At Kelly Hart, we recognize that complex legal problems require innovative solutions which venture into uncharted territory. We pride ourselves in playing a leading role in developing Texas law. Kelly Hart's Appellate attorneys have made appearances in all Texas Appellate courts—frequently arguing before the Texas Supreme Court. Successful appeals have also been presented to the federal circuit courts of appeal, with regular appearances before the United States Court of Appeals for the Fifth Circuit.
We do not limit our role to advocacy. We believe attorneys should be trusted counselors as well. Accordingly, we believe it is important that clients receive an upfront, realistic appraisal of their chances on appeal.
Many of our attorneys have enjoyed an active trial practice, and as a result have practical courtroom knowledge not shared by some appellate attorneys. While our emphasis is on appeal, we frequently appear in trial courts both before and after judgment. Our practice includes:
- Pretrial motions: We frequently prepare and present motions for summary judgment and pleas to the jurisdiction which, in some instances, can bring a quick close to litigation.
- Writs of mandamus and prohibition: These specialized appellate proceedings are used to challenge unfavorable rulings. We are often asked to bring or defend such actions.
- Jury charge preparation: We frequently prepare the questions and instructions that are presented to a jury. We also have experience in objecting to the court's charge.
- Post-trial motions and direct appeals: After a verdict has been returned, we review the trial court record and prepare post-verdict motions to make the best use of the jury's answers and legal authority. Thereafter, we analyze and research legal issues for preparation of appellate briefs.