Practice Areas
Pretrial and Trial Practice
Cochenour Law Office also offers civil litigation counsel to private parties as well as governmental agencies. During my years in state government, I represented the State and state agencies in administrative proceedings, arbitration, and in federal and state courts. I have served as counsel on numerous high-profile cases, including representing Montana in the United States Supreme Court, original proceedings at the Montana Supreme Court, complex litigation involving opioid companies, COVID-19 directives, consumer protection laws, and the constitutionality of Montana’s ballot access laws. In my solo practice, I serve individuals and state agencies in cases that involve complex facts and legal arguments. These cases are often decided by trial court judges and, ultimately, appellate courts.
I work with clients to present their best case in the district courts, while always working to build the record and make the necessary legal arguments so that we can make our case to the courts of appeal.
Appellate Practice
Whether you are appealing an adverse decision or defending a win, it is critical that you choose a lawyer who understands that appellate advocacy differs from trial court advocacy. While your court record is created at the trial level, it is interpreted at the appellate level. Notably, there is a different audience — a panel of judges or justices instead of a jury or trial judge. There are also different goals — preserving a win or explaining an error. Arguments that worked at the trial level may no longer get the job done.
As an independent solo practitioner with more than a decade of appellate experience, I offer a number of services. On direct appeals, I work with clients, or their trial counsel, throughout all stages of appellate litigation from filing the initial notice of appeal to oral argument. I am also available to draft amicus briefs so that my clients have a voice in the important cases being decided by appellate courts. Cochenour Law Office also offers consulting services to help trial counsel with reviewing the record and the relevant law and crafting persuasive written and oral arguments. I am also available to serve as a neutral mediator for parties whose cases require appellate mediation.
Mediation
Mediation offers many advantages over litigation as a way to resolve disputes. Unlike traditional adversarial proceedings, mediation encourages compromise and creative solutions, allowing parties to actively participate in coming up with a mutually beneficial agreement. In the right case, mediation can provide a more cost-effective and efficient alternative to lengthy court battles and associated expenses.
My interest in mediation began in law school when I completed courses in alternative dispute resolution and advanced mediation. Cochenour Law Office currently offers appellate mediation services and will offer additional mediation services beginning in Fall 2024.
