FAQ

Most frequent questions and answers

Yes. Our Case Review Service evaluates your case, identifies the likely issues on appeal, and informs you how the appellate court would probably view them. This helps you decide whether an appeal is worth pursuing.

Our Case Review Service is typically charged on a flat-fee basis. It’s cost effective because it helps you understand the likely appellate issues in your case before you commit to the appeal. And, if you decide to retain us to pursue the appeal, the cost of our initial case evaluation goes toward our fee for briefing and arguing your case. Please contact us to learn more about how we can help you.

Yes, through our Case Review Service. We’ll help assess the likelihood that your opponent will prevail on appeal—critical information that enables you to make an informed decision about whether to fight to preserve your lower-court victory or settle the case. Please contact us to learn more.

Our members are admitted to the bars of the United States Supreme Court, the United States Courts of Appeal for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and District of Columbia Circuits, the States of New Jersey and New York, and the Commonwealth of Pennsylvania. We can also assist clients nationwide through pro hac vice admissions where appropriate. Please contact us to learn more.

Civil and criminal appeals in state and federal courts. We represent both appellants (those seeking to reverse the decision below) and appellees (those seeking to sustain it). Please contact us to learn more.

Both companies and individuals, as well as organizations and interest groups seeking to be heard as amicus curiae. Please contact us to learn more.

Yes, Foley & Foley practices throughout a large part of the United States in federal appeal courts. Our members are admitted to the bars of the United States Supreme Court, and the United States Courts of Appeal for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and District of Columbia Circuits. We can also assist clients nationwide through pro hac vice admissions, or by working with your local counsel. Please contact us to learn more.

It depends on your case and what help you need. Please contact us to tell us about your case, and we’ll provide an estimate for services tailored to your needs.

We offer various fee arrangements. Typically, our fee is based on an hourly rate. In many cases we can offer a flat-fee for our services, giving our clients cost certainty. We provide estimates on request, and we accept various payment methods (including credit card payments). Please contact us to learn more and request an estimate.

No. If you choose, Foley & Foley can work with your trial counsel to help with your appeal. Or we can be your lead counsel on appeal, permitting your trial counsel to focus on the trial-level litigation. Please contact us to learn how we can help you.

By discussing the appeal with you as it progresses. We encourage our clients to call us when questions arise. Our partners can be reached directly through our toll-free number or their individual emails.

Sometimes yes. If you were forced into the settlement, or if it’s patently unfair, you may be able to have it declared invalid. Please contact us for a complete evaluation.

It’s difficult to predict an appellate court’s ruling, but Foley & Foley can help assess the likelihood that you’ll win. Our Case Review Service evaluates your case before it’s appealed, identifying the likely appellate issues and whether it’s worth appealing in the first place (or, if you prevailed below, the likelihood of your opponent succeeding). Please contact us to learn more about how we can help you.

We’ll discuss the decision with you and whether you or your opponent may appeal further. We would then outline how best to proceed.

Yes, Foley & Foley represents individuals seeking relief from criminal convictions and sentences. We’ve represented clients on direct appeal, in petitions for postconviction relief in state court, and in habeas corpus proceedings in federal court.

We’ve obtained relief for clients convicted of the most-serious crimes, including murder, kidnapping, armed robbery, theft, assault, sex offenses, criminal fraud, and drug distribution. Even where the evidence seems overwhelming, we’re often able to identify one or two fundamental errors that undermined the trial process. We’ve had several cases overturned completely, and we’ve convinced the appellate court to modify sentences in many others. We’ve litigated several important issues in this area, including:

  • the admissibility of lie-detector evidence at trial;
  • a defendant’s right to offer expert testimony on battered women’s syndrome to support duress and self-defense;
  • the improper use of a mug shot at trial;
  • the trial court’s obligation to charge lesser-included offenses;
  • the scope of double jeopardy protection under state constitutional law;
  • a defendant’s right to present exculpatory evidence and cross-examine witnesses;
  • improper voir dire or removal of jurors during trial;
  • the impact of pretrial publicity on the right to a fair trial;
  • the right to an interpreter;
  • the requirement that a defendant be competent to stand trial or understand proceedings against him;
  • incomplete or missing jury instructions as violating a defendant’s due process right to proof beyond a reasonable doubt;
  • prosecutorial misconduct;
  • the improper use of a defendant’s prior convictions or bad acts;
  • the improper admission or use of prior inconsistent statements;
  • the admissibility of unduly prejudicial demonstrative or graphic evidence;
  • the improper admission of expert or lay opinion testimony;
  • denial of the right to effective assistance of counsel or the right to self-representation;
  • improper warrantless searches or seizures;
  • Brady violations;
  • violations of a defendant’s right to remain silent under Miranda or improper use of a defendant’s statement at trial;
  • improper consecutive sentences and sentencing presumptions;
  • violation of the separation of powers doctrine;
  • trial in absentia and waiver of the right to appear;
  • improper joinder of parties or charges;
  • motions for a new trial based on newly discovered evidence;
  • improper application of procedural bars in postconviction and habeas corpus proceedings;
  • invalid guilty pleas; and
  • motions to reduce or change a sentence or manner of confinement.

Please contact us to learn how we can help you.

Yes. In addition to its substantial appellate experience, the Firm and its members have handled many types of trial litigation over the years and have litigated issues involving

  • breach of contract
  • intentional torts
  • negligence
  • misrepresentation and fraud
  • breach of fiduciary duties
  • conversion and fraudulent transfer
  • copyright infringement
  • product liability
  • education law
  • consumer fraud act claims
  • real estate and home improvement claims
  • trespass
  • replevin
  • agency
  • employment discrimination
  • corporate successor liability
  • intestate and probate claims
  • fraudulent loans and fictitious payments
  • defamation
  • Bankruptcy Code matters
  • interpretation of insurance policy provisions
  • statutes of limitation
  • personal and subject-matter jurisdiction
  • venue
  • conflict of laws.

Please contact us to learn how we can help you with your case.

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19 Spear Rd. Suite 202 Ramsey, NJ 07446

(973) 304-6003

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