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Theodore M Lothstein, experienced Appeals, Criminal Defense attorney in Concord, NH with 23 reviews
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23 Reviews
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02 Nov, 2024 by Barbara
I have just gone through a challenging time following a traumatizing, tragic auto/motorcycle accident that led to 14 months of legal proceedings, culminating in a trial at Concord District Court in October 2024. I was charged with vehicular assault as a Class A misdemeanor, which could have resultedin a year in jail, significant fines, and more. Ted Lothstein was recommended to me by lawyer friends of my brother who were familiar with his work. From the very beginning, Ted demonstrated a strong belief in my understanding of the accident. Over the months we worked together, which included a fatality hearing at the DMV, he was consistently responsive to my questions and concerns. His explanations were clear, and he communicated quickly and compassionately. Ted dedicated considerable time to phone calls, often including my brother, to discuss my case and help us navigate the process. Ted was clear in stating the various possible outcomes and the various timelines I could expect for receiving decisions. He provided honest assessments of the most likely results and outlined his strategy for the trial in case the judge ruled against me. His preparation for both the DMV hearings and the district court trial was thorough. He shared with me through either, or both, emails and phone conversations, all the communication he was having with the judge, prosecutor, and hearing officer. He was prepared at both the hearing and trial with his arguments and crucial evidence, including videos of the cyclist prior to the accident as well as the accident itself. Additionally, he had maps to help clarify the scene of the accident. Furthermore, he hired an exceptionally experienced accident reconstructionist and maintained communication both with him and a key witness who had provided dashcam footage. Ted invested significant time in preparing both witnesses for the DMV hearing and the trial. During the trial, I was particularly impressed by his questioning of all witnesses. He was respectful to everyone I felt. Ultimately, I was found not guilty. I highly recommend Ted for his skills, hard work, responsiveness, professionalism, communication abilities, organization, preparedness, dedication, and compassion.
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16 Sep, 2024 by Anonymous
I was represented by attorney Doty in an administrative matter before a licensing board. She was incredibly kind, thoughtful, and diligent in her work to obtain the best possible outcome and help me with my situation. She made sure to word things in a way that felt natural to me but also never strayed into gray areas. She took the time to understand my situation and made sure to represent it honestly and factually. She is honest and above board, and I'd recommend her in a heartbeat.
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01 Sep, 2024 by Ryan
Attorney Ted Lothstein was incredibly diligent in helping me achieve the best possible outcome for my case. He was quick to answer and return my calls and never made me feel judged or culpable. As an out of state DUI, he was very knowledgeable on all the workings and proceedings of my situation and I would highly recommend him to anyone seeking good legal counsel. Thanks Ted
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Daniel Bretzius, experienced Appeals, Consumer Protection attorney in Concord, NH with 1 reviews
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24 Feb, 2023 by Sean
I had the pleasure of working with Daniel on a trademark case, and I was lucky to have found him. If given the opportunity, do not hesitate to work with him. Law, in general, is confusing, and Daniel could have easily added random billable hours for things that would not have helped our case. But Daniel always did what was in our best interest and showed such integrity when we worked with him. Additionally, Daniel always made himself available and explained everything in a way that was easy for me to understand. Most importantly, though, Daniel is a good person. He is someone whom I would want by my side in any case because I can trust that he is giving honest advice. Furthermore, he always delivered work on time and thought outside of the box. I can't thank him enough for all of his help, and I will be recommending him to all of my business associates.
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What an Appeals Lawyer Can Do for You

An appeals lawyer specializes in representing clients in appellate courts, challenging or defending lower court decisions. If you believe that a legal error was made during your trial or that the court’s decision was unjust, an appeals lawyer can help you appeal the ruling to a higher court. They work to identify mistakes made during the trial, such as improper application of law, exclusion of key evidence, or jury misconduct. On the other hand, if you're defending a favorable judgment, an appeals lawyer can help protect the decision from being overturned.

Appeals lawyers don’t retry the case but instead focus on legal arguments and procedural issues to convince the appellate court to either overturn, modify, or uphold the lower court’s decision.

When Should I Hire an Appeals Lawyer?

Hiring an appeals lawyer is necessary when you are involved in a legal appeal, either as the appellant (the party appealing the case) or the appellee (the party defending the lower court’s ruling). Common situations in which you should hire an appeals lawyer include:

  • Appealing a conviction or ruling: If you’ve been convicted in a criminal case or lost a civil case and believe the decision was based on legal errors or improper procedures, an appeals lawyer can review the case and file an appeal on your behalf.
  • Challenging a sentence: In criminal cases, if you feel that the sentence is excessively harsh or not in line with legal standards, an appeals lawyer can work to reduce or modify the sentence.
  • Defending a lower court ruling: If the opposing party has filed an appeal to overturn a favorable ruling, an appeals lawyer can help defend the judgment and argue that the lower court’s decision should be upheld.
  • Complex legal issues: If your case involves complicated legal issues or interpretations of the law, an appeals lawyer can provide the necessary expertise to argue those points effectively before an appellate court.
  • Reviewing trial errors: Appeals lawyers can examine whether mistakes such as jury misconduct, improper exclusion or admission of evidence, or incorrect jury instructions occurred during the trial.

You should hire an appeals lawyer as soon as you decide to appeal or are informed that the other party is appealing the case, as appellate procedures are time-sensitive.

What Does an Appeals Lawyer Do?

