Appellate Advocacy

Appellate Advocacy

Gandall Law maintains an appellate practice in the Supreme Court of British Columbia, British Columbia Court of Appeal and Federal Court of Appeal as well as in hearings before administrative tribunals.

Appellate advocacy is different from other types of litigation. It necessitates a detailed and comprehensive review of the evidentiary record in the judicial or quasi-judicial body below. It requires in-depth legal research and policy analysis across multiple jurisdictions, academic sources and over many years of jurisprudence. It demands the distillation of complex principles into simple concepts and the identification of competing strands of argumentation that may have renewed relevance. It requires that the practitioner tailor them to particular courts, judges and decision makers. Above all, it calls for an analytical mindset, creative strategies and highly persuasive written and oral advocacy.

 

Trials and hearings are usually focused on facts and the evidence. Appeals are more about the record, the law, and “errors” that warrant appellate intervention. New, outside appellate counsel can bring fresh insight and perspective to assist trial counsel who have typically been involved with the matter for a considerable time.

Gandall Law can assist other lawyers in any of four different roles, depending on your needs: as a behind-the-scenes advisor and/or researcher, in a co-counsel role, or as referral counsel. We are able to help with the substantive matters that lie at the heart of an appeal and with the procedural aspects of appellate work.