Los Angeles Appeals Lawyer
A final judgment from the trial court feels absolute. When that judgment goes against you, it can seem as if the case is over and the outcome is set in stone. But in the California legal system, a trial judge’s decision is not always the final word.
The appellate process exists to correct legal errors that may have produced an unjust result. The team at Wade Litigation serves as your Los Angeles appeals lawyer, providing skills in legal research, writing, and strategic analysis to challenge or defend a trial court’s judgment.
An appeal is not a second chance to tell your story or present new evidence. It is a rigorous, academic dissection of the trial record, a search for critical mistakes in the application of law.
Success in this demanding arena is won on the strength of the written word and the power of legal argument. We bring a disciplined, objective eye to every case, fighting for a just result at the next level of the court system.
The appellate briefing
- An appeal is a formal review of the trial court record for legal errors, not a “do-over” of the trial. The appellate court considers only the evidence and arguments made in the original case.
- The deadlines for filing an appeal are absolute and short. For most civil and family law cases in Los Angeles, you must file a Notice of Appeal within 60 days of the judgment. Missing this deadline permanently forfeits your right to appeal, which is why consulting a knowledgeable family law attorney can be essential.
- Victory on appeal is achieved through sophisticated legal research and powerful, persuasive writing. The written appellate brief is the single most important element of your case.
- The justices of the Second District Court of Appeal decide all appeals from the Los Angeles County Superior Court.
- Wade Litigation has the experience to represent clients as either the “appellant” (the party challenging the ruling) or the “respondent” (the party defending the ruling).
Why Wade Litigation is Your Advocate for Los Angeles Appeals
- The skills that win a trial are fundamentally different from those required to win on appeal. Appellate advocacy is a specialized discipline that demands a unique combination of analytical rigor, scholarly research, and persuasive writing. Wade Litigation provides the focused representation necessary for the distinct challenges of the appellate process.
A fresh, objective review of your case
An attorney who was not involved in the trial can assess the case with a fresh and objective perspective. We are not emotionally tied to the original trial strategy. Our sole function is to perform a cold, hard analysis of the trial record—the transcripts, the evidence, the motions—to identify the reversible legal errors that others may have missed. Our comprehensive review of your trial court record is a multi-step, meticulous process. We deconstruct the case from beginning to end to identify the most promising grounds for appeal.- Analyzing all pre-trial motions and rulings for legal error.
- Scrutinizing the court reporter’s transcripts for improper evidentiary rulings.
- Evaluating the jury instructions for misstatements of the law.
- Assessing whether the final judgment is legally consistent with the facts presented.
Mastery of persuasive legal writing
Appeals are won on paper. The appellate briefs are not just summaries of the case; they are complex legal arguments designed to persuade a panel of experienced justices. Our attorneys excel at the in-depth legal research and sophisticated writing required to craft briefs that are clear, compelling, and grounded in sound legal precedent.Experience in the second district court of appeal
The Second District Court of Appeal hears all appeals from Los Angeles County. We practice before this court regularly. We are familiar with its specific local rules, its filing procedures, and the expectations of its justices. This localized experience ensures we present your case in a format and style that resonates with the court that will decide your future.
The Anatomy of an Appeal: A Different Legal Arena
The appellate process is a world away from the drama of a trial court. There are no witnesses, no juries, and no presentation of new evidence. It is a scholarly debate about the law itself and whether the trial judge applied it correctly to the facts of your case.
The search for “reversible error”
An appeal is not a complaint that you simply disagree with the outcome. To win, we must prove that the trial court made a “legal error” and that the error was “prejudicial.”
This means the mistake was not a minor technicality but was significant enough that it likely changed the final result of the case. An appellate court looks for specific types of mistakes made by the trial judge.
These errors must have been significant enough to potentially change the case’s outcome.
- Improper evidentiary rulings.
- Incorrect jury instructions.
- Misapplication of the law.
- Abuse of discretion.
Identifying these errors requires a meticulous review of the entire trial record. A skilled appellate attorney knows how to frame these issues in a way that persuades the appellate justices that a different result was required.
