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A lawyer's lawyer
The bulk of our practice involves
work we do for other attorneys. We are proud that so many accomplished trial
lawyers turn to us for help with complex legal writing projects, such as appeals
and writs.
When large corporate defendants win or lose a jury verdict, or any
type of major case at the trial level, they often bring in appellate
specialists to handle the post-trial briefing. Why?
Sophisticated clients understand that the skills that win trials are
not necessarily the skills that win appeals, and that appellate
specialists are often best prepared to defend or attack a verdict on
appeal.
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U.S. Supreme Court building, front elevation, steps and portico. Picture taken by Duncan Lock, December 2004. |
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Effective lawyering requires a wealth of skills, and most lawyers gravitate to what they enjoy and what they are good at. While most lawyers are called on to write in the course of their practice, few devote themselves to becoming accomplished legal writers.
Only those with a keen interest in writing are likely to take seminars on writing, read books on effective written advocacy, seek out expert editors and subject their writing to blunt criticism, and then practice the lessons learned on countless motions, oppositions, and briefs.
A look at our bookshelf reveals where our interests lie. It is filled with books on writing, usage dictionaries, and written advocacy. We care about writing well, and have devoted considerable effort to develop and maintain our writing skills. [Sample briefs.]
As a result of this hard work, and 20 years of practice, we are recognized as being among the best plaintiffs’ appellate firms in California. This is why the Consumer Attorneys of Los Angeles – the third largest trial lawyer association in the nation – recognized Jeffrey Isaac Ehrlich its appellate lawyer of the year in 2005.
This is also why Michael Bidart of Shernoff, Bidart & Darras, one of the most successful plaintiff’s attorneys in the nation (and our former law partner) uses us as his appellate counsel. |
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Few attorneys can match Mr. Ehrlich’s appellate experience. His skill is in
analyzing complex legal and factual issues, and presenting them to the court in
a clear, persuasive manner. We can help plaintiff’s attorneys with any appellate
matter in either the state or the federal appellate
courts.
We can defend favorable verdicts and attack unfavorable ones. We can draft writ petitions to seek appellate review of a devastating — but unappealable — trial court ruling, or respond to petitions filed by an opponent. We are experienced in seeking reversals in cases where the defendant has prevailed on summary judgment.
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Orange County Courthouse, completed in 1901. Courtesy Seaver Center for Western History Research, Natural History Museum of Los Angeles County and http://www.courtinfo.ca.gov |
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In almost every case the defense will test the plaintiff’s case with a motion for summary judgment or a motion for summary adjudication of issues. Defeating these motions is the key to a successful plaintiff’s practice.
Once the summary-judgment motion is defeated, the case is on track for trial. Few defendants are willing to spend the money necessary to bring a case to trial, and many are unwilling to face the risk of having their case decided by a jury. As a result, defeating the summary-judgment motion lays the groundwork for settling the case on favorable terms.
We pride ourselves on our ability to effectively oppose summary-judgment motions. As a result of our experience, we avoid procedural mistakes that weaken the opposition, and we know how to capitalize on every mistake made by the other side. |
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While we enjoy appellate work and welcome any chance to handle an appeal, all too often we see that if we had been brought into a matter while the case was still pending in the trial court — particularly to oppose a summary-judgment motion — we could have avoided the need for an appeal and set the case in motion to settle.
People need lawyers because the law is complex. Busy plaintiffs’ lawyers need our help for this same reason. We can help you sort out the legal obstacles you must overcome in order to win your case, and prepare a powerful opposition to the following motions:
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Motions under Daubert and Kuhmo Tires to exclude expert testimony;
- Motions in limine;
- Post-trial motions, such as motions for new trial, or JNOV;
- Motions to compel arbitration; and
- Where an insurer has refused to defend its policyholder in litigation brought by a third party;
- Motions to quash for lack of personal jurisdiction
We can also prepare affirmative motions that can increase your chances to prevail, such as motions for summary-adjudication of issues; motions in limine, or motions to remand cases removed from state court to federal court. |
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