Appellate Advocacy

Appeals require a different approach than trials. Appeals turn on identifying errors of law, interpreting precedent, and at times advocating for precedential shifts. Appellate advocacy demands a distinct skill set, often combining complex legal analysis, strategic framing of issues, and knowledge of appellate procedure.

Field Law’s Appellate Advocacy group focuses exclusively on appeals. We support clients and counsel at every stage of the appellate process, from early assessments through to final argument.

Our role is flexible. We can manage an appeal from start to finish, provide strategic advice behind the scenes, or assist trial counsel with targeted appellate work such as issue identification, factum drafting, or record preparation.

Our Appellate Services

Pre-Appeal Advice

• Assessing potential grounds of appeal and prospects of success
• Identifying strategic issues
• Advising on whether an appeal is worth pursuing

Notices, Motions + Interim Relief

• Preparing Notices of Appeal within tight timelines
• Preserving rights through stay applications and other interim motions
• Managing appellate deadlines and procedural requirements

Written Advocacy

• Drafting and revising factums
• Strategic issue framing and jurisprudential research
• Editing and refining submissions prepared by trial counsel

Full Appellate Representation

• Managing appeals from start to finish
• Preparing appeal records and books of authorities
• Oral advocacy before appellate courts
• Leave applications to the Supreme Court of Canada

Post-Appeal Advice

• Interpreting appellate decisions
• Advising on risk, implications, and next steps

How We Work with Counsel + Clients

We provide appellate advocacy services to both counsel and clients. Our work often involves acting as appellate counsel for lawyers who prefer not to handle appeals themselves or who want a second set of eyes on an adverse decision. We also act directly for clients who are seeking new counsel at the appeal stage.

When we are retained by external counsel:

• The referring firm retains the client relationship
• We work collaboratively with trial counsel
• Our role is tailored to the needs of the appeal

Our approach is flexible by design. We can provide discreet, behind-the-scenes support or take carriage of an appeal, depending on what best serves the client and the file.

Thinking About an Appeal?

Whether you need an early opinion, help strengthening written submissions, or full appellate representation, our Appellate Advocacy group can step in at the level that works best for you and your counsel.