Having handled more than 600 appeals in state and federal courts, Kay Nord Hunt, chair of Lommen Abdo’s Appellate Section, knows that there is a distinction between trial work and appellate advocacy that is sometimes difficult to discern when you are close to a case. Her clients find that it is helpful to engage an independent opinion to rise above the minutiae of the trial and refocus on the pivotal issues for appeal. Appellate counsel sees the case the same way an appellate court does -- from a written record.
The appellate advocate can make more objective decisions than the trial attorney about which facts are most beneficial, which issues were best preserved for appeal, and which issues present the best avenues for appeal. The best appellate lawyers understand how appellate judges think, they know the standards of review, and they can focus on making the appeal as persuasive as possible. Because Lommen Abdo is a broad-based litigation and business firm, the Appellate Section, which includes Ms. Hunt, Bryan Feldhaus, Brett Clark and Leah Isaakson, has handled appeals in virtually every area of the law before the Minnesota and Wisconsin state and federal appellate courts. The Appellate Section handles appeals for our clients as well as appeals on cases initiated by other firms. Lommen Abdo associates with other counsel across the country on a pro hac vice basis to provide assistance with appeals. Lommen Abdo's appellate department on average appears before the Minnesota Court of Appeals and the Minnesota Supreme Court 25 to 50 times a year. It also provides appellate services in such specialty courts at the U.S. Tax Court and the Workers' Compensation Court of Appeals.
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Lommen Abdo’s Appellate Section represents clients in disputes involving securities, liens, family law, insurance, employment, contracts, bankruptcy, professional liability and many other matters. The attorneys work closely with trial lawyers and handle temporary injunctions, certification matters and other complex hearings; prepare or respond to motions to exclude expert testimony, motions for summary judgment and other dispositive motions, motions seeking sanctions and post-trial motions; monitor trials to preserve issues on appeal; prepare trial briefs; and handle mandamus or interlocutory appeals. As noted earlier, the appellate attorneys will work directly with the client or associate with counsel to assist them on appeal.
We traditionally charge for most appellate work on an hourly basis. However, alternative billing methods can provide you with greater predictability as to the total fee you will have to pay and help you budget for the year. Some alternative billing methods also provide for a sharing of the risk between you and Lommen Abdo. We are happy to work with you to find a mutually beneficial alternative billing method when possible. There are a number of options we can consider, including a modified hourly rate with a success fee or a fixed fee.
Reasons for retaining independent counsel were explored in an article in the newsletter for small firms on law practice management issues, You Manage Law. Best Lawyers has named Kay Nord Hunt the “Minneapolis Best Lawyers Appellate Practice Lawyer of the Year” for 2012. Best Lawyers is one of the oldest and most respected peer-review publications in the legal profession. Read more.
Ms. Hunt is a member of the prestigious American Academy of Appellate Lawyers. She has on the Minnesota Super Lawyers list, including the list of Top 100 Minnesota Super Lawyers She is an adjunct professor at the University of St. Thomas School of Law, teaching appellate law. She is a frequent lecturer on appellate practice issues at CLE programs. She spoke on appellate ethics at the American Bar Association’s 2001 National Conference on Professional Responsibility.
Kay Hunt describes her appellate practice in the following videos:
How Appellate Advocacy Differs from Trial Practice |
State vs Federal Appeals |
The Difference in How an Appellate Court Views the Case |
Family Law Appeals |
“A Fresh Look” at the Case |
We would be pleased to answer any questions you may have about the services of our Appeals attorneys. Any questions may be directed to:
In Minnesota:
Kay Nord Hunt at 612-336-9341 or kay@lommen.com
In Wisconsin:
Kay Nord Hunt at 612-336-9341 or kay@lommen.com
or any of the attorneys in this practice area pictured below.
Additional Information:
The Minnesota Judicial Branch recently launched its new website and is offering streaming video of selected oral arguments of the Minnesota Supreme Court online. To view oral arguments, go to www.mncourts.gov and click on the icon for the Minnesota Supreme Court. Then follow the link to "oral arguments" to access the video. You can also access Supreme Court oral arguments as streaming video directly at www.tpt.org/courts. Oral arguments are best viewed via a high-speed internet connection using a computer with a fast processor and 512 MB or more of random access memory (RAM).