About our Appeals and Writ Practice
Court’s often do make mistakes or errors, either an extraordinary error during a case or at it’s conclusion. To have a matter reviewed in a pending case, the petitioner must file what is called a “writ.”A “writ” differs from an appeal, in that it is reviewed before the entire lawsuit has been concluded with a final judgment has been entered.
Any Type of Appeal, No Case is Too Small or Too Large. Civil Appeals or Writs, Criminal Appeals or Writs, Family Law Appeals, Immigration Appeals, Bankruptcy Appeals, or Federal or State Court Appeals, our office has experience handling them. No case is too small or large, as our office has handled cases involving more than $100 million to securing a reversal in the limited jurisdiction (less than $10,000.00) of the Los Angeles Superior Court on an appeal involving an eviction. If the court granted an inadequate award, improperly dismissed a case, or issued harsh and unwarranted penalty, an appeal may be what is needed. If you need a lower court’s decision, verdict, or judgment overturned, or, conversely, want the appeals appellate court to uphold decision, verdict, or judgment which was in your favor, call our office today (310) 751-7578 for a free initial consultation.
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.
Some of our represented appellate cases include the following:
In United States v. Doe (In re Grand Jury Investigation), 810 F.3d 1110 (9th Cir. 2016), Kashfian & Kashfian, LLP, was able to obtain a reversal of the District Court’s order which had broadly ordered the former attorneys to produce everything identified in the government’s subpoenas, on the basis that the District Court improperly ordered production of the documents without first examining the documents in camera to determine whether the documents contained communications in furtherance of the alleged crime-fraud.
In Jin v. Holder, 585 F. App’x 625 (9th Cir. 2014), Kashfian & Kashfian, LLP, was able to obtain a reversal of the Board of Immigration Appeals’ order affirming an Immigration Judge’s denial of an asylum petitioner’s request for withholding of removal, on the basis that evidence did not support the Immigration Judge’s adverse credibility finding.
In Solid 21, Inc. v. Breitling USA, Inc., 512 F. App’x 685 (9th Cir. 2013), Kashfian & Kashfian, LLP, was able to obtain a reversal of the District Court’s order dismissing Solid 21, Inc.’s complaint for trademark infringement, on the basis that the District Court erred in permitting the defendants to introduce evidence to rebut the complaint.
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.