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Appeals
While the
judges who are appointed and elected to preside over our trial
courts are usually experienced and knowledgeable, they are not
infallible. They occasionally misapply the law in deciding, for
example, which evidence is admissible or what legal instructions
are to be given to the jury. They also are regularly called upon
to interpret and apply new laws that have never before been the
subject of a legal opinion. These decisions are subject to
review by appellate courts.
The
handling of an appeal, whether on behalf of a client seeking to
overturn a lower court decision or a client seeking to uphold
one, can be one of the most intellectually challenging tasks a
lawyer undertakes. The attorney must identify and frame the
issues that are to be the subject of the appeal. He must cull
from the voluminous trial record those portions that are
pertinent to the appeal. And he must write the appellate brief.
The
writing of persuasive appellate briefs is a skill that can take
many years to develop and perfect. It is not surprising that
many law firms decline to handle appeals, preferring instead to
refer this work to experienced specialists. Each appellate court
has its own technical requirements that must be strictly
observed. Within that framework, the appellate lawyer must
present in a concise and logical manner the legal position that
his client seeks to advance. Extensive and thorough legal
research must be undertaken to ensure that no applicable
precedent is overlooked.
The
appellate lawyer then must argue the case to the appellate
court. Facing rigorous questioning from a panel of experienced
appellate judges, the lawyer must anticipate the questions that
will be put to him and be prepared to respond without
hesitation.
Over the
years, our firm has successfully handled many appeals involving
novel and complex legal issues. We have handled appeals not only
for clients whom we have represented in the trial courts, but
also for clients whose cases were tried by other lawyers who
have referred the appeals to us. Our experience spans the state
and federal appellate courts of the District of Columbia,
Maryland and Virginia and even the United States Supreme Court.
Many of the appeals we have handled are the subject of published
opinions that have established important precedents in such
areas as insurance, administrative, workers compensation, motor
vehicle, and Constitutional law.
In
every jurisdiction, there is a very limited period, usually 30
days or less, following the entry of a judgment in which to
initiate the appeals process. Therefore, if you are considering
an appeal from an adverse judgment, you should contact us as
soon as possible after the judgment is entered.
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