The Barnes Law Firm is passionate about appeals and believes that preparing a case for appeal prepares it better for trial and settlement.
This is a full-service appellate firm whose goal is to help attorneys and individuals translate cases from the jury to the appellate courts. The firm helps attorneys and individuals solve and address complex trial and appellate procedural and legal issues.
Working and trying a case with an appeal in mind will increase the chance of success at settlement, trial, and on appeal. Hiring an appellate attorney at the dispositive motion or trial stage of a case allows the trial attorney to focus on the presentation to a judge or jury, and the appellate attorney to shape the theory of a case while ensuring issues are preserved for a potential appeal.
An appellate attorney will ensure that key appellate issues are preserved, choose issues most likely to result in a favorable opinion while focusing on the appropriate standards of review, create a comprehensive Record on Appeal, and carefully review applicable law.
Barnes Law Firm approaches each case from an appellate perspective and integrates that with trial counsel’s litigation approach, strategy, and style. Litigation is a multi-faceted practice that, in today’s legal environment, requires a forward-thinking approach at each stage and constant anticipation of procedural and evidentiary issues.
Litigation and appeals require focus on evidence, causation, damages, procedure, and strategy all at once. An insurance adjuster, jury, and appellate court know only the story presented by the litigation team. An appellate attorney can shape the story for effective translation to an appeal. Preparing a case for an appeal prepares it better for trial and settlement.
After trial, a well-prepared case presents an opportunity, not a road block. An appeal has the potential to regain or save a desired case outcome, shape an area of law, and affect the trial methods and strategies of similar, future cases in an attorney’s particular practice area.
The settlement value of a case may be enhanced by thorough preparation for appeal, including preserving issues and strategically choosing which evidence to present and in what form.
Kathleen Barnes has experience working in the Court of Appeals and can identify advantageous methods to frame a case for appeal and anticipate complex procedural issues. Whether you are faced with a disappointing ruling or are interested in protecting a judgment in your client’s favor, involving appellate support will bring a fresh perspective to your client’s case.
Barnes Law Firm can assist at all stages of a case through state and federal appeals, including:
Motions and memoranda for summary judgment, motions to dismiss, motions in limine, and research.
Consulting, including researching and writing motions in limine, verdict forms and jury charges; Issue Preservation; Post-judgment settlement and appeal strategy.
Appellate motions, brief research and writing, oral advocacy, petitions for rehearing, writs of certiorari, and amicus curiae briefs.
Kathleen began her career as an appellate law clerk to the Honorable John Cannon Few, then Chief Judge of the South Carolina Court of Appeals, now a Justice on the South Carolina Supreme Court. She served as Justice Few’s law clerk for two years. In July 2014, Kathleen started the Barnes Law Firm in Hampton, South Carolina. She helps lawyers and individuals navigate the litigation and appellate process. Kathleen’s experience from the Court of Appeals helps her identify and analyze issues in a case and frame the record for transition to an appeal.
Kathleen argued before the South Carolina Supreme Court, South Carolina Court of Appeals, and U.S. District Court for the District of South Carolina. She has written briefs for the Fourth Circuit Court of Appeals, South Carolina Supreme Court, and South Carolina Court of Appeals.
Kathleen lives in Hampton, SC, with her daughter and husband, William Barnes, who practices law in Hampton at Peters, Murdaugh, Parker, Eltzroth, & Detrick.
“A Roadmap to Appeals,” Hilton Head Island Bar Association (September 2014)
Presenter, “Understanding Issue Preservation,” 2013 Appellate Practice Project: Presenting Criminal Cases to the Court of Appeals, South Carolina Bar CLE (October 2013 and 2014).
“What’s New (and Still There) in Appellate and Civil Practice,” Hilton Head Island Bar Association (February 2016)
“Appellate Practice,” Hilton Head Island Bar Association (February 2017 and 2018)
One Extension, Two Extension, Three No More; Kathleen C. Barnes, South Carolina Young Lawyer, September 2014, Vol. 7, Issue 1.
Issue Preservation: Lessons Learned from Lewis and How to Put Issue Preservation Concerns to Rest in an Appellate Brief, Kathleen C. Barnes, SC Lawyer, January 2014 pp. 20-25.