FEDERAL APPELLATE ADVOCACY

"When you've been victimized by an unjust judgment, verdict, or court order, you need a good lawyer and a great writer." — Jonathan Rosenberg, Managing Attorney

Rosenberg offers experienced, creative, and passionate appellate advocacy before the Second Circuit Court of Appeals, with a talent for creative writing and a proven record of appellate victories in both state and federal proceedings.

Appellate writing is a team approach, because writing is editing, and editing is involves hard-worn research, careful word choice, and a fidelity to storytelling that is both truthful and entertainment in the same trodden breath.

Often two lawyers handle the initial research and outlining, while Jonathan or Samantha conference with the research team to decide on the final case citation and argument strategy, which must be carefully integrated into a well-written state of facts.

It is our belief that a great appellate brief can be won or lost on the factual statement of the case — the heart of the narrative supporting the appellant before the court. A clear, concise, and clever factual statement is like a screenplay for judges; it provides the reader the truth, while also telling a gripping story of injustice before the law.

A Team-driven approach to achieving results

While past results do not guarantee the future outcome, we post our recent results for all to see. With an emphasis on speed, precision, and excellence, Rosenberg has built an exceptional record of achieving results across state and federal courts — everything from dismissals, reversals, modifications, and exonerations, to outright appellate settlements. Both our appellate and exoneration practices focus on developing a compelling story on what went wrong in your criminal or civil case, from the day you entered the courts, to the day you felt the heavy weight of a loss.

We endeavor to complete your appeal with speed and precision while ensuring that your appellate briefing documents represent exceptional legal thinking, persuasive legal arguments, and compelling written pros. In short, excellent appellate writing is critical to success, because you only have one shot to show the Court that your case wasn’t fair, just, or handled according to law.

And let us be clear: the Constitutional ideal is not dead, despite the loudest voices in the room. We stand by the maxim that all persons are entitled to a fair court proceeding — a plea that is knowing, free, and intelligent, or a trial based on sufficient, provable evidence, that is fairly presented, honestly weighed to the highest standard of proof beyond a reasonable doubt, and critically examined in favor of the defendant, who stands presumed innocent. But this is an ideal — a “more perfect union” we strive to become — and not a reality for many of our clients.

understanding the injustices suffered

In a stunning number of court cases, the losing party is surprised to learn that the system is imperfect — that even a big-name defense lawyer might fail to investigate obvious evidence — or that a jury might fall asleep without anyone saying a word — or that a Judge might make rulings that prejudice the defendant and create a bias in favor of the prosecutor — or even that the prosecutor would present misleading evidence while government witnesses lie with no consequences! This is where the appellate remedy becomes so important to restoring your freedom, dignity, and livelihood.

The defendant who has suffered a loss at their trial or an unjust conviction calls our office because something went wrong. They aren’t just looking to throw dice at the appellate courts; they know in their gut that the trial was unfair or the plea was coerced — that their lawyer didn’t give a damn — or that the jury was given a half-baked view of the truth. At Rosenberg Law Firm, we take human problems and turn them into exceptional legal arguments that achieve excellent outcomes.

When you’ve been let down by the legal system, and you’re willing to take your chances in the appellate courts, Rosenberg offers you the highest quality appellate writing that a team of three experienced, fearless advocates can provide. In many ways, an appeal is like a new trial — except the jury consists of three-to-five judges who will examine your case with fresh eyes and enduring wisdom that no trial jury could surpass. Once your appellate brief, or exoneration motion, hits the courtroom, we’re ready to write replies, schedule oral arguments, and prepare you for the next steps in the appellate process.

A Creative Approach to Legal Writing

We approach post-judgment writing like a screenwriter approaches a factual story: the presentation must be human, relatable, and persuasive, while adhering closely to the rule of law. The law is not a science, and bright line rules are governed by exceptions. The law is a human narrative, and justice is a human outcome. Writing for a Judge, jury, or Court, is like writing for any audience; it requires structure, propulsion, simplicity, and a fidelity to human truths within the rule of law.

A Firm built on faith and leadership