A loss in trial court can feel like a major setback, but it does not mean your case is over. Mistakes can and do happen at the trial court level—judges, attorneys, and juries are all human, and the legal system is not perfect. Fortunately, an appeal provides a second chance for your case.

In a trial, oral advocacy is the primary focus, whereas in an appeal, written advocacy is key. The success or failure of an appeal often depends on the writing skills of the appellate attorney. At the appellate level, oral argument—the opportunity to present arguments directly to a panel of judges—is often not available, meaning everything rests on the written brief.

One of the challenges we face as appellate attorneys is that by the time a case reaches our desk, our clients are often exhausted by the legal process.

1.We don’t handle all types of appeals—we focus exclusively on civil appeals.

Why? Because we have been handling civil cases for decades. We understand how these cases work, know what to look for, and anticipate what to expect. Our experience allows us to efficiently analyze your case, which means lower costs for you—because we know how these cases are built from the ground up.

We can’t be great at all areas of law—you need someone who knows your specific area inside and out. An appeal is not just an appeal; it is one of the most critical stages of your case and should be handled by an attorney who specializes in a single area of law and knows it thoroughly. In this complex legal field, one size does not fit all.

2. We prefer business-related cases because we are more than just business lawyers—we are actively involved in the business world. We have the training, attend business seminars, and even run businesses for charitable purposes. Our first-hand experience gives us a deep understanding of how businesses operate and the challenges they face.

3. We are highly analytical. Our lead attorney, Steven Riznyk, holds a degree in biochemistry and genetics, a background that trained his mind to think in a sequential and logical manner. This methodical approach is embedded in our firm’s practice.

We analyze both the macro and micro aspects of your case while considering its many simultaneous layers—a process that happens continuously. This is exactly what you need. A civil case is a multidimensional entity that must be understood from all angles and perspectives if winning is the goal.

Preface: The person filing the appeal is called the appellant, while the person defending against an appeal is known as the appellee.

The case begins with a Notice of Appeal. Appeals always have strict deadlines, and the timeline—or “fuse,” as we call it—is short, typically around 30 days. The Notice of Appeal must be filed within this period; otherwise, the appeal will not be considered.

a. If your side is filing the appeal, we submit the opening brief—the longest and most detailed document—which presents and supports your case.

b. The appellee’s (or respondent’s) brief is the opposing party’s response, where they challenge and attack your arguments. If an appeal has been filed against you, this is where we craft the core of our defense.

c. The reply brief is the final document in the appeal process. Here, the appellant has the opportunity to respond to the arguments and attacks made in the appellee’s brief, reinforcing their position and addressing any counterpoints.

Affirmance: Nothing changes. The court does not find any reversible error, and the ruling from the lower court remains in place. This is the worst-case scenario for the party filing the appeal.

Modification: In this outcome, the court corrects the error or remands the case to the lower court for correction.

Reversal: If the appellate court determines that a prejudicial error occurred, it can partially or completely reverse the trial court’s ruling. This is the best possible outcome for the party filing the appeal.

Once the appellate decision is final, the case is moved back to where it started, and the lower court and the document used to do this is a remittitur (think the word ‘remit’). At this point, the appeal is over and the lower court proceedings resume.

Call now and receive a free high-level consultation for cases with $250,000 or more at risk: (619) 793-4827.