A Message from Mark DePasquale
to Potential Clients
Welcome to our website! Our firm handles civil appeals in Arizona courts and the Ninth Circuit Court of Appeals.
If you are either thinking of appealing from a judgment against you, or if you are facing an appeal from an opposing party, the process can be bewildering. Most likely, you have already spent months or years in litigation. You may have had a trial. You have probably already spent a fortune on attorney’s fees, not to mention the time away from other things you would rather do. Now you are faced with a whole new process—an appeal—an area unfamiliar to many people.
We understand. And we can help. On the link below, we have provided resources that explain in more depth what an appeal is, how it differs from litigation in the trial court, what to expect, and provides answers to other frequently asked questions.
If you are contemplating filing an appeal, we provide an “appeal analysis,” a deep dive into your case providing you with an evaluation of the likelihood of success on appeal. We usually perform this service on a flat-fee basis. Based on this evaluation, you will be in a better position to determine whether an appeal is a good use of your financial resources.
Or, if the opposing party has filed an appeal, we keep costs down by waiting until the appealing party indicates the issues that will be raised before devoting significant resources to the appeal. When those issues are identified, we conduct a thorough review of the file and the legal arguments, and prepare to defend your favorable decision with all of the resources necessary.
If you are interested in contacting our firm regarding a consultation or possible representation, we would be happy to talk to you. Please either click on “Request a Consultation” in the bar above or call us at (602) 744-7777.
Client Success
Mark expertly handled my appeal from the medical board. He was thorough, honest, knowledgeable and caring throughout this difficult process, and brought an expeditious, positive outcome as a result. It’s rare to find and work with an attorney of his caliber. I highly recommend Mark without reservation.
Frequently Asked Questions
Guiding you through the appellate process.
Why should I hire an appellate attorney?
In the trial court, attorneys often focus on connecting with the jury, leveraging emotionally compelling narratives to sway the decision. But, appellate courts consist of panels of judges who prioritize facts, logic, and the implications of their decisions on legal precedent. This shift in focus requires a different approach, where arguments must be grounded in sound legal reasoning rather than emotional appeal. This is where an appellate attorney comes in.
An appellate attorney offers a fresh and objective perspective on your case. Unlike trial attorneys, who may be deeply invested in their client’s cause, appellate attorneys can step back and assess the strengths and weaknesses of the case with greater objectivity.
If you choose to proceed with an appeal, it is essential to understand that the appellate process has its own set of rules and expectations. Appellate attorneys possess the expertise to navigate these complexities effectively. They can ensure that your case is presented in the most strategic and persuasive manner possible, increasing your chances of success.
Overall, hiring an appellate attorney provides invaluable support in evaluating the potential for appeal, navigating the appellate process, and presenting a compelling argument to the appellate court. Appellate counsel’s objectivity, expertise, and strategic guidance can significantly enhance your chances of achieving a favorable outcome on appeal.
How long will the appeal take?
It is not unusual for a year to pass from the start of an appeal to the time the court of appeals issues a decision. The timing is almost exclusively in the court’s control. Even after a decision, a dissatisfied party may petition the Arizona Supreme Court to review the
decision, which may take up to six months even if the petition is denied.
While this process is lengthy, the main work of your appellate attorney is done during a limited period when the briefs are prepared (and in some cases, preparation for oral argument). Most of the time is spent waiting for the other side to file a brief or for the court to rule. During those waiting periods, the legal fees incurred are usually minimal.
Because we are selective in our representation, we can provide the individualized focus your appeal requires and avoid delays wherever possible.
Do you work with my trial attorney?
We offer flexible advocacy options tailored to your and your attorney’s preferences.
We typically work closely with trial counsel who helps us hone in on the major issues, and with whom we collaborate. We take the lead in drafting and finalizing the briefs with your trial counsel’s input and suggestions.
In cases where co-counseling with your trial attorney is not feasible, we are well-equipped to handle the appeal without co-counsel.
In cases where your trial attorney has appellate experience and wants to take the lead on the appeal, we can act in a consulting role.
What is required of me during the appeal?
A positive aspect of the appellate process is that it requires virtually no effort from the client. Witnesses do not appear before the court of appeals. There is no new testimony taken or discovery conducted. The appeal is based only on the written record from the
superior court (or other trial court) and the law. The attorneys alone make the written and any oral presentation to the court of appeals.
The right law firm will handle all details and complexities for you, advocating and fighting on your behalf. We have a process in place to streamline this for both you and your attorney.
What is my next step to get started with this firm?
To take the next step with our firm, schedule a call. We understand this is your case. We prioritize meeting with you (and your trial attorney) early to understand your goals and your side of the case, so we can bring the same level of understanding to the appellate court.
As Seen In:
Mark J. DePasquale
Experienced
Educated at Harvard and the University of Michigan Law School, Mark has practiced law in Phoenix for over 35 years, combining his large-firm experience with the flexibility and client-centric focus of a small firm.
Thorough
Committed to thoroughly learning the facts and legal issues in each of his client’s cases, Mark’s ‘no stone left unturned’ approach maximizes the potential for your appeal’s success.
Persuasive
Mark’s thorough research of your case, combined with his in-depth knowledge of the law, provides a foundation to formulate compelling arguments that resonate with the courts.