SERVICES, BILLING RATES AND AFFILIATED LAW FIRM

Services Offered by Andrea Saltzman

Ms. Saltzman, who opened her independent practice of appellate law in Berkeley in 2005, is available to handle civil appeals and appellate writs as sole or lead counsel for appellants, petitioners and respondents. Additionally, she handles post-trial motions, including motions for new trial or for attorney’s fees, again, as sole or lead counsel, and for moving or defending parties. But Ms. Saltzman’s work is not limited to direct representation of clients in the appellate and trial courts as a counsel of record.  She also offers a full range of consulting services. These consulting services include:

  Assessment of whether and when to seek appellate review

Ms. Saltzman can advise trial counsel whether to appeal or seek a writ from an appellate court after an adverse decision in the trial court or can provide an expert “second opinion” for the client on this question. Ms. Saltzman knows which trial court decisions and orders are appealable and which can or must be reviewed through a writ petition. Moreover, based on her experience and expertise in appellate law, she knows the chances of succeeding on an appeal or writ petition. Ms. Saltzman can provide an objective assessment of a case and a thorough analysis of the legal issues, including the crucial standard of review. Ms. Saltzman can also advise trial counsel if they need to immediately appeal from any adverse decisions of the trial court before or after final judgment. Some trial court decisions (like injunctive orders, orders on disqualification of counsel, or awards of attorney fees) are appealable apart from the judgment and cannot be appealed with the judgment if the time to appeal from the decision has run.

  Assistance in the trial court to improve the chance of success in the appellate courts

The time to start thinking about an appeal is in the trial court, long before any notice of appeal has been filed. Whether a case has been won or lost, Ms. Saltzman can help trial counsel secure statements of decision and judgments that put their clients in the best possible position on any appeal—without waiving any issue. And Ms. Saltzman can advise trial counsel when they need to move for a new trial or reconsideration to augment the record on appeal. She can assist trial counsel on these and other post-trial motions, or handle them for trial counsel. As has been stated, Ms. Saltzman can also advise trial counsel if adverse decisions of the trial court before final judgment can and should be separately appealed or if a writ should be sought. If it has been decided to appeal from an adverse decision or the judgment, Ms. Saltzman can advise counsel when and how to perfect the appeal. It is often difficult to figure out the time within which an appeal must be taken. But, if the time limit is not met, an appeal will be dismissed. Moreover, Ms. Saltzman can advise counsel how to get the best possible record prepared and how to follow all of the rules and procedures for perfecting an appeal. Similiarly, if it has been decided to seek a writ from an adverse decision, Ms. Saltzman can assist with the preparation of the writ petition and the accompanying record. Again, Ms. Saltzman knows the applicable time limits, rules and procedures for appellate writs, and she knows what is needed in the record.

  Advice and assistance with appeals and appellate writs

After an appeal has been taken or the Court of Appeal decides to hear a writ petition, without acting as a counsel of record, Ms. Saltzman can guide trial counsel through the appellate process, ensuring compliance with the often confusing appellate rules. But her assistance with briefs may be most useful of all. Ms. Saltzman can review the record and the law and make suggestions for briefs before they are drafted; she can review and revise draft briefs or simply make suggestions for improving the presentation and analysis of the issues; and she can draft portions of briefs, including the crucial sections on the standard of review and appealability, which can make or break an appeal. In other words, she can help counsel for both appellants and respondents present the most effective and compelling case on appeal.

  Assessment of whether to seek review in the California Supreme Court and assistance in the Supreme Court when review is sought or granted

Ms. Saltzman can advise trial counsel or provide an expert “second opinion” for the client on whether to petition for review in the California Supreme Court after an adverse decision in the Court of Appeal. Review in the California Supreme Court is discretionary in civil cases and only a small percentage of cases are accepted for review. Based on her experience and expertise, Ms. Saltzman can assess your chances of obtaining review and can assist you to obtain review. Ms. Saltzman can also prepare a petition for review for you or an answer to a petition for review by another party. If review is granted, she can additionally handle the briefing on the merits and argument for you or can assist you with the briefing and argument.

Competitive Rates and Innovative Fixed-Rate Billing

Ms. Saltzman is aware that litigation is costly and that the cost of continuing litigation through an appeal can often be prohibitive. Ms. Saltzman can help keep these costs down. Because of her independent practice and low overhead, she charges a reasonable—and highly competitive—hourly rate. Ms. Saltzman also offers innovative fixed-rate billing. That is, she will handle appeals, appellate writs and post-trial motions (including motions for attorney's fees) for a reasonable fixed fee or a "not to exceed" amount based on the complexity of the legal issues, the size of the record, and the nature of the case. In appropriate cases, Ms. Saltzman may also provide consulting services for a fixed fee. For example, she may charge you a flat fee to assess whether to seek California Supreme Court review from an adverse Court of Appeal opinion.

Affiliated Law Firm

Ms. Saltzman is affiliated as “of counsel” with the Oakland firm of Jarvis Fay Doporto & Gibson which provides litigation and counseling services in the areas of land use, environmental and natural resources law, and general local government law. Depending on the nature of the services being provided by Ms. Saltzman, it may be advantageous for her to provide the services through this firm. However, no other attorney will work on—or bill for—a matter for you without your express authorization. And, Ms. Saltzman’s billing rates will remain highly competitive.

For more information on Jarvis Fay Doporto & Gibson please go to www.jarvisfay.com