Nicholas E. Tishler, New York Litigation and Appellate Lawyer
When people cannot resolve a dispute privately they can start a lawsuit and bring their dispute to a neutral person, a judge. Operating under a set of procedural rules, the parties to the dispute present their version of the facts to the judge and tell the judge what they want to happen. The judge then resolves the dispute and tells the parties what will happen next. That is basically what a trial is about. Sometimes the judge resolves the dispute without a trial.
In every case there is a “winner” and a “loser.” When the “loser” is unhappy with the result, there are procedures for having other judges review what was done. That is basically what an appeal is about. I am an appellate lawyer. I advise and represent people who are unhappy with the result of a lawsuit and who wish to have the matter reviewed by other judges.
My practice is limited to research, appeals and motions. Some of these motions are motions for summary judgment or motions to dismiss lawsuits, motions to renew, motions to reargue and motions for permission to appeal. I also consult with attorneys on procedural, legal and potential appellate issues that arise during a trial and in litigation generally. I have assisted lawyers and litigants and have argued cases in federal and state appellate and trial courts for over 30 years.
In most cases, I work of counsel to trial counsel. In other words, when a party to a lawsuit is represented by an attorney, the attorney of record, I perform services for that attorney and his or her client as set forth in a retainer agreement. When a litigant contacts me directly, other considerations apply and such matters are dealt with on a case-by-case basis. You can read more about this on my website by clicking here: New attorney on appeal; what it means to be “of counsel” to an “attorney of record.”
I study the craft of appellate practice and I conduct in-depth research for all my cases. Sometimes, I go beyond standard research databases and conduct research in state archives, researching legislative history. Sometimes I study briefs and records on appeal that have been filed in other cases to understand more fully important opinions that could affect the outcome of a case. My ability to do focused research, analyzing relevant cases and opinions from specific judges and courts, gives me a strong basis upon which to argue my clients’ position.
Every person taking an appeal has the odds stacked against them because, as a general rule, the law presumes that judges make appropriate and correct rulings. But sometimes judges make mistakes. Even so, the procedural rules that govern appeals restrict what material an appellant can present to the appellate court and how that material can be presented. For example, appeals are heard on a record that is composed of documents filed with the trial court, any exhibits that have been admitted into evidence and the verbatim record of any trial or hearings that have occurred in the case. No new evidence can be presented, and no witnesses can testify. An appeal is not a “do-over.”
With each case, I endeavor to help my clients understand everything about their case. I am supportive and sympathetic, but most importantly, I endeavor not to waste my time or my clients' money. I would rather lose a retainer then give a client false hope about his or her chances of success. In addition, I believe that an educated client is a client well served. I strive to ensure that my clients understand every step of the appellate process. In that way, by the time a trial or appellate court renders its decision, my client understands how we got there.
Once again, welcome to my website. The information contained on my website is what I usually say to a potential client in one or two hours of discussion. If you read the information contained in the first three tabs of my website, you will have a good understanding of the appellate process. If you would like to discuss the specifics of your case with me, the first fifteen minutes of my time is free. I can usually provide some direction for you within fifteen minutes.
Whether you have a matter you wish to discuss with me or not, I would welcome any comments you might have about this site so I can improve it.