When a case goes to trial, it must be handled quickly and effectively. That requires an appellate advocacy firm with a proven record of winning on appeal.
Appellate advocacy is a focused discipline that demands an exceptional understanding of the law and impeccable brief writing. At Brownstone Law we have the resources and skill to turn the tide on appeals.
Appellate Advocacy
Appellate advocacy is a type of legal practice that involves challenging a court's decision. Those who work in this field often review transcripts and other records from lower court trials, conduct research, and meet with clients.
Typically, the lawyer who represents the plaintiff in an appeal will write an initial brief, which argues against the trial court's decision and states why it should be overturned. The lawyer then argues the case before the higher court.
A skilled appellate lawyer can be vital to a winning appeal, so it's important to choose one who has the right experience and knowledge.
Brownstone Law is a team of top-tier attorneys that specializes in federal and civil appeals. They are committed to seeking the truth and upholding the rule of law. Their team is led by attorney Robert Sirianni, who has extensive experience litigating cases before all federal courts of appeals.
Federal Appeals
Appeals in the United States are a means to challenge a trial court’s decision on a legal matter. If you lose a case in a federal court, you can ask the appellate courts to review the court’s decision and make it right for your case.
In the federal system, there are 94 District Courts (trial courts), 13 Courts of Appeals (intermediate appeal courts), and the United States Supreme Court. Each has jurisdiction over a certain region of the country, and each makes its decisions from cases that have gone through its District Courts in that region.
Each of these courts reviews decisions made in the lower-level circuit courts and, if necessary, can also decide to overturn a decision by a district court that it deems unconstitutional or inappropriate. The Supreme Court of the United States only reviews a very small percentage of the appeals filed with it each year, and the decisions from these lower-level courts are usually the last word on most federal matters.
Criminal Appeals
Appeals are an essential part of the justice system. They allow a defendant to challenge errors that occurred during a trial or at sentencing.
When you appeal a criminal conviction, your lawyer will thoroughly research and analyze the court transcripts and other relevant evidence to determine if there were any errors that could have impacted the outcome of the trial. Then, the attorney prepares an appellate brief and oral argument for the Appellate Division to review.
Typically, a successful appeal results in the Appellate Division ordering a retrial or dismissing your case entirely. Whether or not you win your appeal depends on the strength of your case, the complexity of the law involved, and the expertise and experience of your attorney.
Real Estate Appeals
Real estate appeals are a dime a dozen in New York City, but getting the best possible result may require the assistance of professionals. Your city assessor may be able to provide an explanation of the assessment on the phone, but a professional can help you sift through the facts and make sure you aren’t being overcharged. If the assessment is high by a wide margin, you may be able to enlist the aid of the board of tax appeals (BOTA) to lower your property taxes.
Our attorneys are well-versed in all aspects of the real estate biz, so we know exactly how to present your case. In particular, we are familiar with the finer points of the real estate tax assessment process, including the eAppeals portal that allows you to check your progress online and receive a plethora of related documents in the mail. For more information on how Brownstone Law can help you with your real estate tax assessment appeal, give us a call today!
Appendices
Frequently Asked Questions (Faqs)
Q: What is appellate advocacy, and why is it important?
Appellate advocacy refers to the process of representing clients in appeals courts after a lower court has made a decision. It is important because the appeals court is often the last opportunity for a party to challenge the lower court's decision and obtain a favorable outcome.
Q: What should I look for when hiring an appellate advocacy firm?
When hiring an appellate advocacy firm, you should look for a firm with a proven record of winning on appeal, experience in the specific area of law that your case falls under, and attorneys who are skilled in legal research, writing, and oral argument.
Q: How does a firm's record of winning on appeal impact my case?
A firm's record of winning on appeal can be a good indicator of their ability to successfully represent your case. It shows that they have experience in appellate advocacy and have been successful in persuading appellate courts to overturn lower court decisions.
Q: What are some common mistakes made during appellate advocacy?
Common mistakes made during appellate advocacy include failing to properly preserve issues for appeal, making arguments that are not supported by the record, and failing to address potential counterarguments or weaknesses in the case.
Q: Can I hire a different firm for appellate advocacy than the one that represented me in the lower court?
Yes, you can hire a different firm for appellate advocacy than the one that represented you in the lower court. In fact, it can be beneficial to hire a firm with specific experience in appellate advocacy to handle your appeal, as it requires a different set of skills than trial advocacy.
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