Appellate Litigation Lawyers in Delaware

Fighting Adverse Legal and Administrative Decisions

Many things have changed about our society over the years thanks to digitalization, technology, and globalization. However, the world has managed to stay relatively unchanged in the areas of law, bureaucracy, and administrative governance. Whether you’re involved in a Delaware personal injury case or applying for VA benefits, there’s always some sort of process that typically ends with the desired outcome or adverse decision. If you’ve experienced the latter in any matter, you may benefit from the services of an appellate litigation lawyer in Delaware.

At Schwartz and Schwartz, Attorneys at Law, our skilled team of legal professionals has spent years handling appeals for our clients. While such appeals are certainly common in civil law and criminal cases, you may not realize that even unfavorable administrative decisions can sometimes be rectified with the help of an appellate attorney in Delaware. Whether you had a bad outcome in a courtroom or while seeking administrative remedies/benefits, reach out to Schwartz and Schwartz today to learn how we can appeal your case to a higher authority.

Can You Appeal Your Case in Delaware?

In many cases, you have the right to appeal adverse decisions in our state. This is true for nearly every area of law and administrative decisions. For instance, you’ve likely seen many people appeal their convictions after a “guilty” verdict following an arrest for Delaware murder accusations. Of course, there are numerous opportunities for appeal even outside the criminal justice system. For instance, your workers’ compensation claim in Delaware may have been denied. In such a situation, you reserve the right to appeal that decision as well.

Unfortunately, there are some instances where adverse decisions cannot be overturned. Such situations will vary immensely between cases, so it’s imperative that you not make assumptions about your rights to an appeal. Instead, reach out to our appellate litigation lawyers in Delaware to be certain. For instance, pleading guilty or “no contest” to a criminal charge typically removes your right to appeal. Conversely, you can appeal an administrative denial of veterans’ benefits claims all the way to federal court.

There is no single “right” answer when it comes to appealing cases. Unique circumstances in your situation could throw traditional thought right out the window. This is why it’s so important to have an experienced Delaware attorney on your side. Reach out to Schwartz and Schwartz today. Our legal team can help you better comprehend where you stand and the best way to move forward.

What Types of Appellate Strategies Involve Adverse Legal Decisions?

When most people think of appeals, they envision either criminal or civil law. That’s because these two areas are what we see most in the media and on television. Of course, this is also likely due to the massive amount of these cases filed each year. Federal courts of appeal handle around 50,000 cases during any given year, and when you add in state appeals, the number skyrockets even further. At Schwartz and Schwartz, our appellate litigation lawyers in Delaware take a variety of approaches for appealing court decisions:

• Preparation and filing of amicus curiae briefs in the Delaware Supreme Court
• Serving as local counsel in the Delaware Supreme Court for pro hac vice counsel
• Coordinating and conducting moot court sessions in order to prepare for oral arguments presented to the Delaware Supreme Court
• Conducting oral arguments and presenting facts to Delaware Supreme Court Justices
• Appearing and presenting oral arguments to the Delaware Supreme Court en banc

Many of these appeals sound quite complex, and that’s because they are. While you have every right to try and handle these on your own, the fact is that the deck is stacked against you. Most appeal cases result in the affirmation of lower court decisions — at least when it comes to civil and criminal cases. Without a Delaware appellate litigation attorney who can prepare a solid argument and present it to higher courts, your likelihood of success will likely remain minimal.

What Other Areas Can Delaware Appellate Litigation Lawyers Help With?

In addition to taking cases to the Delaware Supreme Court, the legal professionals at Schwartz and Schwartz also handle appeals of lower court decisions — such as the Court of Common Pleas — and can present them to the Delaware Superior Court. As discussed earlier, we can also appeal administrative decisions from agencies such as the Department of Veterans Affairs, Delaware Industrial Accident Board, and others.

We also offer our services to entities that aren’t actual parties to a case. For instance, does your organization have a vested interest in the outcome of a certain case? If so, we can file an amicus brief on your behalf. Translated, this means “friend of the court.” In essence, you can provide information, insight, or expertise that has some bearing on the underlying issues of a case. This can make the decision of a judge or appellate court easier while also presenting information that may not yet be known.

Contact Our Appellate Litigation Lawyers in Delaware Today

Institutional systems in America are based on centuries of practice and knowledge. They’re honestly among the best the world has come up with. Unfortunately, they’re not perfect. Whether you’re dealing with an issue in the legal system or during an administrative process, an eventual outcome may not always be what you’d hoped for or expected. Fortunately, an adverse decision is not necessarily the end of the road. With an experienced legal professional on your side, you may still be able to secure a favorable ruling.

At Schwartz and Schwartz, Attorneys at Law, our legal team works within a wide array of legal specialties. Civil law, criminal defense, and administrative functions are just the tip of the iceberg. Our experience is vast and varied. If you’ve experienced a less-than-satisfactory result in any legal or administrative process, let our appellate litigation lawyers in Delaware advocate for your rights. Contact us today by calling (302) 678-8700 to schedule a consultation. You need an attorney who’s ready to work for you, and that’s what you’ll find at our law firm.