The trial record is the entire universe
The appeal is strictly confined to the four corners of the trial court record. We cannot introduce a new document or call a new witness. The “record on appeal” contains everything that was filed or said in the trial court, including court reporter’s transcripts, all admitted exhibits, and all motions and pleadings.
We find the winning argument within that closed universe of information.
The Unforgiving Nature of Appellate Deadlines
The timeline for filing an appeal is one of the strictest in all of law. Under the California Rules of Court, Rule 8.104, a Notice of Appeal must generally be filed within 60 days of service of the notice of entry of judgment.
This deadline is “jurisdictional,” meaning if it is missed by even a single day, the right to appeal is lost forever.
Building the argument: The power of the written brief
The heart of the appellate process is the research and writing of the legal briefs. These documents are where the case is made and, most often, where it is won or lost.
The appellant’s opening brief
The opening brief, filed by the party appealing the decision (the appellant), is the single most important document in the entire process. It is our opportunity to present the factual and procedural history of the case, identify the legal errors made by the trial court, and lay out a powerful, persuasive argument for why the judgment must be overturned.
The respondent’s brief
After the appellant’s brief is filed, the party who won at trial (the respondent) files their brief. The respondent’s brief is a defensive document. It argues that the trial court’s decision was legally correct, that any errors were harmless, and that the judgment should be affirmed.
The reply brief and oral argument
The appellant then has a final opportunity to file a “reply brief,” which is used to respond directly to the arguments raised in the respondent’s brief. After all briefing is complete, the court may set the case for oral argument.
This is a formal, timed question-and-answer session with the panel of appellate justices, and it is an opportunity to clarify our strongest points and address the court’s specific concerns.
The Critical Limitations of AI in Appellate Law
An AI program can retrieve a case from a database, but it cannot craft a compelling legal narrative that captures a justice’s attention. An AI can define a legal standard, but it cannot identify the subtle, reversible error buried in a 3,000-page trial transcript.
Appellate law is an art of human persuasion, strategic reasoning, and nuanced interpretation. Relying on an algorithm to conduct this sophisticated intellectual fight against an experienced human opponent is a strategic failure.
For the level of advocacy your appeal requires, you need the dedicated human intelligence of the attorneys at Wade Litigation.
FAQ for Los Angeles Appeals Lawyer
What are the possible outcomes of my appeal?
The Court of Appeal can “affirm” the trial court’s decision, which means the original judgment stands. It can “reverse” the judgment, effectively overturning the result. It can “reverse and remand,” which means it overturns the judgment and sends the case back to the trial court for a new trial or other proceedings. Lastly, it can “modify” the judgment by changing one part of it while leaving the rest intact.
How long will my appeal take?
The appellate process is deliberate and not fast. In the Second District Court of Appeal, the entire process, from filing the Notice of Appeal to receiving a final written decision, commonly takes between 12 and 18 months, and sometimes longer for highly complex cases.
Can I hire a new lawyer for my appeal who did not handle my trial?
Yes, and it is often the best strategic decision. An appellate lawyer brings a fresh, objective perspective and is focused on the very different skillset required for an appeal. They can review the trial appellate record without any preconceived notions about the case and are often better positioned to spot the legal errors made by the trial court.
What is the difference between an appeal and a writ?
An appeal is the standard process for challenging a final judgment after a case has concluded. A writ is an extraordinary and much rarer remedy used to ask an appellate court to intervene and correct a specific ruling made by the trial judge while the case is still in progress. Writs are very difficult to obtain and are only granted in urgent situations where an appeal after judgment would be an inadequate remedy.
Your Next Step Toward Justice
An adverse judgment in the trial court does not have to be the final chapter of your story. The law provides a pathway to challenge an unjust result. The Los Angeles appeals lawyers at Wade Litigation have the skills, the strategic focus, and the determination to guide you through that process.
We handle civil and family law appeals throughout Southern California. We invite you to schedule a confidential consultation to evaluate the potential grounds for an appeal in your case and discuss a clear strategy for fighting for the result you deserve.
Call Wade Litigation at (866) 784-2624 or complete our online contact form to connect with our legal team.