Experienced Appellate Attorneys Fighting for Justice
When a trial court makes an unfavorable decision in your case, the appellate process may provide an opportunity to seek review and reversal of that decision. Appeals are complex legal proceedings that require specialized knowledge of appellate law, procedure, and strategy. Our experienced appellate attorneys have the expertise necessary to navigate the intricate appellate process and present compelling arguments to appellate courts.
Appellate law is a highly specialized area that differs significantly from trial practice. Successful appeals require thorough knowledge of appellate procedure, exceptional legal research and writing skills, and the ability to identify and articulate legal errors that occurred during trial proceedings. Our appellate team has extensive experience in all types of appeals and has achieved successful outcomes in complex appellate cases.
We understand that the decision to pursue an appeal is often made during a difficult and stressful time, particularly when significant legal rights or substantial financial interests are at stake. Our compassionate approach combines aggressive legal advocacy with clear communication about the appellate process, realistic assessment of your chances for success, and strategic guidance throughout the appeal.
Understanding the Appellate Process
The appellate process is designed to provide a mechanism for reviewing trial court decisions to ensure that legal errors did not affect the outcome of cases. Unlike trial courts, which focus on determining facts and applying law to those facts, appellate courts primarily review questions of law and procedure to determine whether the trial court made legal errors that warrant reversal or modification of the judgment.
Appeals are not new trials or opportunities to present new evidence. Instead, appellate courts review the record from the trial court proceedings, including transcripts, exhibits, and legal documents, to determine whether legal errors occurred. The appellate court's review is limited to the issues properly raised and preserved during the trial court proceedings.
The appellate process involves strict deadlines, complex procedural requirements, and specialized legal standards that differ significantly from trial practice. Success in appellate cases requires meticulous attention to detail, exceptional legal research and writing skills, and strategic thinking about how to present legal arguments most effectively to appellate judges.
Types of Appeals We Handle
Civil Appeals
We handle appeals in all types of civil cases, including contract disputes, personal injury cases, business litigation, real estate disputes, and family law matters. Our civil appeals experience includes both plaintiff and defendant appeals, as well as appeals involving complex legal and factual issues.
Family Law Appeals
Family law appeals often involve emotionally charged issues such as child custody, property division, spousal support, and other family-related matters. We have extensive experience in family law appeals and understand the unique considerations involved in these sensitive cases.
Criminal Appeals
Criminal appeals involve challenges to criminal convictions or sentences based on legal errors that occurred during trial proceedings. We represent defendants in criminal appeals, including challenges to convictions, sentences, and other criminal court decisions.
Administrative Appeals
Administrative appeals involve challenges to decisions made by government agencies, licensing boards, and other administrative bodies. These appeals often involve specialized areas of law and require knowledge of administrative law principles and procedures.
Interlocutory Appeals
Interlocutory appeals involve challenges to trial court decisions made during the course of litigation, before final judgment is entered. These appeals are subject to special procedural requirements and are typically limited to specific types of orders that qualify for immediate appellate review.
Post-Conviction Relief
Post-conviction relief proceedings provide mechanisms for challenging criminal convictions based on constitutional violations, ineffective assistance of counsel, or newly discovered evidence. These proceedings involve specialized legal standards and procedural requirements.
Common Grounds for Appeals
Successful appeals must be based on legal errors that occurred during trial proceedings. Understanding the types of errors that can form the basis for appeals is crucial to determining whether an appeal has merit:
Legal Errors
Legal errors occur when trial courts misinterpret or misapply the law. This can include incorrect jury instructions, improper application of legal standards, or erroneous rulings on legal issues. Legal errors are reviewed de novo by appellate courts, meaning the appellate court reviews the issue without deference to the trial court's decision.
Procedural Errors
Procedural errors involve violations of court rules, procedural requirements, or due process rights. This can include improper admission or exclusion of evidence, violations of discovery rules, or denial of the right to present evidence or cross-examine witnesses.
Evidentiary Errors
Evidentiary errors occur when trial courts make incorrect decisions about the admission or exclusion of evidence. This can include allowing inadmissible evidence to be presented to the jury or excluding relevant and admissible evidence that should have been considered.
Insufficient Evidence
Appeals based on insufficient evidence challenge whether the evidence presented at trial was sufficient to support the verdict or judgment. These appeals require showing that no reasonable jury could have reached the verdict based on the evidence presented.
Constitutional Violations
Constitutional violations involve breaches of constitutional rights, such as due process violations, equal protection violations, or violations of specific constitutional amendments. These appeals often involve complex constitutional law issues and may have broader implications beyond the individual case.
