Appellate Referrals
If you’re seeking help with an appeal in state or federal court in Maryland, Pennsylvania, or New Jersey, our appellate team can help you determine the right strategy and approach to your appeal. Appellate work is dramatically different than trial work, and you probably know that. After the adrenaline of a trial wears off and the dust of disputed facts settles, figuring out how to attack or protect a jury finding or a judge’s decision requires the mindset of specialists able to take a fresh look at a cold record and give an independent analysis.
At Cornerstone Law Firm, we understand that referring your clients to us is an act of supreme trust. We also understand that your reputation is on the line along with ours when you send us an appeal. Handing appellate work is not for the faint of heart. Our team has handled appellate work in the form of merits appeals or amicus briefing at every level of the Pennsylvania state and federal system. Whether you simply need the advice of a consultant or a second opinion about the case you’ve handled, our team is here to help.
Call us today for a free conversation about your appeal. We’ll talk with you about your client’s case and discuss how we can partner with you to help defend your verdict on appeal or attack the erroneous decision from below.
The deadlines are draconian
It’s urgent to talk to a specialist as quickly as possible. The deadlines are fast-paced, and figuring out which apply depends on a few factors. But in Pennsylvania state court, you should be aware that the first civil deadline is 10 days after the entry of judgment. Any issues not raised in this filing are waived. For family and criminal matters, you usually have more time, but the more time you have to work with appellate counsel, the better the appeal often is.
Your immediate appeal
Preserving issues for appeal isn’t just for trial practice. You’ll need to make sure that you properly state the question presented and the issues along the way. Issues not presented before the intermediate
Targeting Circuit Splits and Interesting Questions of Law
When brewing your appeal, it is important to remember that appellate judges have a different method of determining what they rule on. You are entitled to one appeal in both federal and state court. After that, it is on you to prove that the case warrants consideration before the highest court of the jurisdiction. In both Pennsylvania and the federal system, this means demonstrating that your case is significant to American law and showing that the case is a part of an import Circuit Split. Circuit Splits is when one circuit (such as the Third Circuit) disagrees with another circuit (such as the Ninth Circuit) on a point of law. In Pennsylvania, we are in an unusual situation of having Circuit Splits between the Superior Court and the Commonwealth Court on cases from time to time. These are the type of cases that the Supreme Court of Pennsylvania and the US are most interested in. A specialized appellate attorney can help you to figure out how to crack your appeal starting with your post trial motion. In such a way as to evoke interest shouldn’t be necessary to take it to the highest court. This is the method of giving your appeal the best chance of continued vitality.
Oral Argument Specialists
Another important element of a successful appellate proceeding is oral argument. Oral argument before an appellate panel of judges is very different from oral arguments in trial court or other contexts. Appellate panels tend to be very interested in how the legal issues presented in your case affect the general framework of the law. The judges are not interested in passion or emotion and many times they resent the histrionics typical of trial advocacy. Appellate panels expect the litigants to “play along” with questions critical of the case in hand or challenging of your tactics below.
One of the biggest mistakes an advocate can make is to “fight the hypo.” Appellate judges are famous for asking how your proposed outcome would affect wildly different hypotheticals, and they will immediately knock down the response, “That’s not this case.” They want to hear the advocate engage with difficult questions well beyond the facts at hand.
All of this can be daunting for an attorney without the practice necessary to put on an excellent appellate argument. Moot court sessions aren’t just a law school tactic. They are vital for successful oral arguments on appeal.
Some courts do not request oral argument. The Third Circuit Court of Appeals, for example, only requests argument in cases where the panel believes it will be helpful to them. The Superior Court makes it optional for the litigants, who may choose no argument or shortened argument.
Conclusion: How can Cornerstone Law Firm help your client?
If you’re engaged in an appeal in Pennsylvania, Maryland or New Jersey state or federal court, call us to discuss how we can help your client. We can serve as co-counsel or handle the appeal moving forward. Our team works diligently to sharpen and deploy our skills in appellate advocacy and we look forward to the chance to work for you and your clients.