Disclaimer

This web site is intended to provide information of general interest to the public and is not intended to offer legal advice about specific situations or problems. This information is not intended to create, and the receipt of it does not constitute, a lawyer-client relationship. Maureen S. Moore does not accept responsibility for any loss which may arise from reliance on information contained in this site.

Affiliations

Contact Info

Contact

Maureen S. Moore
P.O. Box 252
El Prado, NM 87529

Phones:

575-613-5339 phone
575-751-3180 fax

EMail:

attorneymaureen@
gmail.com

Appellate Practice

When you are considering filing an appeal, there are several issues to be considered. The first task is to review the record for appealable error. Reading pages of testimony and arguments, rulings and orders is a time-consuming and exacting job, but it is crucial to the success of the appeal. While reading, it is important to bear certain questions in mind: Did the trial court properly apply the law to the facts of the case? Were proper procedures followed? Is this a case of first impression? Based on existing decisions, is the appellate court likely to grant the appeal? Knowledge of the applicable law – statutes, regulations and case law – and applying it to your fact situation is the fundamental basis of a successful appeal.

If an appeal is indicated, then there are the mechanics: preparing the docketing statement and other paperwork, calendaring the briefing schedule, etc. Appellate work is technical; there is no excuse for a missed deadline or paperwork that does not follow the court-approved formula.

Then come the research and briefing. This is the part that I really enjoy. This is the backbone of the appeal, especially now that so many cases are being decided without oral argument. A well-written, well-organized brief is the best way to be successful on appeal. I have access to the most high-tech, up-to-date legal research tools, and I know how to use them to craft the best argument for your case.

Last, but certainly not least is the oral argument. It is up to you and your client how you want to handle this. I can argue the appeal, or you may prefer to handle the oral argument yourself. I can sit second chair, or merely attend the argument as a spectator. This is a judgment call that can be decided on a case-by-case basis.

If you have an idea or legal theory that you would like to explore before deciding whether or not to appeal, I can do some research and help you make an informed decision. I’ve been doing this for almost thirty years; my specialty is analyzing problems and finding solutions.

Let me know how I can help you with your appellate needs.

About Maureen

With over 30 years experience in practicing law, I have primarily practiced in small law firms. I have also owned and managed a small business and supervised the Workers’ Compensation Section of a large county government, which provided coverage for 13,000 employees. I am a graduate of Goucher College, and Chase College of Law of Northern Kentucky University.

Over the years, the focus of my practice evolved from a general practice with an emphasis on corporate law to personal injury and finally to workers’ compensation.

Throughout that time, I found that what I most enjoyed was the legal research and writing, appellate practice and mediation, so when I opened my own solo practice in 2009, I decided to focus on what I enjoy most and do best.

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