An appeals lawyer provides specialized legal services to challenge or defend a lower court decision. Their role focuses on legal arguments, reviewing the trial record, and persuading the appellate court to either reverse or uphold the ruling. They can:

  • Review the trial record: Appeals lawyers meticulously review transcripts, evidence, and rulings from the original trial to identify any legal errors or procedural mistakes that could be grounds for appeal.
  • Prepare and file briefs: Appeals lawyers write legal briefs that present persuasive arguments to the appellate court. These briefs focus on the legal errors made during the trial and how they affected the outcome.
  • Present oral arguments: In many appeals, lawyers present oral arguments before a panel of judges, explaining why the lower court’s decision should be reversed or upheld based on legal principles.
  • Monitor case law developments: Appeals lawyers stay updated on changes in the law and precedents set by higher courts, which can be crucial in shaping the arguments they present during the appeal.
  • Provide legal advice on the likelihood of success: Appeals lawyers can offer a realistic assessment of your chances of winning the appeal based on the legal errors and evidence from the trial.

How Are Appeals Lawyers Paid?

Appeals lawyers typically charge for their services based on the complexity of the appeal and the amount of work required to prepare briefs and present arguments. Common payment structures include:

  • Hourly rate: Many appeals lawyers charge by the hour due to the significant amount of research, writing, and preparation involved in appeals. Hourly rates can range from $200 to $600 or more, depending on the lawyer’s experience and the case’s complexity.
  • Flat fee: For some straightforward appeals, a lawyer may charge a flat fee that covers all the work necessary to complete the appeal.
  • Retainer fee: In complex or high-stakes appeals, a lawyer may require a retainer, an upfront payment that covers the initial stages of the appeal. The lawyer then bills against this retainer for ongoing work.

It's important to discuss fees and costs upfront with your lawyer during the initial consultation to ensure you understand the financial commitment involved.

How Much Does an Appeals Lawyer Cost?

The cost of hiring an appeals lawyer varies depending on factors such as the complexity of the case, the lawyer’s experience, and the amount of work involved. General cost estimates include:

  • Straightforward appeals: For simpler appeals, such as those involving minor legal errors, fees can range from $5,000 to $15,000, depending on the scope of work.
  • Complex appeals: Appeals that involve complicated legal issues, multiple grounds for appeal, or high-stakes outcomes can cost anywhere from $20,000 to $100,000 or more, especially if the case requires extensive legal research, brief writing, and oral arguments.
  • Hourly rates: Many appeals lawyers charge hourly rates ranging from $200 to $600 per hour, with higher rates often associated with more experienced attorneys or particularly challenging cases.

Before proceeding with your appeal, it’s crucial to ask for a clear estimate of the costs involved so you can budget appropriately.

Top Questions to Ask an Appeals Lawyer

Before hiring an appeals lawyer, it’s essential to ask questions to ensure they are well-suited for your case and that you understand the appeals process. Important questions include:

  1. What experience do you have with appeals?
    Ensure the lawyer has substantial experience handling appellate cases, particularly in the area of law relevant to your case (e.g., criminal, civil, family, etc.).
  2. How do you charge for appeals?
    Ask whether the lawyer charges an hourly rate, a flat fee, or a retainer, and request an estimate of the total costs for handling your appeal.
  3. What is the likelihood of success for my appeal?
    A good appeals lawyer should provide an honest assessment of your case’s strengths and weaknesses and the chances of winning the appeal.
  4. How long will the appeal process take?
    Ask for an estimate of how long the appeal process might take, from filing the initial briefs to a final decision by the appellate court.
  5. Will you personally handle my appeal?
    In larger law firms, junior attorneys or legal assistants may handle some of the research or drafting. Clarify who will be responsible for preparing and arguing your case.
  6. What is your approach to handling appeals?
    Some lawyers may be more inclined to focus on procedural issues, while others emphasize broader legal arguments. Make sure the lawyer’s approach aligns with your goals.

How to Check the Credibility of an Appeals Lawyer

To ensure that you’re hiring a reputable appeals lawyer, take the following steps to verify their credentials and experience:

  • Verify their bar status: Check with your state bar association to confirm that the lawyer is licensed and in good standing, with no history of disciplinary actions.
  • Look for appellate experience: Review the lawyer’s website or profile to ensure they specialize in appellate law and have successfully handled appeals similar to yours.
  • Check client reviews and testimonials: Look for client feedback on platforms like Avvo, Martindale-Hubbell, or Google to get insight into the lawyer’s track record and client satisfaction.
  • Ask for references: A credible lawyer should be willing to provide references from past clients who can speak to their expertise and success in handling appeals.
  • Look for recognition in appellate law: Membership in organizations like the American Academy of Appellate Lawyers (AAAL) or awards and recognition in appellate law can indicate a lawyer’s expertise in this specialized area.

What Should I Prepare for My First Consultation?

To make the most out of your first consultation with an appeals lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:

  • Trial transcripts and court records: The lawyer will need a complete record of the original trial, including transcripts, motions, exhibits, and the final judgment or order.
  • Legal briefs from the trial: If any briefs or motions were filed during the trial, bring copies so the appeals lawyer can review the legal arguments that were presented.
  • Written decision or verdict: Bring the court’s written ruling, verdict, or decision so the lawyer can identify any potential errors or issues to raise on appeal.
  • Questions about the appeal process: Write down any questions you have about the appeal’s timeline, costs, and potential outcomes.
  • List of potential legal errors: If you believe specific mistakes were made during the trial (e.g., improper evidence, legal misinterpretations), provide a list of those issues.

Being well-prepared for your consultation allows the lawyer to assess your case more effectively and provide the best guidance on how to proceed with your appeal.

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