Frequently Asked Questions

What is an appeal?

An appeal is a legal procedure for seeking review of a decision made either in a trial court, in an administrative tribunal or in any other tribunal of first instance. The appellate court decides the appeal based on the applicable standard of appellate review. Depending on the legal issues invovled, the standard of review may require the appellate court to give more or less deference to the decision of the lower tribunal.

Why do I need an appellate lawyer?

Having an appellate lawyer handle your appeal provides several advantages. First, the appellate lawyer is familiar with the specific rules and procedures that apply to appeals, which can be very different from those that apply at the trial level. Second, an appellate lawyer can bring a fresh perspective to your case, which allows the appellate lawyer to analyze the case objectively (just as the appellate court will analyze it) and to spot different issues or potential strategies that may be less apparent to a litigator who has been entrenched in the case for a long time. If retained early enough in the case, an appellate lawyer can be instrumental in identifying important issues and in preserving the issues for appellate review. Finally, a good appellate lawyer understands that the appellate court is a different kind of audience than a jury or even a trial judge. For example, the appellate courts are particularly interested in how their decisions will impact the state of the law and similar cases that may follow.

Do you represent plaintiffs or defendants?

The firm has successfully represented plaintiffs, defendants and third parties at the trial and appellate levels. The firm's clients include individuals, business entities and government entities. The firm is dedicated to helping clients of all types solve their legal problems.

Do you handle criminal appeals?

The firm presently handles civil appeals only.

What are the key steps in the appellate process?

The appellate process begins after a trial court issues a final judgment or order, or sometimes earlier under special circumstances. The first step is filing a notice of appeal within the deadline set by law. Once the appeal is initiated, the appellate process involves preparing and submitting written briefs that outline the legal arguments for why the lower court’s decision should be reversed or modified. The opposing party will have the opportunity to respond with their own brief. In some cases, the appellate court may also schedule oral arguments, where both sides present their positions to a panel of judges. The appellate court will then review the trial court record, legal briefs, and oral arguments (if held) before issuing a written decision. It is important to note that appeals focus on legal or procedural issues based on the record created in the trial court; appeals do not provide an opportunity to re-try the case or to present new evidence.

What are your fees?

Atler Law Firm, P.C. offers several different types of fee structures, including hourly billing, task-based flat fees, and incentive-based fees. The firm does not charge for clerical work. The firm ordinarily does not charge a consultation fee but may elect to do so if significant preparation is required. The firm does require the deposit of a refundable retainer before work can begin. Similarly, the firm cannot begin work until the client or an authorized agent has signed an engagement letter setting forth the specific scope of work to be performed and the agreed-upon payment terms.