Blankingship & Keith represents clients in appeals before the Court of Appeals of Virginia, the Supreme Court of Virginia, and the U.S. Court of Appeals for the Fourth Circuit. Based in Fairfax, our appellate attorneys handle appeals across Virginia and also work with trial lawyers before and during trial to identify appellate issues, preserve error, and position cases for possible appeal.
Appeals in Virginia
An appeal is not a second trial. Appellate courts generally review claims of legal error based on the record created below, which means that the issues available on appeal often depend on what happened, and what was properly preserved, in the trial court.
Our appellate attorneys represent both parties seeking to overturn adverse rulings and parties seeking to preserve favorable judgments. We handle appeals involving personal injury, family law, commercial disputes, real estate, land use, and other civil matters.
Our work can include evaluating whether an appeal should be pursued, identifying the strongest appellate issues, preparing briefs, presenting oral argument, and advising clients and trial counsel throughout the appellate process.
Trial Consulting and Preserving Issues for Appeal
Appellate work often begins before the trial ends.
A potentially significant legal issue may never be reviewed on appeal if it was not raised at the right time and in the right way in the trial court. For that reason, our appellate attorneys regularly work with trial counsel before and during trial to identify potential appellate issues and help preserve them for later review.
That work can include developing legal theories, assisting with dispositive and post-trial motions, monitoring trial proceedings, addressing evidentiary and procedural issues, and helping ensure that the record reflects the arguments that may matter on appeal.
In high-stakes litigation, involving appellate counsel before the case reaches the appellate court can help trial lawyers protect favorable rulings and avoid losing potentially important appellate issues.
Working With Trial Counsel
Blankingship & Keith regularly works with other attorneys who want appellate assistance while maintaining their relationship with the client and their role in the underlying case.
Our involvement can be as limited or extensive as the matter requires. We may consult on a discrete legal issue, help develop an argument or motion, assist with preservation during trial, evaluate a possible appeal after judgment, or handle the appellate proceeding itself.