Appeals

About our Appellate Practice

Kashfian & Kashfian LLP, maintains a full service litigation law practice. An effective trial attorney does not necessarily make an effective appellate attorney. One reason for the foregoing proposition is the difference between an attorney’s audience at trial and on appeal. At trial, the attorney must argue and persuade a jury or a single judge. These people are often referred to as the trier of fact. The role of the trier of fact, as the name indicates, is to determine the facts of the case: whose story is true and whose story is false. As such, the trial attorney must build a convincing story, demonstrate its strength, and point out factual flaws and weaknesses in the other side’s story. The trial attorney must do this so that the trier of fact will believe his story. The trial attorney, accordingly, must be one who is able to stress the credibility and soundness of the evidence upon which his story rests. However, on appeal, the attorney is no longer presenting his case before the trier of fact; instead, the attorney is presenting his case before a panel of distinguished justices, anywhere from three to nine. What is more, the inquiry of the court shifts from questions of fact to questions of law. In fact, all determinations of fact are over. The appellate court will presume the story of the prevailing side to be true. This is so, no matter how convincing and pleasing the story of the losing side may seem. As such, an appellate lawyer must make several legal argues. The appellate attorney must convince the appellate court: that the trial court interpreted or applied the law incorrectly; that, even if the prevailing side’s story is true, that story is not a legally cognizable claim; or that, in the interest of justice, the appellate court must change or modify the law. Accordingly, the appellate attorney, unlike the trial attorney, must be one who is able to stress the law, capture its nuances, and uses the other side’s story to his own advantage.

Therefore, appellate law and practice requires more than a rehashing of arguments made at trial. At Kashfian & Kashfian, LLP we understand the differences that an effective appellate attorney is required to have. We are passionate and dedicated to presenting your case before any appellate court in the state of California California, District of Columbia or in the Federal system.