Appellate practice is recognized as a distinct specialty by many state bars, including California. Jay-Allen Eisen, principal of our firm, was one of the first attorneys in California certified as an Appellate Specialist by the State Bar of California Board of Legal Specialization. He has served as a member of the Appellate Advisory Commission to the State Bar Board of Legal Specialization, which sets the standards for and determines the qualifications of practitioners to become certified appellate law specialists.
Considerations in taking or defending an appeal
Appellate practice requires a different perspective than trial litigation. Clients may have to decide whether to appeal an adverse ruling or judgment, or they may need help in defending a successful outcome in the trial court. The attorneys at Jay-Allen Eisen Law Corporation bring a combined experience of more than 55 years to the practice, and can provide knowledgeable advice and counsel on the many issues that must be considered. These may include, among others:
- Can the trial court’s ruling be appealed?
- What standards will the appellate court apply in deciding the issues that might be raised on appeal—that is, will the appellate court give deference to the trial court’s ruling or will the appellate court decide the question independently, without regard to the trial judge’s holding?
- What special rules of appellate practice and procedure will apply?
- What arguments are most likely to prevail?
- What is the likelihood of success or failure on appeal?
- What economic or other practical considerations should be taken into account?
- Should the case be settled and, if so, what factors should be considered in reaching a settlement?
Pre-appeal services
Our attorneys are available to work with trial counsel to help prepare for an appeal. We present or assist in presenting law and motion matters to the trial court. We help trial counsel take the proper and necessary steps to preserve issues for appeal. And we provide tactical and strategic advice on how best to present or respond to issues in the trial court that might be raised on appeal.
Counseling services
We also provide counseling and advice on issues of statutory interpretation, constitutional issues, and other questions of law that inevitably arise in the course of trial court litigation. Pre-trial, we assist trial counsel on such matters as demurrers, motions for judgment on the pleadings, anti-SLAPP motions, and motions for summary judgment or summary adjudication. During trial, we assist with matters such as motions in limine, briefing and arguing difficult questions on admissibility of evidence, making or opposing motions for nonsuit or directed verdict, and jury instructions. After trial, we are available for motions for new trial, motions for judgment notwithstanding the verdict, motions to vacate the judgment and motions for reconsideration.
Mediation and settlement
The firm brings special skill and expertise to cases in which settlement is an appropriate consideration. Our firm has participated in countless mediations and appellate settlement conferences, and has settled cases outside the formal conference setting, as well. Most of the Courts of Appeal in California have adopted mediation programs. Jay-Allen Eisen, the principal of the firm, is on the panels of mediators for the First and Third Appellate Districts. See
Appellate Mediation
