A Second Bite at the Apple

Sometimes, a trial court gets it wrong. That is a simple fact of litigation - no judge is perfect. Maybe it was a tough call that could have gone either way. Maybe the court just missed the boat. Either way, this is not necessarily the end of your case - you have the option of appealing the trial court’s decision. (And of course, sometimes you win at the lower court, and the other side appeals. In this case, you have the right to oppose their appeal.)

The appellate process in New York can be daunting, even for lawyers. It is highly technical and requires adherence to strict deadlines and procedures. More substantively, a good appeal or opposition brief requires a firm command of the facts of the case and the law at issue. Excellent appellate lawyers are able to put themselves in the shoes of appellate court judges and craft arguments that “appeal” (pun intended) to their sensibilities and legal philosophies. Appellate briefs are lengthy, so they must be highly readable and engaging, and they must display a truly expert command of governing law and precedent. Appellate judges are very smart, and very experienced, and they will recognize a bad argument when they see one.

I work with clients to produce persuasive, effective, hard-hitting appeals and opposition briefs. I am well-versed in appellate practice, and my writing and research skills allow me to craft arguments that show appellate judges, step by step, why and how the trial court got it wrong (or, for oppositions, why they got it right).

In family law and divorce cases, appeals are common. In child custody situations, a court is trying to determine “best interests,” a nebulous and difficult concept that can lead to flawed rulings. In child support, alimony, and distribution cases, extreme awards, either very high or very low, may call for appellate review. Counsel fee decisions, too, can be contrary to established precedent and therefore problematic. And post-judgment issues, such as modifications of agreements, are rooted in complex case law that does lead to erroneous decisions by trial courts.

Law is often made at the appellate level, and successful attorneys know when to push for an extension of existing law, and when to stay within the bounds of established precedent. Every appeal should tell a story - of the facts and of what exactly happened before the trial court. As a writer and legal researcher, I am uniquely qualified to tell your story.

I don’t sugarcoat things for potential clients - if I don’t think you have a case, I’ll tell you not to waste your money. And if you do have a case, let’s handle it together.