What We Do

   

Mandel Young is a boutique law firm in Arizona focused on appellate advocacy, complex litigation typically involving novel and unique issues of law, and special problem resolution. Click the tabs below to learn more:

Legal Strategy

The Gut Check
The best trial and appellate lawyers recognize the value of having seasoned counsel review their cases—confidentially and objectively—with a fresh pair of eyes. Our lawyers excel at collaborating with trial and appellate counsel to refine and strengthen the themes and theories of the case as well as the underlying claims for relief and legal defenses.

Tactical Support
Our lawyers have decades of experience formulating and implementing litigation strategy and counseling other trial and appellate lawyers regarding existing tactics, strategies and approaches. This service is designed to optimize the client’s position, and the star attorneys with whom we collaborate therefore shine even brighter.

Appellate Evaluation

Our lawyers frequently are called upon to review the entire trial court record, the trial court's legal rulings, and the judgment to identify errors, to formulate appellate arguments, to evaluate the strengths and weaknesses of such arguments, and to help trial counsel or their clients assess the wisdom of pursuing an appeal or defending the judgment on appeal.

Direct Appeals and Special Actions

Full Service Appellate Representation
Mandel Young is a full service appellate law firm. Our lawyers are well prepared to handle the full gamut of appellate court proceedings in the state and federal courts, including appeals of final judgments, appeals of preliminary injunctions and other interlocutory decrees, petitions for writs of certiorari and mandamus, certified questions, appellate motion practice, and the representation of amici curiae. While Mandel Young typically serves as lead appellate counsel in the case, there are reasons in select cases for others to serve in that role. When that is so, our lawyers provide advice and support as co-counsel while others take primary responsibility.

Appellate Briefs and Motions
Language is our currency. Our lawyers craft custom appellate briefs and motions. If an appellate brief or motion has been prepared by others, Mandel Young will consider accepting an engagement to review the brief and offer suggestions for improvement.

Complex Litigation

We accept select litigation matters at the trial court level, typically involving complex or novel legal issues. For businesses and individuals with such cases, we bring to bear a broad range of commercial litigation experience, including antitrust; securities; commodities trading; corporate governance and investigations; financial fraud; statutory torts; common law business torts such as fraud, negligence, intentional interference, and breach of fiduciary duty, to name just a few; restrictive covenants; insurance coverage; intellectual property; privacy and data security; "rogue" employee matters; defamation (libel and slander); commercial real estate; unfair competition; false advertising; trademark infringement; trade secrets; private and public contracts; manufacturer-distributor and licensor-licensee matters; and public land disputes. Beyond the purely commercial arena, our experience extends to municipal liability, civil rights and other constitutional matters, personal injury, complex family law disputes, and election issues.

Pre-Trial Legal Support

Important Motions
Mandel Young is frequently engaged to take the lead in crafting forceful, often dispositive, trial court motions and responses. At the pre-trial stage, these include motions to dismiss, significant discovery motions, motions for summary judgment, Daubert motions, forum non conveniens and venue transfer motions, motions to stay trial court proceedings and compel arbitration, motions in limine, motions for reconsideration, and many others. Our lawyers will present oral argument on such motions, if that is the client's desire, or defer to trial counsel to present oral argument.

Pre-trial Appeals and Special Actions
Sometimes the circumstances require an appellate court's early examination of a pre-trial ruling. Trial court rulings on preliminary injunction motions or motions to dismiss for lack of subject matter or personal jurisdiction are examples. Our lawyers’ experience in pre-trial appellate work runs deep. Mandel Young frequently conducts the initial evaluation to determine whether an appeal or special action is allowed, and if so, whether it is advisable. Should the client determine to pursue the appeal or special action, our lawyers prepare impactful petitions and briefs in support of the desired relief and present oral argument on such initiatives. Our lawyers’ experience opposing pre-trial appellate initiatives is equally substantial.

Pre-trial Orders and Jury Instructions
Many trial courts require the submission of detailed joint final pre-trial orders setting forth the parties’ respective legal claims and defenses as well as the legal and factual issues that remain in dispute. This document can be a valuable tool for recasting legal and factual arguments in a way that improves the client’s position at trial and for preserving error. Our lawyers have significant experience both formulating and negotiating the language of joint final pretrial orders with opposing counsel.

Case Management
Lead trial counsel typically has more than enough on his or her plate. Managing the litigation team is often difficult to fit into that busy schedule. Our lawyers have decades of experience serving as an effective interface between lead trial counsel and all the other important members of the team, while coordinating strategy, focusing efforts, controlling costs, and identifying and enhancing the probability of achieving a desired outcome.

Legal Support At Trial

Preservation of error
Our lawyers relieve trial counsel of the heavy burden of preserving error during the trial by attending court each day or on chosen days, by identifying errors in real time, and by attempting to persuade the trial court to rectify those errors without need for appellate court intervention. The potential for trial court error exists throughout the trial—e.g., jury selection, presentation of evidence, settling of jury instructions, closing argument and/or upon receipt of the verdict. Our lawyers’ participation allows trial counsel to focus on what they do best.

Trial court briefing and oral argument
Trial lawyers rarely have the time to prepare thorough written motions while in the midst of trial. Yet these motions are often of critical importance to the client. Because Mandel Young is on hand at the trial, our lawyers are uniquely positioned to prepare forceful motions, including motions and renewed motions for judgment as a matter of law, responses to such motions, and other bench memoranda, so that the trial team can focus on trying the case. If trial counsel wishes, we also will present oral argument to the court in connection with trial motions and jury instruction disputes.

