Appellate

Finely-honed argumentative skills, developed over years of appellate practice.

Appellate law is a specialized area of law and practice.  While trial courts resolve both factual disputes and legal issues, appellate courts only resolve legal questions.  Further, the standard of review depends on the type of issue brought before the Court of Appeal, with the presumption that the ruling of the trial court was correct.  In other words, an appeal is not a retrial or an opportunity to review the weight of the evidence.

At de la Peña & Holiday, we provide an honest and thoughtful evaluation of issues on appeal, applying our appellate experience to determine the context of the ruling, the applicable standards of appellate review and the likelihood of winning or reversal on appeal.  We know that appeals are primarily won by persuasive and well-supported briefs.

de la Peña & Holiday lawyers begin appellate work in the trial court by preservation of issues for appellate review as well as other substantive, procedural, and strategic decisions.

Our lawyers advise each client facing the decision to appeal or fight an appeal on the costs considerations involved in any appeal.  We want our clients to be well informed so that both their options and the path to their decision regarding an appeal is clear.  Given that appeals can easily take two years to reach conclusion, we encourage clients to thoroughly consider the option of settlement during the appeal process.  We are skillful and experienced negotiators and well prepared to use those skills on behalf of our clients.

When an appeal is the best choice, de la Peña & Holiday attorneys have the experience it takes to successfully pursue an appeal.  Knowing that appeals are won in written briefs, we are able to develop solid and persuasive answers to difficult and complex legal issues on behalf of our clients.

Areas of Expertise