Board Certified Solutions in Appeals Nationwide

A sophisticated practice. Erik focuses on providing the most responsive and thorough appeals services in Florida and United States courts of appeals.

Specialized expertise with national scope. He is admitted to practice before the U.S. Supreme Court and many U.S. Circuit Courts of Appeals. He has also handled appeals before the Florida Supreme Court and the Florida District Courts of Appeals. Erik's advice is typically sought by trial attorneys or in-house counsel to deliver specialized expertise on appeals requiring the utmost care. Non-attorneys in need of appellate expertise are also welcome of course.

Board certified experience. All of Erik's advice and work product is developed or approved by a board certified appellate specialist. The board certified distinction ensures that appellate counsel has maintained the stringent requirements specified by the state of Florida to be considered proficient in appellate procedure and doctrine.

Unique advocacy skill. Trials involving substantial interests will invariably result in appeals. Whether you win or lose in the first instance, the losing part will seek an appeal. Appeals require very different skills than those useful at the trial level. There are many procedural pitfalls which may ensnare an attorney not specialized in this area. In 2011 for example only half of the appeals in the Eleventh Circuit were decided on the merits. Careful research and excellent writing are vital for a successful appeal.

Extraordinary relief. Erik also specializes in petitions to the courts of appeals for extraordinary relief. These are called special writs or original proceedings. Although special writs are potentially highly useful, they are procedurally unique to the appellate process and limited in use to relatively specific circumstances. Consequently trial attorneys and in-house counsel should consult a board certified appellate specialist to determine the appropriate relief to pursue.

Background & Experience

• Erik W. Scharf, P.A., Coral Gables, Florida, 2006–present.

• University of Miami School of Law, Coral Gables, Florida, 2005–2010. Lecturer teaching legal research and writing and appellate advocacy/procedure.

• Morgan, Lewis & Bockius, LLP, Miami, Florida, 1999–2006. Litigation associate in Miami office of international law firm. Practice emphasis on defense of complex commercial, insurance and securities litigation. Further emphasis on appellate practice, including drafting briefs for Florida Courts of Appeal, the Eleventh Circuit Court of Appeals, and various state and federal courts of appeal in other jurisdictions.

• Dorsey & Whitney, LLP, Minneapolis, Minnesota, 1996–1999. Litigation associate in principal office of international law firm. Practice emphasis on defense of complex commercial and securities litigation. Further emphasis on federal and state appellate practice, including drafting briefs to various federal courts of appeal.

• Honorable Danny J. Boggs, Louisville, Kentucky, 1995–1996. Law clerk to Judge on the U.S. Court of Appeals for the Sixth Circuit.

Bars & Courts

• Board Certified Specialist in Appellate Law

• Admitted to the state bars of Florida and Minnesota

• Admitted to the U.S. Supreme Court and the U.S. Courts of Appeal for the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, and 11th Circuits

Education

• University of Michigan School of Law, J.D. (1995)

• University of Michigan, A.B. in Economics (1989)

Publications

• Erik W. Scharf & Wayne R. Atkins, Coram What? An Introduction to Federal Special Writs, Fla. Bus. J. (June 2011)

Memberships

• Rosemary Barkett Appellate Inn of Court

• Third District Court of Appeals Historical Society