Appeals & Writs

If you are a party to a lawsuit that has progressed to the point where appellate review is the next step for either side, we can help you. The attorneys of A. Daniel Bacalski, Jr., APC, have handled many cases in the appellate courts, and we're readily able to shift our perspective from the trial court's emphasis on fact to the appellate court's emphasis on law and procedure. We're particularly adept at identifying the arguments and strategic legal approach that will have the greatest likelihood of success in the appellate courts. We've handled business, personal injury, products liability, real estate, and other complex, high-stakes cases in the appellate courts.

How We Handle an Appeal of an Unfavorable Ruling or Judgment

If you or your business has suffered an unfavorable ruling or judgment in the trial court, we look at numerous factors in helping you decide whether to seek intervention from the appellate courts. These factors typically include:

  • Is there appellate jurisdiction at this stage of the lawsuit?
  • From a tactical standpoint, should a discretionary petition for writ be taken now, or should we wait until after a judgment is entered?
  • What is the likelihood of success on appeal?
  • What will it cost to take the appeal, and what are the potential damages and costs associated with it?
  • If you, as our client, want to avoid risks of publicity and setting precedent, can we settle the case post-judgment?
  • What are the costs and benefits to your business and industry in taking the appeal?
  • Might taking an appeal help to change the law in favor of your business and industry?
  • Are there other tactical advantages to appealing a case - for example, are other similar suits likely to be filed if we leave an unfavorable judgment unchallenged?

Our attorneys assess all of the relevant factors, and will help you evaluate the advantages and disadvantages of appealing an adverse judgment. Ultimately, it is your business decision.

How We Defend a Favorable Judgment on Appeal

If you obtain a favorable ruling or verdict in the trial court, you may likely have to defend it in an appeal by your opponent. We approach these situations using many of the same factors that go into a decision to appeal an adverse decision. In particular, we can help you evaluate whether it makes more sense to settle on appeal than to defend the trial court's decision, and to weigh the actual and potential costs against the likelihood of success.

Handling an Appeal

Once the decision is made to appeal, or once the other side takes an appeal in a case and our client needs to defend its trial-court win, our appellate attorneys will prepare and file well-written, cogent and concise briefs, presenting the best possible arguments to the appellate courts. When oral argument is held, we will appear and argue aggressively for our client's interests.

Contact Us

If you are involved in litigation where appellate review is the next step for either side, please call us for an appointment with an attorney. We can provide you with excellent legal advice and aggressive representation in the appellate courts.

New clients and inquiries are welcome. We can be reached by telephone Monday through Friday, 8:30 a.m. to 5 p.m. Please contact us by email at misha@adbapc.com or telephone us at our office location for an appointment with an attorney. We look forward to assisting you.