Appellate Attorneys in Texas

An appeal asks a higher court to decide whether the trial court got the law or the procedure wrong. It is not a second trial: the appellate court reviews the record made below, and the deadline to start an appeal is short. For a business that has lost a judgment, or won one the other side is appealing, an appellate attorney evaluates which errors were preserved, which court will hear the case, and how much time is left to act.

Texas has fifteen intermediate courts of appeals. Fourteen cover regional districts, and the Fifteenth Court of Appeals covers every county in the state (Government Code § 22.201). The Fifteenth Court has exclusive intermediate appellate jurisdiction over many civil cases brought by or against the State or its agencies, subject to a list of exceptions, and over cases challenging the validity of a state statute or rule when the attorney general is a party (§ 22.220(d)). It also hears appeals and original proceedings from the Texas Business Court (§ 25A.007). Above the courts of appeals, the Supreme Court of Texas has final say in civil cases and the Court of Criminal Appeals in criminal cases. Appeals from federal courts in Texas go to the U.S. Court of Appeals for the Fifth Circuit. Disputes that lead to appeals are covered in the guides to commercial litigation attorneys in Texas and real estate litigation attorneys in Texas.

What Appellate Attorneys Handle

Civil and Commercial Appeals

Most appeals that affect a business arise from contract disputes, business torts, partnership and shareholder fights, real estate cases, and insurance litigation. Appellate counsel reviews whether the trial court applied the law correctly, whether the evidence supports the verdict, and whether the objections needed to raise an issue on appeal were made at trial. They prepare the briefs, respond to the other side’s briefs, and argue the case if the court hears argument. The result can be an affirmance, a reversal, a modified judgment, or a remand for a new trial.

Business Court Appeals

The Texas Business Court hears certain commercial and governance disputes. Appeals from its orders and judgments go to the Fifteenth Court of Appeals, and they follow the same procedure as appeals from a district court (§ 25A.007). A business litigating in the Business Court should plan its appellate strategy with that court in mind.

Interlocutory and Accelerated Appeals

Some orders can be appealed before the case ends, such as temporary injunctions and orders appointing a receiver. These accelerated appeals have a much shorter deadline, typically 20 days after the order is signed, and post-trial motions do not extend it (Texas Rule of Appellate Procedure 26.1(b)).

Original Proceedings

When a trial court ruling cannot wait for a final judgment, a party can ask the appellate court for an extraordinary writ, most often mandamus, which asks the higher court to order the trial judge to act or to undo a ruling. Mandamus is commonly used in discovery and privilege disputes and in challenges to orders that would cause harm an ordinary appeal could not fix.

Criminal Appeals and Post-Conviction Relief

Business owners and executives sometimes face criminal charges tied to their companies. Criminal appeals challenge convictions and sentences, and in criminal cases a common issue is ineffective assistance of trial counsel. Texas criminal appeals have their own deadlines under Rule 26.2, separate from the civil rules. After a conviction becomes final, Texas law provides habeas corpus procedures in Chapter 11 of the Code of Criminal Procedure, with different procedures for different kinds of convictions.

How to Choose an Appellate Attorney

Appellate focus. Briefing and argument call for different skills than trying a case. Ask how much of the attorney’s practice is appeals and original proceedings.

The right court. Ask about experience in the court that will hear your case, whether a regional court of appeals, the Fifteenth Court of Appeals, the Supreme Court of Texas, or the Fifth Circuit.

Briefing. Appeals are mostly decided on the written briefs. Ask for samples of the attorney’s appellate briefs or published opinions in cases the attorney handled.

Early involvement. Deadlines are strict, and an extension of the time to file a notice of appeal is narrow: in a Texas civil appeal, the motion must come within 15 days after the deadline (Rule 26.3). Bringing appellate counsel in before or during trial also helps make sure issues are preserved.

Texas Appellate Attorneys

Jackson Walker LLP

Location: Houston, Dallas, Austin, San Antonio (statewide)

Website: https://www.jw.com

Phone: (713) 752-4200

Jackson Walker’s appellate practice has earned Tier 1 national ranking in Best Law Firms by Best Lawyers since 2020, with Tier 1 metropolitan rankings in Austin, Dallas/Fort Worth, and Houston. Seventeen attorneys are recognized in The Best Lawyers in America for Appellate Practice. The team includes attorneys who have clerked for justices, served on the Texas Supreme Court Rules Committee, and held positions on the Board of Disciplinary Appeals and Texas Judicial Council. Former Chief Justice Nathan L. Hecht of the Texas Supreme Court recently joined the firm as a partner.

