24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Meeting the High Burden to Win Federal Appeals

March 21, 2024 Uncategorized

Meeting the High Burden to Win Federal Appeals

Winning an appeal in federal court is a huge challenge. The odds are stacked against appellants from the get-go. Statistics show that only around 10-20% of appeals result in a reversal or remand. That means the vast majority of appeals fail. So how do you beat the odds and meet the high burden to win your federal appeal? Let’s break it down.

First, it’s important to understand the standards of review federal appeals courts use. These standards set a high bar for appellants to overcome. For questions of law, appeals courts review decisions de novo, deciding the legal question completely fresh. But they still give heavy deference to the district court’s factual findings and only overturn them if they are “clearly erroneous.” For discretionary decisions, review is even more limited, only reversed if there was an “abuse of discretion.”

Given these deferential standards, winning on appeal requires strong arguments exposing clear legal errors or unreasonable factual conclusions by the lower court. You must convince the appeals panel that the decision below was not just wrong, but so wrong that letting it stand would be manifestly unjust. This is no easy task.

Build a Powerful Record Below

Your first key to winning on appeal is building a solid record in the lower court. The appeals court is limited to the record developed at trial. You cannot introduce new evidence on appeal. Any arguments not raised below are usually waived. And appeals judges give great deference to the trial judge’s factual findings.

So if you want to win on appeal, you need to advocate vigorously in the lower court to create a record that supports your arguments. Litigate key motions aggressively. Raise timely objections to preserve issues for appeal. Get all helpful facts and testimony into the record. The better your record below, the better shot you have on appeal.

Select Strong Issues

Less is more when it comes to appellate issues. Do not try to appeal every adverse ruling from below. Good appeals focus on one or two key issues with the best chance of reversal. Throwing in weaker arguments dilutes the force of your stronger issues. Screen issues carefully to identify clear legal errors or unreasonable factual findings. Build your appeal around those clear winners.

Also try to frame issues broadly to maximize impact. Find common threads linking smaller disputes into larger themes. A ruling that affects multiple claims or phases of litigation often gains more traction on appeal. Boil your case down to one or two pivotal errors that skewed the entire case. Those overarching issues give you the best shot at reversal.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Master Appellate Procedure

Federal appeals follow strict procedural rules you must master to succeed. Miss a deadline or requirement and your appeal may be dismissed without reaching the merits. Common procedural pitfalls include:

  • Not filing a timely notice of appeal
  • Forgetting necessary documents like the order being appealed
  • Failing to obtain certification of a partial final judgment under Rule 54(b)
  • Violating briefing rules like length limits or format requirements

Carefully follow all timing requirements, assemble a complete record, and comply with all applicable rules. Do not let procedural missteps torpedo your appeal out of the gate.

Write a Powerful Brief

Your appellate brief is your key opportunity to persuade the appeals panel. An effective brief clearly frames winning issues, tells a compelling factual narrative, and drives home the serious legal errors made below. Follow these tips:

  • Grab the judges’ attention with a strong opening
  • Concisely state the key facts, casting them in your favor
  • Frame your strongest issue first
  • Use headings and roadmaps to make your arguments easy to follow
  • Be selective with citations; highlight only your best cases
  • Emphasize how the errors below require reversal under the standards of review
  • Conclude with a powerful summary of why you must win

A polished, forceful brief tailored to the appellate audience can make all the difference. This is your key chance to show the lower court erred.

Excel at Oral Argument

Oral argument gives you a final chance to engage the appeals judges face-to-face. Use this time wisely to:

  • Respond to judges’ concerns and questions
  • Focus argument on one or two main points
  • Draw connections and distinctions with key precedents
  • Frame the stakes involved in reversal or affirmance
  • Be flexible; have backup arguments ready
  • Maintain poise under pressure

The judges may play devil’s advocate, so be ready to think on your feet. Use oral argument to emphasize your strongest points and downplay any weaknesses. This dynamic Q&A session offers a final chance to persuade the panel in your favor.

Conclusion

Winning federal appeals against long odds requires top-notch advocacy. Build a complete trial record supporting reversal. Identify clear lower court errors on key issues. Follow all procedural requirements to avoid dismissal. Write a compelling brief focused on your best arguments. Then use oral argument to drive home reasons why the panel must reverse. With meticulous preparation and presentation, you can meet the high burden to win even in difficult appeals.

Sources:

Federal Rules of Appellate Procedure Rule 4

U.S. Courts – Appealing a Case

Federal Rules of Appellate Procedure Rule 28

Federal Rules of Appellate Procedure Rule 32

20 Tips for Appealing to the Circuit Courts

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now