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15 Sep, 2018 by Jc
Attorney Harold Ralph Burke of Greenwich, CT gave excellent advice-- quickly, completely and clearly answered. Thank you, Attorney Burke, I appreciate it!
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16 Jun, 2016 by S.l.
You won't find a more dedicated lawyer than Harold. He will be your tireless crusader and will not hesitate in your representation. Finally, a lawyer who believes in his clients and cares about them as an individual and about a true successful outcome of their case. He represented me in a matrimonial matter on an appeal - took it to the highest Court in New York, and was successful! As a lawyer myself in a different field, I know what makes an outstanding attorney stand out in a sea of mediocre attorneys, and Harold is most definitely in the class of outstanding attorneys.
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09 Jun, 2016 by Anonymous
Harold is the type of attorney that I wish everyone could experience and have the pleasure of his representation. He is extremely thoughtful, listens to the facts presented him, gives unbiased factual feedback, and represents you with class and dignity. He does not look to gouge the other party (unlike the attorney we faced), and he kept the dialogue civil and professional, despite the challenges one faces in civil litigation where opposing counsel can act quite interestingly. He managed to extract me from a 25 year marriage in 9 months, with significant assets effectively being split, and only one year of alimony - who could ask for better results than that! Further, he was extremely aware of tax implications of assets being disposed, loss carry forwards and a host of other material items that needed to be incorporated into a resolution and he did so effectively and surgically. I could not have been asked to be better represented that the job he performed so well for me. He is the kind of knowledgeable person that, regardless of the type of litigation one is contemplating, his professional guidance, thoughtfulness and experience just make him a rare find in this world! And, he is simply a good human being in a world where so many have lost touch with reality. I couldn't more strongly endorse his skills and professionalism, and that comes from someone who spent 35 years on Wall Street, so I don't make that endorsement lightly!
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21 May, 2024 by Randal bellantoni
Eric was the best lawyer I've ever had the privilege of working with. He mediated our divorce and all went smoothly. His rates were very reasonable and we both found him to be extremely compassionate, personable and professional. His staff is excellent and ultimately, I can't think of another attorney who would have made us feel so comfortable, impartial, and concerned for an equitable conclusion. You won't be disappointed if you choose his firm.
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29 Jan, 2024 by Oliver radclyffe
Eric helped me re-negotiate my alimony/child support agreement and I couldn’t recommend him more highly. He was determined to get the best results, patient and meticulous, and a pleasure to work with. He left no stone unturned, and had a keen eye for small issues that might lead to big problems if left unaddressed. He really went to bat for me, and I am very grateful to him.
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03 Oct, 2023 by Christine polishan
Upon contacting Eric for an initial consult, he made me aware that his initial fee was to donate to a children’s charity close to his heart. This spoke volumes to me. I could tell from the start of this initial conversation that he was compassionate, and upon conclusion of the consult, I knew that he was not only compassionate but extremely knowledgeable, professional and the type of attorney I wanted to represent me. He continued to impress me throughout my divorce proceedings. After the consult, I hired Eric as my divorce attorney, and it was one of the best decisions I made. Eric was professional, organized, meticulous, compassionate, and supportive during a turbulent time in my life. He not only gave me guidance and his expertise throughout the divorce proceedings, but he also was very emotionally supportive when necessary. He gave me a clear understanding of the process and what options existed in my particular case. Eric along with his associate and staff were very responsive and considerate throughout my divorce. They were truly amazing, and I would highly recommend the Law Office of Eric R. Posmantier for anyone seeking a professional, caring, compassionate attorney who knows when to stand up for his client and is able to negotiate a fair and favorable outcome. You will not be disappointed in this decision.
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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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