What We Do
Can’t any lawyer handle your appeal?
Effective arguments in the trial court often do not translate to winning arguments on appeal. In the superior courts, the trier of fact (whether judge or jury) is looking for justice. On appeal, the court looks for legal error. An appellate lawyer brings a unique set of skills and a fresh perspective to your case.
There are special rules of appellate review that inform the appellate process, and ultimately the appellate court’s decision. The applicable standard of review often determines the outcome of an appeal, and arguments on appeal must be crafted and presented with that standard in mind.
We often see appellate briefs, written by trial counsel, that merely regurgitates the impassioned arguments presented to the judge or jury. Such arguments, unguided by the standards, rarely succeed on appeal. As one court of appeal put it, “[w]e have no power to weigh the evidence, to consider the credibility of the witnesses, or to resolve conflicts in the evidence or in the reasonable inferences that may be drawn therefrom.” Canadian Commercial Bank v. Ascher Findley Co., 229 Cal.App.3d 1139, 1157-1158 (1991), review denied, citing Overton v. Vita–Food Corp., 94 Cal.App.2d 367 (1949).
So, “[t]he appellate practitioner who takes trial level points and authorities and, without reconsideration or additional research, merely shovels them in to an appellate brief, is producing a substandard product.” In re Marriage of Shaban, 88 Cal. App. 4th 398, 410 (2001).
The firm’s lawyers have handled cases in every District Court of Appeal in the state, the California Supreme Court, and the Ninth Circuit Court of Appeals. They have been shaping the law in California through the appellate process for over forty years. Their names appear on over 120 published decisions. The firm’s principal, Jay-Allen Eisen, has been counsel in more than 400 appeals and appellate writs.
People, businesses, and trial lawyers alike turn to our firm to evaluate potential appellate issues, consult during trial where an appeal is likely, and when they already know they need an accomplished advocate to appeal an adverse decision or defend a favorable judgment.