way.

Oral arguments:  We focus on the legal arguments rather than just the facts in oral presentations, and understand how to respond to judges’ questions effectively without losing sight of our clients’ positions.

In addition to having the technical and legal skills required to make the strongest possible case, Nexsen Pruet’s Appellate Advocacy Group also offers clients another unique advantage: A thorough understanding of the appellate process.   

This is critical because there are a wide range of challenges and hurdles – many of them hidden – that can surface during an appeal. We know where they are and how to overcome them, helping clients navigate the complex rules that are at the core of the process.  We are tenacious advocates whose foremost concern is for the well being of the individuals and institutions we serve.

And, our services go beyond just briefing and arguing appeals. Our appellate lawyers often work with Nexsen Pruet's litigation counsel during the pre-trial, trial, and post-trial stages of a case. This level of collaboration has proved highly beneficial to clients when the litigators address discovery and other pretrial motions, jury instructions, and other issues vital to the protection and preservation of the record on appeal. We have also been frequently been asked to monitor and/or consult on trials conducted by other firms.

Check out our blog "On the Docket" that features news and updates on appellate litigation in North and South Carolina: