Appellate Attorney – Filing Appeals
|Longman & Van Grack’s appellate attorneys consists of lawyers who have not only handled appeals in different appellate courts but also appeals lawyers who have served as judicial law clerks on various courts. Thus, our appeals attorneys are very familiar with the appellate rules, appellate procedure, and appellate advocacy which are necessary to be successful on an appeal. Our appeals lawyers specialize in detailed legal research, persuasive appellate brief writing, and compelling appellate oral argument.
On the state appeals level (Maryland, DC, and Virginia), our appeals attorneys can handle every type of appeal. Specifically, our Maryland appeals lawyers have addressed state and federal appeals from almost every county in Maryland including Montgomery County, Prince Georges County, Howard County, Anne Arundel County, Washington County, Baltimore County, Baltimore City, Charles County, and Frederick County. Our DC appeals attorneys have handled many legal appeals from the District of Columbia Superior Court to the District of Columbia Court of Appeals. We also have appeals attorneys who handle Virginia Appeals in every Virginia county.
On a federal appeals level, our attorneys have represented clients in the United States Court of Appeals for the District of Columbia Circuit, handled appeals in the United States Court of Appeals for the Fourth Circuit, and filed petitions in the Supreme Court of the United States.
Our the appeals lawyers at Longman & Van Grack also handle state and federal administrative appeals and petitions for review, whether tax related, administrative agency related, or financial related.
Finding an experienced appeals attorney to appeal a legal decision is a difficult task. A party seeking to appeal a matter needs to find an appeals lawyer who has experience in the court that they are appealing to and who excels at research and writing. The appellate attorneys at Longman & Van Grack have significant experience in representing clients regarding almost every type of appeal in each of the appellate courts of Maryland, Washington, DC, Virginia, U.S. Fourth Circuit, and U.S. DC Circuit.
The Appellate Process in Maryland, DC, and Virginia
Whether a legal decision was made by a judge, jury or administrative agency, a party can generally appeal their case to an appellate court. This is true within the state courts of Maryland, DC, and Virginia, as well as each Federal District Court. For the most part, if a case was initially heard in one of Maryland’s Circuit Courts, the judgment can be appealed to the Maryland Court of Special Appeals. If the case was initially heard in the District of Columbia Superior Court, the matter can appealed to the District of Columbia Court of Appeals. If the case was initially heard in the Virginia Circuit Court, the legal decision can be petitioned to be appealed to one of Virginia’s appellate courts.
Federal appeals have their own court system. If the case was initially heard in one of the federal United States District Courts, it can appealed to one of the United States Circuit Courts of Appeals. Specifically, if the case was initially heard in the U.S. District Court for the District of Maryland or any of the Districts of Virginia, the matter can appealed to the U.S. Court of Appeals for the Fourth Circuit. Further, if the case was initially heard in the U.S. District Court for the District for the District of Columbia, it can appealed to the U.S. Court of Appeals for the District of Columbia Circuit. Additionally, the Court of Appeals for the Federal Circuit can hear appeals from cases across the country, in specialized areas such as patent laws or cases decided by the United States Court of Federal Claims. Our Firm also has appellate attorneys who can argue cases before the Supreme Court of the United States.
Appellate courts in Maryland, DC, and Virginia generally do not provide a litigant with a new trial, and the appellate courts will not be receptive to new evidence that was not presented to the underlying trial court. Rather, federal and state courts of appeal in Maryland, Washington, DC, and Virginia review what transpired in the trial court and determine whether proper procedures were followed and the law was applied correctly. Appellate courts generally cautiously review the trial court’s or jury’s findings regarding factual issues, and only examine how the law was applied during the trial.
To initiate an appeal, the appellant (the party appealing) must file a notice of appeal in the Maryland, DC, or Virginia federal or state trial court, and the appellant must also designate an appellate record consisting of materials from the trial court which the appellant wishes to present to the appellate court. The deadline to file a notice of appeal in Maryland, DC, or Virginia varies. In federal cases, the notice of appeal must be filed within 30 days after the judgment is entered.
Appellate cases often involve three legal briefs, all of which must contain citations to cases and statutory or other legal authorities. Appeals briefs must also contain proper citations to the designated appellate record. First, the appellant files an opening brief with the court of appeals. This brief must explain the factual and procedural history of the case, in a neutral fashion, and then state how the trial court erred and why the appellate court should reverse the ruling. The appellee (sometimes called the respondent) then files a responsive brief with the appellate court. Like the opening brief, this response should also neutrally explain the factual and procedural history, followed by argument that the trial court was correct and the ruling should not be reversed. Finally, the appellant then has an opportunity to file a reply brief. In the reply, the appellant can argue against the claims made in the appellee’s responsive brief, but is not permitted to introduce any new legal arguments. The reply must only address statements made in the responsive brief.
Typically, after the appellate briefs are filed in a state or federal court of appeals, a panel of appellate court judges will hear oral argument, which can take place anywhere from a few months to a year or more after the Maryland, DC, or Virginia appeal is filed, depending on the court. The appellate panel for the state or federal appellate court will issue a written opinion stating their decision and the reasoning behind it. At each of the court’s discretion, the appellate opinion may be published in the official reports and become binding authority over future cases. The timing of this written opinion varies considerably among different courts, but is generally a period for Maryland, Virginia, and DC state and federal courts of appeal is generally several months.
Appellate Law Practice at Longman & Van Grack
Longman & Van Grack’s appellate attorneys can work exclusively on an appeal or jointly work on an appellate matter with the original trial counsel or administrative counsel (in the case of a petition for review). Specifically, our state and federal appellate attorneys will review the lower court’s record, research all of the relevant legal issues which could be evaluated on appeal, draft the necessary briefs to be submitted to the state or federal appellate court, and present the case to the appellate court during oral argument.
Each appeals lawyer at Longman & Van Grack regularly seeks and defends appeals at all levels of state (Maryland, DC, or Virginia) and federal courts (Fourth Circuit, DC Circuit, Federal Circuit, Supreme Court). Before accepting an appeal on behalf of a client seeking to overturn a judgment or decision in the trial or lower court or administrative agency, Longman & Van Grack’s appellate attorneys will first review the lower court’s record (or agency record) and evaluate the strengths of the case and likelihood of success on appeal.
Longman & Van Grack’s appellate attorneys work closely with other lawyers in the litigation group as well as with lawyers in all of Longman & Van Grack’s practice groups to ensure that all of the arguments made before the appeals court are as strong as possible. If you would like to discuss our appeals lawyers’ assistance with an appeal, call Longman & Van Grack’s appellate attorneys today at (301) 291-5027 to schedule a consultation in one of our Bethesda, Maryland; Rockville, Maryland; Washington, DC; or Tysons Corner, Virginia offices.
With Offices in Bethesda, MD and Rockville, MD, the attorneys at Longman & Van Grack assist clients throughout Washington, DC and Maryland including Montgomery County, Howard County, Prince George’s County, Chevy Chase, Darnestown, Gaithersburg, Germantown, Potomac, Silver Spring, and Wheaton. Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.