{"id":27,"date":"2013-11-12T23:27:10","date_gmt":"2013-11-13T07:27:10","guid":{"rendered":"http:\/\/dorfmanlawoffice.com\/wp1\/?page_id=27"},"modified":"2017-01-20T08:56:31","modified_gmt":"2017-01-20T16:56:31","slug":"appeals-writs","status":"publish","type":"page","link":"http:\/\/dorfmanlawoffice.com\/wp1\/appeals-writs\/","title":{"rendered":"Appeals & Writs"},"content":{"rendered":"

Click to call (415) 389-9590<\/a><\/p>\n

If an error occurs at the trial court level (or in certain cases the administrative level), it may be appropriate to initiate an appeal or writ proceeding.\u00a0 Dorfman Law Office can help you.\u00a0 Every instance must be carefully analyzed, as different proceedings have differing standards of review.\u00a0 Aside from mastery of the technical details of appellate procedure, the most important service an attorney can give a client regarding such a proceeding is a realistic assessment of the chances of success.\u00a0 The general overview below is subject to significant exceptions.<\/p>\n

APPEALS<\/strong><\/p>\n

If a party is unsatisfied with the outcome of a trial (or certain appealable orders), they may be able to appeal the result.\u00a0 Appeals are not simply a “do-over”.\u00a0 Just being unhappy with the result is not a valid ground for appeal.\u00a0 After all, most decisions pick a winner and loser.\u00a0 The appellate courts are concerned with errors, usually significant errors of law.\u00a0 They are not generally in the business of second guessing judges or juries regarding factual matters.\u00a0 There are very specific time limits and procedures applicable to appeals.<\/p>\n

WRITS<\/strong><\/p>\n

Sometimes a very important decision affects a case, but it is not appealable.\u00a0\u00a0 It still may be possible to obtain appellate review through a writ proceeding.\u00a0 Most writs are not granted, so it is important to carefully consider whether such a proceeding should be brought.\u00a0 Under the right circumstances it may be the only way to obtain the correct outcome.<\/p>\n

FURTHER REVIEW<\/strong><\/p>\n

When an appellate court makes an error, and can not be persuaded to reverse the error, it may be possible to have the decision reviewed by the highest court available.\u00a0 The California Supreme Court can review state court appellate decisions, and the United States Supreme Court can review federal appellate decisions.\u00a0 Such review is rare and usually reserved for cases which affect important areas of the law which impact significant public rights or duties.<\/p>\n

Click to call (415) 389-9590<\/a><\/p>\n


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