Cherise Bacalski – Utah Appellate Attorney
Founder, Lotus Appellate Law
Biography
What makes an Utah appellate attorney?
To me, an appellate attorney is someone who gets to the bottom of an issue and helps courts truly understand how to apply the law in any given case. That’s why I love my job. My true strength is researching and excavating legal landscapes. While I love the outdoors, my happy place is behind a computer. That’s the kind of digging that ignites my passion.
Why work with me? Well, I began my practice at the Utah Attorney General’s office in the Criminal Appeals division—so I deeply understand the way the other side will respond to my arguments. I’ve also clerked at both the Utah Supreme Court and the Utah Court of Appeals, so I know what judges at both courts need to rule in your favor—or to overrule unhelpful precedent that stands in your way.
Just before COVID-19 hit America, I founded–what became–the largest appellate firm in Utah: The Appellate Group. My firm rapidly grew to handle over 20% of the appellate cases in Utah and brought me vast experience handling appellate cases of all shapes and sizes. Eventually the winds changed, and I found myself wanting to provide my clients a different kind of experience. Lotus Appellate Law is designed to take cases from start to finish with the end in mind–with a focus on providing clients and their families a gentle and unique experience navigating the justice system.
While I am an appellate attorney, I actually love helping clients win in the district court–because “standards of review” have shown us that that’s the strongest battle ground. To that end, I enjoy teaming up with district court attorneys to take care of the legal strategy of their client’s case while they take care of trial strategy. It’s a win-win.
At Lotus Appellate Law, I file appellate briefs and motions for certiorari in the appellate courts in multiple jurisdictions. I’ve drafted numerous criminal and civil appeals, have filed successful petitions for certiorari, and have assisted in either briefing, mooting, arguing, or drafting principal briefs, amicus briefs, or opinions in over a hundred appellate cases. I’ve argued in front of the Utah Supreme Court, the Utah Court of Appeals, and the California Court of Appeal (yes, it’s singular).
Argument and rhetoric are passions of mine. In fact, before I ever went to law school, I began studying rhetoric. I now hold advanced degrees in writing, rhetoric, and the law. I taught college-level writing courses in advanced persuasive writing, rhetoric, and creative writing at Brigham Young University for almost a decade. And I currently teach Appellate Brief Writing at BYU Law, where I have also led the Appellate Practice Clinic and taught Moot Court.
I am past Section Chair of the Appellate Practice Section of the Utah State Bar and am currently involved in Women Lawyers of Utah.
I play the organ and piano and am learning to play the guitar. In my spare time, I like to travel, mountain bike, snuggle my children, and eat sushi with my husband. I am learning to sail.
Education, Admissions, & Clerkships
Education
Brigham Young University
J.D.
Publications Editor, Education and Law Journal
J. Reuben Clark Pro Bono Service Award
Brigham Young University
M.A., English, rhetoric
Brigham Young University
M.F.A., creative writing, poetry
California State University, San Marcos
B.A., Literature and Writing, writing emphasis, magna cum laude
Admissions
Utah
California
Clerkships
Utah Supreme Court, Justice John A. Pearce
Utah Court of Appeals, Senior Judge Pamela Greenwood
CLE Presentations
2024
Presenter, The Appellate Practice & Litigation Sections, Scary Decisis: a caselaw preview of supernatural and paranormal cases
Presenter, Utah State Bar & Litigation Sections, Appellate Practice Section, St. George Golf & CLE Utah caselaw update II: Utah State Constitution, A Look at the Substantive Provisions
Moderator, Utah State Bar, the Appellate Practice & Litigation Sections, Tim Terrell, All-day Advanced Legal Writing Seminar
2023
Presenter, Utah Center for Legal Inclusion & Utah State Bar, Pathways to Inclusion, Part IV—Steps to Creating an Inclusive Workplace
Presenter, Utah State Bar & Litigation Sections, Utah County Golf & CLE Utah caselaw update
Arranger, Appellate Practice Section, Part II: Utah State Constitution, A Look at the Substantive Provisions
Presenter, Mentoring Nigerian Trial Attorneys, American Appellate Court Practice
2022
Moderator, Appellate Practice Section, Doing Corpus Linguistics
Arranger, The Appellate Practice & Small Firm Sections, Behind the Scenes at the Utah Appellate Courts: Appellate Process and Motion Practice
Arranger, The Appellate Practice & Litigation Sections, Part I: Utah State Constitution, A Look at the Substantive Provisions
Presenter, Utah State Bar & Litigation Sections, Utah County Golf & CLE Utah caselaw update
…2022
Moderator, Appellate Practice Section, Ross Guberman: Advanced Appellate Writing Strategies
Appellate Practice and Small Firm Sections CLE, Getting to Appeal, Part I: Avoiding Preservation Pitfalls
BYU Law State and Local Government Conference, Appellate Practice with Justice John Pearce and Judge Diana Hagen
Presenter, Seventh Annual Law and Corpus Linguistics Conference, Best Practices for Corpus Linguistics in Amicus Briefs
Moderator, The Appellate Practice & Utah State Bar, Briefing Provisions of the Utah Constitution, virtual panel
2021
Appellate Practice and Small Firm Sections CLE, Getting to Appeal, Part I: Avoiding Preservation Pitfalls
BYU Law State and Local Government Conference, Appellate Practice with Justice John Pearce and Judge Diana Hagen
Moderator, The Appellate Practice & Utah State Bar, Briefing Provisions of the Utah Constitution, in-person panel
2020
Indigent Defense Commission, How to Litigate Rule 23B Motions
Utah Association of Criminal Defense Lawyers Annual Seminar, 2020 Annual Caselaw Review
Indigent Defense Commission, Exceptions to Preservation and the Evolving IAC Standards
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