Appeals
We have decades of experience with appeals in federal and state courts and agencies, including the Second, Fifth, and Seventh Circuits, the New York Court of Appeals, the Appellate Division, Fourth Department, other state appellate courts, and administrative agencies.
We concentrate on appeals because we consider each case unique, and we like learning. We are committed to rigorous analysis, thorough research, and persuasive writing. Our appeals have addressed securities fraud, breach of contract, pension (ERISA), estates, defamation, nuisance, equitable distribution, personal injury, and professional malpractice. We represent appellants seeking to vacate dismissals or to reverse or modify trial-court orders and judgments, and appellees defending favorable decisions.
Obviously, we could not and do not guarantee results. Statistically, the odds are stacked heavily against changing trial court rulings. There are many procedural and decisional rules that support deferring to the trial court in doubtful cases. We just do our best to see to it that a client who’s entitled to win does so.
We don’t think there’s any “secret” or “trick” to being a good appellate lawyer. We view it as our responsibility, first, to understand the relevant facts completely; second, to find the law that fits best with those facts to make the most persuasive case; and finally, to put that case into words in an effective and efficient way.
Before making an offer of representation in an appeal, we try to gather enough information and do enough preliminary research to satisfy ourselves that an appeal would not be frivolous. When this requires a substantial amount of time, we may ask for a file review fee prior to making an offer. But we would never charge a potential client such a fee without a prior express agreement to that effect.
We also work on appeals and appellate motions with other attorneys, especially those in and around New York City and Chicago in small offices with complicated, time-consuming cases.
Contact the Rosenhouse Law Office at our Rochester, New York, or Northbrook, Illinois, office to discuss how we can assist with your or your client’s appeal.
FAQs
Looking for jurisdiction-specific information? See Appeals in New York, Appeals in Illinois, and Federal Appeals.
What does an appeal do?
An appeal asks a reviewing court to examine a decision for errors that may warrant changing the result. It is generally not a new trial. Review usually focuses on the existing record and written briefs; the court may also hear oral argument. New testimony and evidence ordinarily cannot be added. The process for reviewing an administrative-agency decision may differ from an appeal of a trial-court judgment.
What are the odds of winning an appeal?
There is no reliable way to predict the outcome of a particular appeal from a general success rate. Reviewing courts apply different standards to different issues and often defer to a trial court’s factual findings or discretionary decisions. We review the available record and conduct preliminary research before deciding whether to offer representation, and we cannot guarantee a result.
Do I need a different lawyer for my appeal?
Not necessarily, but appellate counsel can be helpful. Appeals call for focused analysis of the existing record, legal research, and written advocacy. A fresh perspective may help identify and frame the strongest issues. Some trial lawyers work with appellate counsel, and we also work with other attorneys on appeals and appellate motions.
How much does an appeal cost, and how long does it take?
Cost depends on the court, the size of the record, and the complexity of the issues. We discuss the scope of work and fees before undertaking a matter. If substantial preliminary review is needed, we may propose a separate file review for an agreed fee. The time required also varies considerably by court and case; an appeal may take several months or more than a year.
What should I bring to a first call?
Please have the judgment, order, or agency decision you want reviewed; any notice of entry or proof of service; the docket; key filings and prior decisions; and any available transcripts. Tell us when and how you received the decision and whether you know of a pending deadline. If a deadline may be close, say so when you contact us.
Do you handle appeals from administrative agencies?
Yes, depending on the agency and the matter. Agency decisions may be subject to different review procedures, short deadlines, or a required internal appeal before court review is available. Contact a lawyer promptly after receiving an adverse decision.
Important notice
This FAQ provides general information, not legal advice. Procedures and deadlines vary by jurisdiction, court, agency, and type of decision. Reading this page, contacting us, or requesting a file review does not create an attorney–client relationship or mean that we have agreed to represent you, file an appeal, or monitor a deadline. Representation begins only if we both agree to it. If you may wish to challenge a decision, promptly consult a lawyer about the rules and deadlines that apply to your case.
