Major Motions
Clients familiar with high-stakes legal matters know that including appellate counsel before and during the trial can significantly increase their chances of winning and sets up their case for success, especially in the federal appellate court.
In complex matters, trial counsel often find themselves pressed for time due to the multitude of tasks that need to be accomplished. One way to ease this workload is to incorporate a lawyer with appellate expertise, what we call an embedded appellate specialist, into your team. Zarmi Law is on hand to ensure that all arguments and objections are properly preserved for any potential appeal, regardless of the trial outcome. Here are some specific responsibilities that an appellate-focused team member could undertake during the trial:
Formulating or contesting motions in limine, nonsuit, or directed verdict motions; Creating and contesting jury instructions and special verdict forms; Writing offers of proof, trial briefs, or “pocket” briefs on specific issues, which can guide trial judges and preserve the record more effectively than oral objections alone; and Examining daily transcripts to guarantee the preservation of crucial issues for appeal.
The takeaway. When the stakes are high, incorporating a lawyer with appellate expertise into a trial team allows trial counsel to concentrate on their areas of expertise, while ensuring the client is fully prepared for any subsequent proceedings.
David Zarmi approaches each motion as if it is an opportunity to bring the opposing side to the settlement table. While litigation is often unavoidable, sometimes a strong demand letter that details the opposing side’s exposure can get the job done early on. Zarmi has extensive experience drafting demand letters that work and get everyone to the settlement table.
If litigation is unavoidable, Zarmi Law is your one-stop shop for major motion writing.
Demand Letters, Relief from Default (§ 473), 60(b) Motions, Demurrers, Motions to Dismiss/Strike, Change of Venue, Motions to Stay, Discovery Motions, Motions for Summary Judgment, Arbitration and Mediation Briefs, Motions for New Trial.*
Motions to Dismiss/Strike , 60(b) Motions, Demurrers, Serna Motions, § 995 Motions, Sentencing Motions, Motions for New Trial *
Strategy is key. While attorneys are reluctant to discuss this, one area of exposure is cleaning up a mess resulting from attorney error. Knowing which motions to file and when, to breathe life into a case that has suffered some mis-steps, is David Zarmi’s specialty.
Having clerked for the prestigious “coverage” section at the Los Angeles Superior Court, which requires an ability to draft opinions on all trial matters for any given judge in any area of law on any given day, Zarmi has the record and experience to help your law firm accomplish its litigation goals.
Zarmi also has experience drafting motions for high profile, high net worth individuals. Balancing client desires and accomplishing legal success can sometimes be a challenge, but Zarmi achieves this by providing options and creative solutions that both satisfy the goal of winning and the needs of the client.
Zarmi will consult with trial counsel and craft motions for attorneys that consider and draw on results achieved on appeal, and, to the extent possible, preserve arguments for success on appeal.
A motion for a new trial can serve as an effective strategy to immediately overturn a judgment for a civil case or a conviction or sentence after the trial in a criminal case. This is particularly applicable if there were blatant errors such as juror misconduct or misrepresentation of crucial evidence. This approach can circumvent the need for an extended appeal process. However, even in circumstances when we do not believe the motion for new trial is likely to be successful, our firm has developed the motion as a strategic tool for enhancing the record for appeal to maximize our chances for success.
The strategic motion for new trial could involve effectively raising and preserving issues for appeal, broadening the factual record, obtaining a statement from the trial counsel admitting error, or including witness declarations describing what they would have testified had their testimony been allowed. If managed correctly, the record on appeal will now contain the necessary information for a meaningful review.
Each stage of this process is intricate and requires a comprehensive understanding of the appellate system. It is essential to work with an experienced appellate attorney who can guide you through these stages. If you have any more questions or need further clarification, don’t hesitate to ask!
“Challenging the trial court’s exercise of the law is the requirement and convincing the higher courts as to why the law was misapplied is the goal.”
“From working at both the Department of Justice and the Court of Appeal, Zarmi knows all too well how appeals simply lose because briefs submitted attempt to relitigate facts, which ensures their certain demise.”