Abuse of Discretion
Some trial court decisions are reviewed under an abuse of discretion standard, which requires showing that the trial court's decision was arbitrary, unreasonable, or based on an erroneous view of the law. This standard applies to many discretionary rulings made by trial courts.
The Appellate Process
The appellate process involves several distinct phases, each with specific requirements and deadlines that must be strictly followed:
1. Notice of Appeal
The appellate process begins with filing a notice of appeal within the time limit specified by law (typically 30 days from entry of judgment). This deadline is jurisdictional and cannot be extended.
2. Record Preparation
The trial court record, including transcripts and exhibits, must be prepared and transmitted to the appellate court. This process can take several months and requires coordination with court reporters and clerks.
3. Brief Writing
The appellant files an opening brief presenting legal arguments for why the trial court's decision should be reversed. The respondent then files a response brief, and the appellant may file a reply brief.
4. Oral Argument
In some cases, the appellate court will schedule oral argument where attorneys present their arguments and answer questions from the appellate judges. Not all appeals include oral argument.
5. Decision
The appellate court issues a written decision that may affirm, reverse, or modify the trial court's decision. The court may also remand the case back to the trial court for further proceedings.
6. Further Review
Depending on the outcome and the court system, further review may be available through petition for review to a higher appellate court or the state supreme court.
Our Appellate Services
Appeal Evaluation and Strategy
We provide thorough evaluation of potential appeals, including analysis of the trial court record, identification of potential appellate issues, and realistic assessment of the chances for success. Our strategic approach helps clients make informed decisions about whether to pursue appeals.
Brief Writing and Legal Research
Our appellate attorneys are skilled legal writers who prepare compelling appellate briefs that clearly articulate legal arguments and persuasively present our clients' positions. We conduct thorough legal research to support our arguments and ensure that all relevant legal authorities are properly cited and analyzed.
Record Review and Analysis
We conduct comprehensive review and analysis of trial court records to identify potential appellate issues and develop effective appellate strategies. This includes reviewing transcripts, exhibits, pleadings, and other documents to understand what occurred during trial proceedings.
Oral Argument Preparation and Presentation
When oral argument is scheduled, we prepare thoroughly and present compelling oral arguments to appellate courts. Our attorneys are experienced appellate advocates who effectively communicate complex legal arguments and respond to questions from appellate judges.
Emergency and Expedited Appeals
In cases involving urgent circumstances, we can seek expedited appellate review or emergency relief from appellate courts. This includes applications for stays of trial court orders and requests for expedited briefing schedules when time is critical.
Post-Appeal Proceedings
After appellate decisions are issued, we assist clients with implementing appellate court mandates, seeking further review when appropriate, and handling any remand proceedings that may be necessary in the trial court.
Why Choose Our Appellate Team?
Specialized Appellate Experience
Our appellate attorneys have extensive experience in appellate practice and have handled appeals in all types of cases. We understand the unique requirements of appellate practice and have the specialized skills necessary to succeed in appellate courts.
Exceptional Legal Writing Skills
Successful appeals require exceptional legal writing skills to clearly and persuasively present complex legal arguments. Our appellate attorneys are skilled legal writers who prepare compelling briefs that effectively communicate our clients' positions to appellate courts.
Thorough Legal Research
We conduct comprehensive legal research to identify all relevant legal authorities and develop strong legal arguments. Our thorough approach ensures that we identify and present the strongest possible arguments in support of our clients' positions.
Strategic Appellate Planning
We develop strategic appellate plans that focus on the most promising appellate issues and present arguments in the most effective manner. Our strategic approach maximizes the chances for success while efficiently using our clients' resources.
Track Record of Success
Our appellate team has achieved successful outcomes in numerous appellate cases, including reversals of trial court decisions and favorable settlements reached during the appellate process. Our track record demonstrates our ability to achieve results for our clients.
Protect Your Rights Through the Appellate Process
If you believe that legal errors occurred during your trial that affected the outcome of your case, the appellate process may provide an opportunity to seek justice and protect your rights. However, appeals involve strict deadlines and complex procedural requirements that must be carefully followed.
Don't let important appellate deadlines pass or trust your appeal to attorneys who lack specialized appellate experience. Our experienced appellate team has the knowledge, skills, and dedication necessary to handle your appeal effectively and give you the best possible chance for success.
Contact our appellate team today to schedule a consultation and learn about your appellate options. Time is critical in appellate cases, so don't delay in seeking experienced appellate representation to protect your rights and interests.