Board Certified Solutions in Appeals Nationwide

The Firm

The Scharf Appellate Group is headed by Board Certified Appellate attorney Erik W. Scharf and consists of Mr. Scharf and other appellate attorneys acting as of-counsel to the firm. The firm specializes in a taking and defending appeals to the federal Courts of Appeal nationwide, the U.S. Supreme Court, as well as the Florida Courts of Appeal. This includes taking and defending special writs brought in those courts. In addition, the firm and its attorneys, from time to time, provide assistance in the trial process ranging from writing dispositive motions, jury instructions and motions in limine, to participating in trials.

The core of what the firm does is advanced legal research and writing, regardless of the context. Mr. Scharf taught this, and appellate procedure, at a prominent, national law school for several years. Examples of appellate briefs authored by the firm’s attorneys can be found on this page. These examples are reflective of the firm’s emphasis on high quality research and writing. Also important to the appellate process is oral argument, and Mr. Scharf and the firms’ attorneys have argued in state and federal courts of appeal nationwide.

Board Certification in Appellate Practice

Mr. Scharf is Board Certified in Appellate Practice by the Florida Bar. This is a distinction conferred on less than 200 of the roughly 100,000 attorneys admitted to the Florida Bar. Certification of expertise in this area requires, among other things, an extensive written examination, a record of responsibility in an extensive number of appellate briefings and oral arguments, as well as a peer review process and enhanced continuing legal education requirements. Mr. Scharf was originally certified in 2009, and re-certified in 2014 and 2019.

Substantive Areas of Practice

The firm does not limit the substantive areas of law in which it practices. Mr. Scharf and associated of-counsel have the greatest depth of experience in appellate matters relating to commercial law. However, the firm routinely handles complex civil rights matters, constitutional law issues, ERISA litigation, all manner of tort litigation, and, from time to time, federal, criminal matters. This is a non-exhaustive list of the areas in which the firm handles appeals.

Commercial Law

Commercial law encompasses multiple different types of litigation. The most common is breach of contract litigation, and counsel at the Scharf Appellate Group have handled myriad appeals in this area. Some other aspects of commercial litigation that the Group has experience with include Copyright and Trademark matters, non-compete agreements, and real-estate related lawsuits such as quiet-title actions and mortgage foreclosure.

Civil Rights

Civil rights and constitutional law typically involve individuals or corporations who have suffered at the hands of state, local or federal government actors. The group has handled such matters in the state and federal courts, sometimes extending to opposing or seeking review in the Supreme Court.

Erisa Litigation

ERISA – The Employee Retirement Income Security Act – was enacted in 1974 ostensibly to regulate and protect employee pensions. Because it covers all manner of employee benefits, it has come to displace most state contract law and entirely control the area of benefits such as health and disability insurance claims. ERISA litigation – and in particular claims for benefits – generate more appeals than many other areas of law, perhaps because of the personal nature of the claims and perhaps due to the advantages that employers and insurance companies have in such disputes. The Group has experience dealing with appeals in this area.

General Tort Law

Similarly, the Group has handled multiple matters involving general tort law. These have ranged from defamation claims to catastrophic injury to property and people.

Retaining Appellate Specialists

The Scharf Appellate Group is often retained by other attorneys to bring or defend appeals or special writs. Individual clients, companies or corporate counsel are, however, free to contact the firm directly about representation.

When considering whether and when to retain specialist, appellate counsel for an appeal or trial support, there a number of factors to consider. These include the value/importance of the appeal to you as the client and the amount of expertise that you believe is necessary to secure a beneficial outcome. These subjects are covered in a Bar Journal article co-authored by myself and Wayne Atkins, a corporate general counsel responsible for retaining outside counsel, that is forthcoming in the January edition of the Florda Bar Journal.

Some trial attorneys have experience with appellate rules and brief writing, but very few offer the length and breadth of knowledge that counsel at the Scharf Appellate Group bring to bear in appeals. When considering whether to hire an appellate specialist, clients might want to consider the words of one of Florida’s most respected appellate jurists:

“[T]here is a difference between the skills needed in litigating a case before trial and appellate courts. Trial litigation – focusing on jury trials – requires jury arguments that are generally structured to lead ordinary people to decide something based on compelling emotional arguments. . . . In appellate advocacy, however, the emphasis switches and the attorney must stress the application of law to facts – keeping in mind the appellate court’s concern for uniformity of the law and doing justice.”

Hon. Leander Shaw, Supreme Court of Florida, from Appellate Specialization and the Art of Appellate Advocacy by J. S. Carroll, 74-June Fla. B.J. 107 (2000) (quoting letter to author).