Post-Trial Proceedings

Post-trial Motions and Record Preservation
We are highly experienced at preserving error and developing potential appellate arguments in post-trial motions, including renewed motions for judgment as a matter of law and motions for new trial. We also work closely and collaboratively with trial counsel to make sure the appellate record includes all necessary rulings, trial exhibits, and transcripts.

Supersedeas Bonds and Stays
Mandel Young assists trial counsel with enforcing or superseding the judgment during the appeal. Our lawyers have significant experience formulating and presenting motions to stay enforcement of the judgment upon the posting of alternative security in lieu of a bond or upon the posting of a reduced bond.

Moot Court Prep and Oral Argument

Collaborative Preparation

Mandel Young conducts in-house moot courts before oral argument to anticipate questions, discuss the most effective answers, and receive feedback from a select panel of appellate lawyers and/or judges who read the briefs much as the appellate judges will.

Moot Court Coaching

Where Mandel Young is not lead appellate counsel, our lawyers are skilled at providing coaching and advice to others for an upcoming oral argument based on their experience as oral advocates and teachers of the art.

Oral Argument

It is almost always advisable for the lawyer who wrote the brief to argue it before the appellate court. But, when there are reasons to depart from this wisdom, we are willing to step in to deliver effective oral argument on cases where we did not write the briefs.

Appellate Mediation

Mandel Young is prepared to represent clients in appellate mediation, including presenting arguments in mediation memoranda and joint sessions and providing an informed evaluation of likely appellate outcomes. Our lawyers also are available to serve as appellate mediators. Approximately ninety-five percent of all cases settle before trial. It is only the most difficult and stubborn cases that proceed to the appellate level. As appellate mediators, our lawyers marshal decades of experience before the appellate courts to help parties gain a realistic view of likely appellate outcomes and come to an appropriate settlement.

Amicus Briefs

Our lawyers prepare effective amicus briefs for clients, including industry trade associations, private corporations, public institutions, or interest groups that might be affected by the outcome of appellate litigation in which they are not direct parties. In addition, Mandel Young provides advice on amicus efforts and assists with locating sources of amicus support.

Appellate Advocacy: Direct Appeals, Petitions for Review, Amicus Briefs, and Special Actions

Full Service Appellate Representation

We handle the entire gamut of proceedings that arise in the state and federal appellate courts, including direct appeals from final judgments, from preliminary injunctions and from other interlocutory decrees, petitions for review (writs of certiorari), and special actions (mandamus). We also are experienced in appellate motion practice, in the briefing and oral argument of certified questions, and in the representation of amici curie. We typically serve as lead appellate counsel--formulating the arguments, composing the brief(s), and presenting oral argument. In select cases, however, we are called upon to provide advice and support as co-counsel, with trial counsel maintaining primary responsibility.

direct appeals: Briefs and motions

We prosecute and defend direct appeals in all types of cases. To do so, our lawyers custom-craft appellate briefs and motions from scratch. When ordered by the court, we present effective oral argument before the panel of appellate judges.

Petitions for Review (Certiorari)

An appeal is not necessarily over after the direct appeal.   

Amicus Briefs

Our lawyers prepare effective amicus briefs for clients, including industry trade associations, private corporations, public institutions, or interest groups that might be affected by the outcome of appellate litigation in which they are not direct parties. In addition, Mandel Young provides advice on amicus efforts and assists with locating sources of amicus support.

SPECIAL ACTIONS

Sometimes circumstances require an appellate court's early examination of a pre-trial ruling. Rulings on preliminary injunction applications, disqualification motions, and motions to dismiss for lack of subject matter or personal jurisdiction are some examples. Our lawyers’ experience in pre-trial appellate work runs deep. Mandel Young frequently conducts the initial evaluation to determine whether an interlocutory appeal or special action petition (i.e., a petition for writ of mandamus) is allowed, and if so, whether it is advisable. Should the client determine to pursue the appeal or special action, our lawyers are skilled in preparing impactful petitions and briefs in support of the desired relief and in presenting oral argument. Our lawyers’ experience opposing pre-trial appellate initiatives is equally substantial.

Special Matters: Legal Strategy, Tactical Support, and Special Actions

legal strategy

We excel at collaborating with trial, appellate, and general counsel to refine and strengthen the themes and theories of a case as well as the underlying claims for relief or legal defenses. We also recognize that some problems don't readily lend themselves to established legal theories or the usual procedures. Statutory special actions and other atypical maneuvers may be called for. Furthermore, although the law is very stable as a whole, it is also in a constant state of change. Some legal theories that used to be considered novel are now firmly implanted in our jurisprudence. And the converse is also true. There are cases, as well as provisions in statutes, codes, and even constitutions (federal, state, and tribal), that are accepted, but have not been tested and could be vulnerable to the right kind of attack. We help clients identify these special problems and develop a strategy for a solution, whether that calls for legal, legislative, or political action.  

Tactical Support at trial and beyond

We have experience formulating and implementing litigation strategy and counseling other trial and appellate lawyers regarding existing tactics, strategies, and approaches. At the pre-trial stage, we draft and argue motions to dismiss, significant discovery motions, motions for summary judgment, Daubert motions, forum non conveniens, and venue transfer motions, motions to stay trial court proceedings and compel arbitration, motions in limine, motions for reconsideration, and many others.

The potential for error exists throughout the trial—e.g., jury selection, presentation of evidence, settling of jury instructions, closing argument and/or upon receipt of the verdict. An appellate lawyer's presence at trial can allow trial counsel to focus on what they do best. After trial, we develop potential appellate arguments in post-trial motions, including renewed motions for judgment as a matter of law and motions for new trial. We also work closely and collaboratively with trial counsel to make sure the appellate record includes all necessary rulings, trial exhibits, and transcripts.

Outside the courtroom, we can collaborate with public and government affairs teams to advance public policy solutions as part of an overall legal strategy.