We serve as consulting and advice counsel in situations where our clients have other representation, whether on appeal or in the trial court, but need to ensure complex issues are researched and presented as effectively as possible. This sometimes occurs when a client keeps trial counsel on for the appeal, but is looking for a fresh pair of expert eyes to review the arguments and record to determine whether there’s a different approach that might bring a better result. It also occurs when a sophisticated client wishes to have a team of academically oriented minds devising its legal positions in either the trial or appellate courts (or both), or wants to ensure issues are properly preserved for later appellate review.
Why Foley & Foley?
The Trusted New Jersey Law Firm for Appeals
At Foley & Foley, our appellate attorneys are devoted to appellate practice and have represented clients in hundreds of criminal and civil appeals, as well as federal appeals. We are able to offer a superior level of appellate advocacy through our extensive experience and client-centered counsel.
What’s our formula for success? We give clients the fresh perspective that’s needed on appeal—clarifying the issues that matter to appellate courts. We view the case in much the same way that the appellate judges themselves are likely to view it (judges who were not involved at trial).
Exceptional qualities of our firm:
- We take pride in our written briefs. Our experience has taught us that appeals are usually won or lost on the brief, and that the best briefs raise only one or two issues that really impacted the case’s outcome. We identify these issues and frame them in a way that encourages the appellate court to adopt our construction of the case that can lead to rulings in your favor. And while we value oral argument, we understand its role: to reinforce the arguments we’ve already advanced in our brief and to address questions the court may have in trying to decide the case.
- We tailor our services to fit a client’s need in each matter. From general representation on appeal to assistance with a discrete issue, our clients determine how we can help. We start by evaluating the likely issues in a case before an appeal is even filed, helping clients decide whether appealing (or preventing an adversary from doing so) is worthwhile. All of this helps our clients understand and manage their expenses while meeting their litigation goals.
- We maintain a hands-on approach with our clients, remaining personally involved from initial discussions about a matter through briefing, argument, and post-appeal decisions. We don’t delegate these important responsibilities to an unfamiliar staff of junior lawyers or paralegals.
- We understand that sometimes we’re just part of the client’s litigation team, and that the appeal is only part of the client’s overall dispute. This is reflected in our productive working relationships with co-counsel—often working with a client’s trial counsel to ensure that success at trial isn’t forfeited on appeal or helping identify and present a crucial appellate issue to reverse a case thought lost.
- We maintain professional honesty with our clients at all times, providing confidential but objective advice that enables our clients to make informed decisions about their cases.
Proven Leaders in Appellate Advocacy
Foley & Foley has had the privilege of appearing before the New Jersey Supreme Court numerous times, arguing clients’ cases to victory at the state’s highest appellate level and changing seemingly-established law.
We’ve litigated against the largest of companies. We represented plaintiffs in design-defect litigation against Ford Motor Company and persuaded a New Jersey appeals court to reverse a no cause of action verdict that Ford had obtained after a 14-day jury trial.
We’ve litigated against state and federal governments, obtaining appellate victories for our clients in both civil and criminal appeals.
Legal Services Catered to Your Needs
We work efficiently and on-time. Our fee arrangements are flexible, accommodating clients’ sometimes changing needs. We provide estimates for services on request.
Sherry L. Foley
Ms. Foley graduated with honors from Pace University Law School and is admitted to practice in New Jersey, New York, Connecticut, and Florida. Over the past 25+ years, she has successfully represented individuals, small companies, and large, Fortune 500™ corporations with diverse issues ranging from wrongful discharge to trade secret infringement and everything in between, including successfully litigating cases before the Supreme Court of New Jersey, the Supreme Court of Pennsylvania, and the Supreme Court of Georgia. Ms. Foley is a member of the American Association for Justice and the New Jersey Association for Justice. She also has served as CEO and General Counsel for several boutique financial services companies.
Timothy J. Foley
Mr. Foley is a graduate of the Massachusetts Institute of Technology and Rutgers University School of Law – Newark. He is admitted to practice in New Jersey, New York, Maryland, and Georgia. Following law school, Mr. Foley clerked for Justice Robert L. Clifford of the Supreme Court of New Jersey. For the past 20 years, Mr. Foley has owned and operated a general practice with extensive experience in estate planning, estate administration, estate litigation, personal injury, education law, small business law, collection law, commercial litigation, construction litigation, bankruptcy (creditors), real estate, and appellate advocacy. Mr. Foley has successfully prosecuted through to settlement or judgment several million dollars of claims for individuals, LLCs, and corporations, including cases before the Supreme Court of New Jersey and the Supreme Court of Georgia. Mr. Foley is a member of the American Association for Justice and the New Jersey Association for Justice.
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