Anyone who follows our civil justice system realizes that the courts don’t always get the case right the first time. Fortunately, parties to a civil dispute have the right of appeal. But that right is limited, and very often the trial attorney must take certain actions during the trial to preserve the right to appeal. If that is not done, your right of appeal can be lost.
When you retain my law office, you get an experienced appellate lawyer starting at the trial stage. Because I understand the appeal process and the rules of procedure, I work at trial with an eye towards preserving my client’s rights in the higher courts. In addition, if an appeal is necessary, I am already familiar with the case. Thus, there is no need to pay me for hours of getting up to speed, as you would if you had to pass the case to a new appellate lawyer. For these reasons and more, you can trust my Dallas law firm to handle both your business litigation and your appeal.
Appeals consist largely of researching, preparing and filing a complex brief, which can be 40 pages or more of legal argument. In addition, the appellate attorney must be prepared to argue that brief before a panel of judges. To be effective, therefore, the appellate attorney must be skilled both at legal writing and at making oral presentations to the appellate courts.
I became interested in appellate work early in my career because I am a naturally talented legal writer and an effective oral advocate in court. In law school, I was one of only a handful of students selected to have an article published in the Southwestern Law Journal, a resource for practicing attorneys. Immediately after graduation, I was hired by the Texas Second Court of Appeals to be a briefing attorney to Chief Justice Howard Fender. At the Court of Appeals, I learned what appellate judges look for in a brief, and how to perform thorough and detailed research. I have since used that knowledge to create high quality appellate briefs that are meticulously researched and well reasoned. In addition, I am an effective advocate in court, having argued not only cases on appeal, but countless briefs and motions at the trial court level.
During my career, I have represented parties filing an appeal (known as “appellants”) and parties defending an appealed judgment (known as “appellees”). Whether I have handled the case at the trial level, or whether I am brought in after judgment strictly to litigate the appeal, you can trust me to vigorously assert your rights and protect your interests on appeal.
A party wishing to appeal the judgment of a trial court must normally file a Notice of Appeal within thirty (30) days after the trial court signs that judgment. Thus, a party wishing to appeal should engage an appellate attorney very quickly after the judgment is signed. The deadline to file a Notice of Appeal can usually be extended another sixty (60) days by filing one or more motions in the trial court prior to the expiration of the original thirty (30) day period for filing a Notice of Appeal. I often file such motions when handling an appeal for a client to gain more time to conduct a thorough analysis of all appellate issues.
The Law Office of Paul R. Clevenger provides effective appellate court representation. If you feel that your case is appropriate for an appeal, or if you have a trial court judgment that is about to be appealed, call me today at 469-212-9764 or contact me online to schedule a no obligation consultation. My office is in northeast Dallas at 6510 Abrams Road, close to the White Rock Creek Greenbelt.