appellate litigation

Baron Associates P.C. handles civil appellate litigation from top to bottom with our team of attorneys with admissions in most appellate courts, including the United States Supreme Court. With over thirty years of experience, our firm has the capability to provide our clients with high level appellate services from full briefing all the way to oral argument. Appellate litigation differs from trial litigation in several fundamental ways. Different standards of review apply in different types of appeals and the experienced appellate litigation attorney at Baron Associates P.C. are here ready to engage and put our services to work for you.

appellate litigation

Appellate litigation differs from trial litigation in several fundamental ways. Different standards of review apply in different types of appeals. Unlike a lower court or administrative agency, courts of appeals such as the New York Court of Appeals or the Appellate Division, typically do not review new evidence or hear additional testimony. Instead, they analyze the lower court’s verdict, decision, judgment or order and decide whether to overturn it or to remand the matter which means sending it back to the lower court to “do-over”. Depending on the standard of review, the appellate court’s analysis may be broad or very narrow. Typically, you must show that the lower court abused its discretion or made a reversible error. De novo review (by which the appellate court reviews afresh the lower court’s decision, including findings of fact) is relatively rare.

Filing a Notice of Appeal is simply the first step in a lengthy and complex appeal process. Your New York appellate litigation attorney will eventually have to file many documents such as written briefs, motions, and responses on your behalf. The success or failure of an appeal can be significantly determined by the appellate brief which is the document that outlines the “why” you are appealing and “why” you are right. This brief must summarize the key facts in both a brief and concise fashion and yet be persuasive in tenor; identify the issues that are most important to the outcome below; and explain how the lower court’s decision is supported by, or is inconsistent with, the governing law. Once all these documents have been filed and exchanged, oral argument would be the next step.

At oral argument, a litigator will often have little time to tell his story on behalf of his client but must immediately and persuasively respond to questions on any aspect of the case which has attracted the attention of a member of the appellate panel. For many an experienced litigator this may be akin to facing a “firing squad”. The attorneys of Baron Associates P.C. have for over thirty (30) years been successful with the appeals process from top to bottom.

The Appeal involves complicated procedures and analysis. Without the guidance of an experienced New York appellate litigation attorney such as Baron Associates P.C. you may be navigating a landmine field that could cause mistakes which would unduly increase your expenses, delay your appeal, or cause the appellate court to dismiss or deny your appeal. Before you prosecute an appeal on your own, consider the following issues:

  • On appeal, you will not have a new trial. Instead, the appellate court will assess the record already confirmed, review your legal arguments, and determine whether the lower court or administrative agency committed reversible error in either a specific verdict, decision, judgment or order.
  • Well thought out written arguments and sharp legal analysis are vital to a successful appeal. No matter how well-founded your intentions on appeal are, your success depends on the ability of your lawyer, on your behalf, to clearly, concisely, and persuasively explain, in written briefs and oral arguments your contentions.
  • Appellate briefs are very important documents which are meant to and designed for setting forth the facts accurately but in a light advantageous to the client, and which should be compelling that the lower court misapprehended the facts, wrongly stated the law, or misapplied the law to the facts. Further, appellate briefs must follow a highly specific outlined format, down to the size and type of font and a number of staples used to bind.

Experience matters in a New York appeal. Many trial lawyers, although adept at presenting evidence and communicating with juries lack the skills that must be carried over to appellate practice. A successful appeal requires a thorough understanding of the applicable laws and a well-plotted, personalized appellate strategy. Without skilled legal representation, you are highly likely to overlook important legal issues and to violate rules of appellate procedure. The experienced attorneys at Baron Associates P.C. are ready willing and able to assist you in all your appellate needs.

Brooklyn, New York

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