Appellate Attorneys

Kimball R. Anderson
Eric W. Bloom
Linda T. Coberly
Todd J. Ehlman
Steffen N. Johnson
Lee T. Paterson
Gene C. Schaerr
James R. Thompson

Winston & Strawn – Appellate and Critical Motions Practice

Winston & Strawn’s Appellate & Critical Motions Practice provides its clients with sophisticated appellate advocacy and analysis — beginning before trial and continuing to the U.S. Supreme Court. This group was formed in 2005, organized around appellate attorneys in our Washington D.C. and Chicago offices. Since then, the group has assembled a remarkable collection of talent from both inside and outside the firm, with members in all of our domestic offices, and has quickly established itself in a position of prominence in U.S. Supreme Court practice and high-stakes appellate work across the nation.

We pride ourselves on providing a highly effective “interface” between the business community and the courts, and particularly the U.S. Supreme Court. In the short time since its inception, members of our appellate group have argued five cases before the U.S. Supreme Court and submitted briefs in dozens more, including in several of the most high-profile cases on the Court’s docket. Our attorneys — many of whom served as law clerks either at the Supreme Court or in other prestigious appellate courts — have collectively argued cases in all of the federal courts of appeals, as well as in state supreme and appellate courts across the country. Clients seek out Winston appellate lawyers for their clear and persuasive briefs, their strong oral advocacy, their extensive experience in many of our nation’s most influential appellate courts, their sensitivity to clients’ cost concerns, and their collegial approach to working with clients and other lawyers.

Great appellate work begins at the trial level. Our appellate attorneys often work with trial teams to lay the groundwork for future appeals. They partner with trial counsel to ensure that the critical motions filed before and after trial are prepared with an eye toward protecting favorable judgments, while enhancing the probability that unfavorable judgments will be reversed. Because of this early integration with Winston trial teams, our appellate attorneys have an intimate knowledge of these cases and can move quickly when a critical motion or appeal is required. The firm’s appellate group also routinely consults with clients and trial counsel on significant legal issues before and during trial, ranging from jurisdictional and venue issues to the admissibility of expert evidence to the development of a strategy on claims for punitive damages. Our attorneys are also are skilled at obtaining interlocutory review and will vigorously seek such relief when necessary. In short, our appellate attorneys work, and excel, in the trenches of trial.

Excellence in Legal Writing

Excellent writing is our hallmark. From partner to associate, all the attorneys in our Appellate & Critical Motions Practice are committed to producing the highest quality written advocacy.

Our philosophy of writing is simple. Great writing is clear, concise, and compelling. We know the importance of telling the client’s story as persuasively as possible, all the while focusing the court’s attention on the specific legal issues that are most important to the appeal or motion. Our goal is to make it as easy as possible for the court to rule in our client’s favor — providing all the necessary legal authority, facts, and common-sense reasons the court will need to reach the right result. We also work hard to ensure that our client and our colleagues on the trial team have ample opportunity to review and work with us on any brief we write.

We provide extensive formal and informal writing training for lawyers at all levels of practice. Our partners work closely with associates in “apprenticeship” fashion, helping them to develop excellent writing skills and the ability to prepare high-quality first drafts. As a result, we are able to work very efficiently and to give junior lawyers significant responsibility where appropriate, minimizing cost for our clients.

At the same time, our more senior lawyers are intimately involved in every case from the outset, outlining the key arguments, making strategic decisions, and setting the tone for every brief. The partners in our group are committed to extensive, hands-on involvement in all their cases, spending as much time as necessary to meet the client’s preferences and ensure the best result.