A REASONABLY PRICED APPELLATE LAWYER:
I represent businesses and individuals in civil appeals in state and federal courts. I have experience with appeals involving deportation orders, personal injury cases, mandamus actions, and challenges to utility rates. I am admitted to practice before the Supreme Court of the United States, as well as before the United States Courts of Appeals for the Fifth, Sixth, and Ninth Circuits. I have argued orally before the Sixth Circuit, as well as before the Fourteenth Court of Appeals, a Texas state court.
I was first exposed to the appellate system as a law student, when I enjoyed the privilege of serving, as an intern, for course credit, the Honorable Nathan Hecht, the most senior Justice on the Supreme Court of Texas, and one of the foremost jurists in our country.
A good percentage of my work involves appeals. I generally handle appeals on the basis of reasonable, flat-fee arrangements, negotiated in advance. This way, you, the client, do not have to worry about the shell shock that so often accompanies the receipt of hourly-based law firm bills.
If you or your company has lost at trial or on summary judgement, or if your case has been disposed upon a Rule 12(b) motion (pursuant to the Federal Rules of Civil Procedure, in federal court) or upon a plea to the jurisdiction (in state court), I would welcome the opportunity to meet with you, in order to advise you regarding how and/or whether to proceed on appeal. The decision regarding whether or not to appeal must be carefully considered; all of the relevant options should be properly weighed.
Moreover, if your case is still at the trial stage, but you foresee the possibility of an appeal (by any of the parties), you may benefit from consulting with an appellate lawyer right away. A lawyer who handles appeals can help to identify steps which must be taken, during the run-up to trial and at trial itself, in order to preserve claims of reversible error (in most instances, the courts of appeals will not consider objections — i.e., claims of reversible error — which were not previously aired before the trial judge).
Having an appellate lawyer available, during the course of a trial proceeding, is also advantageous because certain types of appeals (such as mandamus appeals) must be taken on an interlocutory basis; that is, such appeals must be initiated prior to the end of a trial or other rendering of judgment. Examples of these appeals include: (1) some (yet not all) appeals of judicial orders regarding arbitration agreements; (2) appeals of orders disqualifying judges or attorneys; and, (3) appeals of orders which either dismiss or refuse to dismiss lawsuits against governmental entities, on grounds of sovereign immunity.
In general, the determination, whether to appeal, is primarily informed by the weighing of two factors. The first factor, quite obviously, is the cost. Competent representation on appeal, which implicates diligent briefing and possibly oral argument (at the discretion of the appellate court), can be considerable. Luckily, this is where I can help you save money, BIG TIME. I can handle some appeals for less than five thousand dollars. This is much more cost-effective than larger firms.
The second factor influencing the viability of an appeal is the likelihood of success. Most "appellants" (parties appealing, as opposed to parties defending against appeals) will often run into institutional judicial resistance towards overturning a lower court decision. (Why waste taxpayer money to do something a second time, especially when all the parties are private citizens or entities?) Thus, a good appeal should, generally speaking, identify at least one solid ground of legal error as grounds for reversal.
A considerable portion of the appeals which I handle involve cases in which other attorneys did work at the trial (and even at the administrative appellate) level. It is frequently preferable for an attorney who did not manage a case at trial, to conduct the appeal. It's all about having a fresh set of eyes look at a record. It's also about hiring an appellate attorney who is more inclined towards those aspects of legal practice which characterize appellate representation, such as legal research. (I devote a significant portion of my working time and evenings to reading case law and relevant statutory and regulatory materials. I also spend a pretty penny, every month, in order to have access to a wide variety of legal resources on Westlaw. A lot of other lawyers, especially sole practitioners, buck this expense.)
So if you, your company, or even your law firm has a need for appellate representation, please contact me for a confidential, complimentary discussion about your case.
