Appellate

 

Appellate practice is unique.  Trial practice focuses upon persuading a group of non-lawyers to reach a favorable verdict based on the presentation of factual evidence within the parameters of existing law.  Appellate practice, on the other hand, focuses upon persuading a group of seasoned judges to reach a favorable decision based upon legal argument, logical reasoning, and the record compiled in the district court.  Not surprisingly, the abilities and skills necessary to be successful at trial do not necessarily translate to success on appeal, where a highly-specialized knowledge of substantive law, standards of review, and appellate procedure is required.  Experienced appellate counsel can often make a significant difference in the results on appeal.  Experienced appellate counsel can also provide invaluable input and guidance before an appeal is undertaken by dispassionately analyzing issues, collaborating on critical pre-trial motions, formulating jury instructions, and monitoring trial proceedings for reversible error.

Hall & Evans understands appellate practice and its important role in fully representing its clients.  That understanding is demonstrated by our long-standing Appellate Practice Group populated by former judicial clerks and staff counsel, almost all of whom have sat elbow-to-elbow with appellate and supreme court justices, learning the process from the inside out.  Our understanding of appellate practice also stems from having handled over 1,800 appeals in Colorado appellate courts, which provides both the basis for our appellate attorneys’ enviable reputation as well as their expertise in best representing the interests of our clients, whether in the Colorado Court of Appeals, the Colorado Supreme Court, the United States Court of Appeals for the Tenth Judicial Circuit, or other state appellate courts in Wyoming and Montana.

For more than 85 years, Hall & Evans has been instrumental in shaping the law throughout the Rocky Mountains.  We have been on the right side of hundreds of decisions, representing parties, amicus curiae, and trade associations.

We have the resources, ability, and willingness to take an appeal from start to finish.

Alan Epstein and Brian Molzahn Co-Chair the Appellate Practice Group.

  • State Farm v. Kastner, 77 P.3d 1256 (Colo. 2003), in which the Colorado Supreme Court held that automobile insurance policies in Colorado do not cover intentional assault injuries inflicted in an automobile.
  • University of Denver v. Whitlock, 742 P.2d 932 (Colo. 1987), which is a seminal Colorado Supreme Court decision defining the elements of legal duty in Colorado.
  • Heil Valley Ranch v. Simkin, 784 P.2d 781 (Colo. 1989), in which the Colorado Supreme Court resolved a long-standing dispute in the law by holding that an exculpatory contract, which did not expressly use the term “negligence,” nonetheless barred claims for injury arising from negligence.
  • Keller v. Koca, 111 P.3d 445 (Colo. 2005), which established the parameters of the tort of negligent supervision in Colorado.
  • Allstate
  • Chartis
  • State Farm
  • Travelers
  • Zurich
  • Colorado Bar Association – Appellate Practice Subcommittee
  • Denver Bar Association
  • Colorado Defense Lawyers Association – Appellate and Amicus Curiae Committee
  • Defense Research Institute