The possibility of an appeal should be considered from the time a complaint is filed through the end of the trial or hearing. Trial counsel must keep in mind the need to shape and preserve the record for appeal. To this end—and because trial counsel are generally the most knowledgeable about the facts and issues of their cases—Mrs. Downing has appellate experience as well as trial court experience. Mrs. Downing has practiced in every federal appellate court in the country and multiple state appellate courts.

Depending on the most effective way to serve client needs, Mrs. Downing takes primary responsibility for handling an appeal or act as a resource for trial counsel. In the latter role, she provides strategic or analytic assistance to trial counsel. she determines whether to file an appeal and the best and most effective issues to raise, review draft briefs and motions for substantive content and compliance with court rules. She provides technical expertise to ensure compliance with court deadlines and rules. Mrs. Downing's also acts as lead appellate counsel, briefing and arguing the appeal.