Areas of Practice

State & Federal Appeals

Not every case ends in the trial court. Often, a favorable verdict is appealed, or an unfavorable verdict needs to be appealed. And, increasingly, pretrial rulings can be and are reviewed by a court of appeals by interlocutory appeal or petition for writ of mandamus. In any situation, it is important to have an attorney on your side that is familiar with the unique procedural rules and strategy employed at the appellate level.

The attorneys at DP&S have devoted the bulk of their practice to civil appellate law. Altogether, DP&S's attorneys have handled hundreds of appeals in both state and federal court. With this valuable experience, DP&S can quickly evaluate your case and the issues presented and advise as to the best strategy for appeal and the best strategy for attacking or defending the judgment or order at issue.

 
 

Strategic Litigation

The notice of appeal is not the time to realize that you should have had appellate counsel by your side throughout litigation. Time and again a party’s case is significantly compromised on appeal because a complaint was not preserved for appellate review in the trial court.

Preservation of error and the creation of a clean appellate record begin the day you file or answer a lawsuit and continue through post-judgment motions. Error preservation can be tricky, and can be necessary at just about every stage of the litigation—pleadings, discovery, motions, fact witness testimony, expert testimony, documentary evidence, objections, the jury charge, orders, and judgments, to name a few.

As appellate lawyers, we will be by your side throughout your case to preserve your record for appellate review. Additionally, we work with trial counsel to formulate and analyze appropriate trial strategy throughout litigation to prepare the case for trial and appeal.

It takes substantial time to research and prepare substantive motions, motions for summary judgment, challenges to experts, federal removal/remands, a jury charge, and appellate briefs. With appellate counsel bearing this load for you, you will have time to pursue that last bit of discovery, prepare a witness for testimony, or fine tune your case for trial. Working together, we can add quality and value to your case.

 

  • "Working with appellate counsel is a must for the kind of high-stakes litigation my firm handles every day, and the team at Durham, Pittard & Spalding is the appellate counsel you want on your side. They have the intelligence, skill, work ethic, and determination to move cases through verdict and beyond with success, and they have earned our trust."

    Michael Lyons - Lyons & Simmons LLP, Dallas

  • "Durham, Pittard & Spalding has done an excellent job in hanging onto a verdict in a significant case for our client. Their experience and appellate skills are the answer to a trial lawyer’s motion practice, post-verdict, and appellate needs. As we know in Texas, it is hard enough to get a good verdict and even harder to keep it from being taken away by the appeals process. Durham, Pittard & Spalding helps to increase the odds of keeping those verdicts."

    Mary Alice McLarty - The McLarty Firm, P.C.

  • "I regularly associate Kirk Pittard and the firm of Durham, Pittard & Spalding at the beginning of my major lawsuits. This puts the defense counsel on notice that our trial team is fully staffed to engage in a heavy motion practice, and it assures the court that we can successfully defend or appeal the court’s rulings that matter. It also gives me the comfort of knowing that Kirk and his firm are ready to spring into action, without having to be brought up to speed."

    Randy Roberts - Roberts & Roberts

  • "Our law firm has worked with Kirk, Leighton, Thad and their team for over 10 years. From jury charge conferences and throughout the appellate process, they have been there with their tenacious expertise. Their creative approach assisted our firm in securing a $20 million settlement in a complex construction defect and fraud matter, created positive case law concerning Chapter 74 reports, and we are currently working with them on other matters. Their work allows us to focus on the trial process and we always know they have our back!"

    Jorge A. Herrera - The Herrera Law Firm

  • "Durham, Pittard & Spalding has always come through for us when we want assistance with research, writing, and tackling difficult legal issues that we use to assist us with litigating and trying complex personal injury cases. I will never hesitate to contact them when the need arises."

    Bob Haslam - The Haslam Firm

  • "I think the lawyers at DP&S are the best. They’re always available to help and never too busy to say no, whether it’s a quick question, drafting a charge, MSJ response, or showing up at the courthouse when needed."

    Felix Gonzalez - Felix Gonzalez Law Firm, P.C.

  • "Whether you need help with a challenging motion for summary judgment (or any motion for that matter), or you are looking for someone to walk the path with you from case filing through trial and beyond, there is no better choice than Kirk Pittard and his firm. I know personally the skill they bring to the table and the peace that can bring to the trial team. If you are thinking about adding Durham, Pittard & Spalding to your team, stop thinking and do it. Your clients will thank you."

    Will Adams - Will Adams Law Firm

  • "Whether dealing with complex appellate issues or preparing for trial, there’s no other firm I would rather work with.  Thad Spalding and the team of Appellate Lawyers at Durham, Pittard & Spalding, LLP have been instrumental in having a number of controversial rulings reversed and likewise have worked extremely hard to ensure that favorable rulings were not reversed, and bad law was not created. "

    Daryl K. Washington - Washington Law Firm

  • "I have worked with Kirk Pittard and Leighton Durham on several cases and can say with confidence that their big picture analysis, research, and briefing skills added value to the cases. I believe having able appellate counsel assisting with the legal issues that come up in a case is invaluable. Kirk and Leighton fit the bill."

    Charla G. Aldous - Aldous Walker

  • "Our attorneys have worked with Kirk, Dana, Shelby, and Thad at DP&S on many large cases this past decade. On some we contacted DP&S on short notice for dispositive motion hearings where we wanted to leave no doubt we already had excellent appellate counsel engaged to preserve error and appeal if needed.  The attorneys at DP&S have always been there for us no matter the notice, location, or situation, to team up and give our clients the best advice and representation where an appeal could result.  DP&S has earned our trust and will earn yours as well. We highly recommend the attorneys of DP&S."

    George A. Boll - Juneau, Boll & Stacy, PLLC

  • "I have worked Kirk Pittard and Thad Spalding on several of our high-profile cases and they are a huge asset to the case. Their motion practice and attention to appellate issues during the litigation and trial phases has allowed us to succeed on multiple occasions. Kirk and Thad are very responsive and I would highly recommend them as appellate counsel."

    Oscar Garza - San Antonio

  • "The attorneys at Durham, Pittard and Spalding are well-versed in the law, and have been instrumental in helping us to navigate the appellate pitfalls in medical malpractice cases and commercial litigation as well. This demonstrates their versatility and willingness to take on the tough issues. More than that, they are willing to get ‘in the trenches’ when called upon to do so, and bring value with every involvement. I will continue to count them as members of my team."

    Todd Kelly - Lonestar Legal

Ready to get started?

DPS’s attorneys have handled hundreds of appeals in both state and federal court. Our experience spans diverse areas like family law, contract disputes, employment law, healthcare, arbitration agreements, insurance conflicts, and class actions and more. Contact us today to put our team to work on your next case.