Family Law Appeals
As it is sometimes necessary to engage the services of an appellate lawyer after a decision is rendered in a child custody, support cases, or civil trial, Cores & Associates, LLC can serve as appellate attorneys in cases of family law, divorce, child support, college contribution, and select law division or civil appeals.
Appeals require an attorney experienced in navigating the appellate process and rules, as well as presenting cases to appellate judges. Appeals are substantially different from presenting a case to a trial court judge. Appeals require the attorney to know which issues to present and which issues not to present. Trial counsel may be very familiar with the judges in your county. Appellate counsel will be familiar with the judges serving on the appellate bench across the state.
Trial counsel who are not experienced with the appellate process can have difficulty objectively assessing an appeal’s merits. Where they have won at trial, trial counsel may trivialize appellate issues the adversary has raised that, in fact, may be significant. Where they have lost at trial, trial counsel contest too many trial rulings, disregarding that most rulings, even if incorrect, had little impact on the outcome and are unlikely to obtain appellate relief. An appellate attorney will sift through the issues and be able to identify and raise issues that are likely to lead to success at the appellate division, rather than muddying the waters with frivolous issues.
Permitting your trial counsel to continue representing you on appeal—without input from experienced appellate counsel—can be a costly mistake. The ineffective appellate advocate can squander your one chance of overturning an unjust result. And where you have won at trial, the ineffective advocate can forfeit your victory.
Appellate law differs from other types of litigation as the record is restricted to what was already presented at trial or to the trial court in a motion. When an appellant lawyer engages in an appeal interstate or federal, she is asking a higher court to review a decision of a lower trial court. An appeals attorney must be well-versed in the appellate practices in the state or federal district in which a client’s case was tried because each state may exhibit subtle differences in appeals law.
The Appellate Division of the Superior Court in New Jersey decides upwards of 7,500 motions and 7,000 appeals each year, though some appeals are identified by the Civil Appeals Settlement Program (CASP) as appeals that could undergo settlement. Experienced in civil appellate cases, Cores & Associates, LLC can provide experienced counsel as appeal lawyers as the appellate process applies to the conclusion of a lawsuit or a post judgment.