Practice Focus: Civil appeals in state and federal courts, bet-the-company litigation appeals, constitutional issues, administrative law appeals, insurance disputes, condemnation and eminent domain, class action appeals, original proceedings including mandamus

Clouthier Law

Location: The Woodlands, Texas (Houston area)

Website: https://www.clouthierlaw.com

Phone: (346) 443-4300

Lead attorney Susan J. Clouthier, a 2007 graduate of the University of Houston Law Center, focuses entirely on appellate law. The firm represents clients in criminal, civil, and family law appeals in Texas state courts and federal courts including the Fifth, Ninth, Tenth, and Eleventh Circuits, as well as the U.S. Supreme Court. The practice handles bankruptcy appeals and post-conviction matters including habeas corpus petitions. The firm emphasizes accessibility, ensuring clients have direct contact with their appellate attorney.

Practice Focus: Criminal appeals and post-conviction relief, civil appeals, family law appeals, federal appeals in multiple circuits, bankruptcy appeals, original proceedings, Texas Court of Criminal Appeals matters

Law Office of Niles Illich, Ph.D., J.D.

Location: Dallas-Fort Worth area

Website: https://appealstx.com

Phone: (972) 204-5452

Attorney Niles Illich served as a briefing attorney for a Justice on the First Court of Appeals in Houston before entering private appellate practice. This judicial experience provides insight into how appellate courts evaluate cases and reach decisions. The practice handles both criminal and civil appeals, representing clients convicted of crimes ranging from DWI to murder and civil litigants seeking to protect or challenge trial court judgments.

Practice Focus: Criminal appeals including aggravated robbery, sexual assault, DWI, and murder cases, civil appeals, commercial law disputes, family law appeals, business dispute appeals

Costs and Fees

Appellate work is billed hourly or by flat fee for a defined stage, such as evaluating the record, writing the opening brief, or handling oral argument. The size of the record, the number of issues, whether there are cross-appeals, and whether the case goes on to the Supreme Court of Texas all drive the cost. Some firms charge for an initial review of the judgment and record before agreeing to take the appeal. Ask for a written fee agreement that sets out which stages are included.

Frequently Asked Questions

How long do I have to file an appeal?

In a Texas civil case, the notice of appeal is generally due 30 days after the judgment is signed. A timely qualifying post-judgment motion, such as a motion for new trial, extends that to 90 days, and an accelerated appeal is due in 20 days (Rule 26.1). In federal court, a civil notice of appeal is generally due within 30 days after entry of the judgment, or 60 days if the United States or a federal agency or officer is a party, but a criminal defendant has only 14 days (Federal Rule of Appellate Procedure 4). Missing the deadline can end the right to appeal, so the timeline should be checked the day the judgment is signed.

Can new evidence be presented on appeal?

Generally, no. The appellate court reviews the record created in the trial court. That is why objections and offers of proof made at trial matter. In criminal cases, post-conviction habeas proceedings can sometimes consider new evidence.

Should I use my trial attorney for the appeal?

It depends. A separate appellate attorney brings a fresh look at the record and briefing experience, and many practitioners recommend one. Trial counsel knows the case well and can work alongside appellate counsel. In criminal appeals, if the appeal will argue ineffective assistance of trial counsel, the trial attorney cannot handle it without a conflict.

Which court will hear my appeal?

It depends on where the case was tried and what it involves. Most civil appeals go to the regional court of appeals for the county where the trial court sits. Cases involving the State or its agencies, cases challenging a state statute where the attorney general is a party, and appeals from the Business Court generally go to the Fifteenth Court of Appeals.

Sources

• Texas Government Code: § 22.201, courts of appeals districts; § 22.220, civil jurisdiction including the Fifteenth Court of Appeals; § 25A.007, appeals from the Business Court
• Federal Rules of Appellate Procedure: Rule 4, appeal as of right
• Texas Rules of Appellate Procedure 26.1, 26.2, and 26.3 (time to perfect appeal), published by the Supreme Court of Texas

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.