If you’ve recently lost a court case, whether that be by dismissal, summary judgment, a jury verdict, or anything in between, the amount of time you have to appeal that decision may be incredibly narrow. Likewise, if you have recently won your case and the other side is appealing that win, you may only have a few short weeks to respond once the case goes up on appeal. Hiring an accomplished, competent appellate attorney makes all the difference in getting a case reversed or affirmed on appeal.
An unfavorable court decision does not always mean a case is over. When a trial court makes a legal or procedural error, an appeal may provide an opportunity to challenge that decision before a higher court. Likewise, when a favorable judgment is appealed by the opposing party, experienced appellate counsel can be critical to defending the result.
Our attorneys represent both appellants and appellees in complex appeals before state and federal courts. We bring a thorough, strategic approach to appellate advocacy, combining careful analysis of the record with extensive legal research, persuasive written advocacy, and focused, unwavering oral argument.
Having a legal team that understands both trial litigation and appellate practice can also provide an important advantage. Decisions made during litigation can have significant consequences on appeal. By understanding how issues must be raised, developed, and preserved at the trial level, our attorneys can approach cases with both the immediate litigation strategy and the possibility of appellate review in mind.
Simply disagreeing with a judge or jury's decision is generally not enough to obtain appellate relief. There must typically be an identifiable legal or procedural basis for challenging the decision.
Depending on the circumstances of the case, appellate issues may involve:
Determining whether an appeal has viable grounds requires a careful review of what occurred in the lower court. Our attorneys analyze the record, relevant orders and rulings, transcripts, motions, objections, and applicable law to identify issues that may warrant appellate review.
Trial advocacy and appellate advocacy are closely connected, but they require different skill sets.
At trial, attorneys build a factual record, examine witnesses, introduce evidence, make objections, and present a case to a judge or jury. On appeal, the focus shifts primarily to the existing record and the legal significance of what occurred below.
Appellate attorneys must be able to take an extensive record and identify the issues that are most important to the reviewing court. They must understand which arguments have been preserved, determine the appropriate standard of review, research controlling and persuasive authority, and explain why the lower court's decision should either be disturbed or upheld.
The ability to communicate those arguments through clear, precise, and persuasive legal writing is particularly important. In many appeals, the written briefs provide the court with its most comprehensive presentation of the parties' positions.
Our appellate practice includes representation on both sides of the appellate process.
For appellants, we evaluate the lower court proceedings, identify potentially reversible errors, develop the strongest appellate issues, and present a focused argument explaining why appellate relief is warranted.
For appellees, our role is different but equally important. A favorable judgment can be placed at risk when the opposing party files an appeal. We analyze the appellant's arguments, identify weaknesses in those claims, determine whether alternative grounds support the judgment, and advocate for the lower court's decision to be affirmed.
Our experience representing both appellants and appellees provides valuable perspective. Understanding how appellate arguments are developed and challenged allows our attorneys to anticipate opposing positions and prepare a more comprehensive appellate strategy.
Every appeal is different, but effective appellate representation requires careful review, strategic analysis, and persuasive advocacy.
Our attorneys handle appellate matters in both state and federal courts.
Although the fundamental principles of appellate advocacy are similar, every appellate court operates under its own jurisdictional requirements, procedural rules, filing deadlines, briefing standards, and practices. Understanding these requirements is critical because appellate deadlines can be strict, and procedural mistakes can affect a party's ability to obtain review. Moreover, appellate courts are often more strict in interpretation and application of their own rules.
Our appellate work includes matters before intermediate appellate courts, courts of last resort, and federal appellate courts, as well as cases involving requests for further discretionary review when appropriate.
Appeals require patience, precision, sophisticated legal analysis, and exceptional attention to detail. Our attorneys bring those qualities to every appellate matter we handle.
Over the past decade, the firm has obtained favorable outcomes in more than 50% of the appeals it has handled. While every case is unique and past results cannot guarantee a particular outcome, our record reflects the level of preparation, research, and advocacy we bring to appellate matters.
Whether we are challenging an unfavorable decision or defending a favorable judgment, our objective is the same: to identify the strongest legal arguments available and present them to the appellate court as clearly and persuasively as possible.
Whether you are challenging a court decision or defending a favorable judgment, our appellate attorneys are prepared to advocate for you. Contact Schwartz & Arminavage today to discuss your case and learn how we can help.
Please reach us at info@schwartzarmlaw.com or call us at (301) 474-2300 if you cannot find an answer to your question.
An appeal is a request for a higher court to review a decision made by a lower court. Unlike a trial, an appeal generally does not involve presenting new evidence, calling new witnesses, or retrying the case.
Instead, an appellate court typically reviews the existing record to determine whether the lower court committed a legal or procedural error that warrants reversing, modifying, or otherwise addressing the decision.
That distinction makes appellate advocacy fundamentally different from trial litigation. An appellate attorney must understand not only the underlying area of law, but also the specialized rules governing appellate jurisdiction, preservation of issues, standards of review, briefing, deadlines, oral argument, and the remedies available on appeal.
Appellate deadlines vary depending on the court and type of case, and they can be extremely strict. In some circumstances, missing the applicable deadline can result in losing the ability to appeal.
For that reason, anyone considering an appeal should speak with appellate counsel as soon as possible after an unfavorable ruling or judgment.
No. An appeal focuses on whether the lower court committed a legal or procedural error based on the record already created. New witnesses and evidence generally are not presented in the same manner they would be at trial.
The available relief depends on the case and the issue being reviewed. An appellate court may reverse a lower court decision, modify it, vacate a ruling, or send the case back to the lower court for additional proceedings. In some cases, the appellate court may affirm certain portions of a decision while reversing or modifying others.
A remand occurs when an appellate court sends a case back to the lower court for additional proceedings. The lower court generally must then proceed in accordance with the appellate court's decision and instructions.
Absolutely. Appellate attorneys are frequently retained after trial counsel has completed the underlying case. When we enter a matter at the appellate stage, we independently review the record, rulings, preserved issues, and applicable law to evaluate the available appellate arguments.
As early as possible. Strict filing timelines may begin to run immediately after certain judgments or orders are entered.
Appellate counsel can also become involved before a case concludes when significant legal issues arise at the trial level. Early involvement can help identify and preserve issues that may later become important on appeal.
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