Appellate
Garson & Jakub LLP’s experienced appellate practice group has effectively presented its arguments in numerous appeal cases, many of which have significantly influenced laws in the state of New York, leading to the team’s recognition and appreciation by clients, opponents, and judges.
In the event of an unfavorable verdict or decision, a defendant can opt to appeal the case to an appellate court. However, an appeal is not a retrial, as there are no juries or witnesses, and new evidence is not presented. Rather, the focus of an appellate court is on whether the law was correctly applied in the lower court’s decision, and whether any procedural or other errors were committed. The practice of appellate law requires distinct skills and strategies that are different from those needed in trial law. Because these skills are also useful at the pre-trial and trial level, appellate attorneys frequently collaborate with trial lawyers at various stages of case litigation.
Who We Represent
We have effectively represented a variety of clients on appeal, including hospitals, clinics, physician group practices, corporations, and executives.
What We Handle
Handling cases on appeal is a process that involves managing all aspects of our client’s cases from start to finish. Garson & Jakub LLP recognizes the importance of providing guidance to our trial attorneys in the beginning stages of the litigation process to build a robust court record and determine the most compelling arguments to make. Ultimately, assembling a strong legal team from the outset is critical to obtaining a positive outcome.
Our team handles:
Pre-appeal –
Before the appeal, our law firm provides services to protect the record and establish critical legal issues that may potentially result in an appeal due to any misapplication of the same by the court. We assure that the strongest arguments are presented throughout the proceedings and provide practical help to trial counsel regarding motions, requests to charge, and other arising issues. Our team also offers impartial advice and analysis, including an evaluation of the probability of a successful appeal.
During appeal –
The firm thoroughly investigates the court records to discover any possible inconsistencies or errors. Our team scrutinizes applicable case laws to strengthen the case’s position, craft compelling and succinct briefs, and present persuasive arguments before the appellate panel. Additionally, we offer meticulous assessments of alleged damages in high-risk cases, to increase the possibility of favorable resolutions.
How We Help
There are myriad of challenges an inexperienced practitioner may face in the appellate court system due to its distinct set of rules and procedures. Fortunately, the seasoned members of our Appellate practice group boast an extensive background in advocating before appellate judges and have honed the necessary analytical, written, and oral skills required for success in this arena.
In terms of the valid grounds for an appeal, these include errors in the proper application of the law, procedural slip-ups, instances of juror misconduct, mistaken jury instruction, the improper admission of evidence, and a lack of evidence to support the verdict.
