Meet your

appellate

expert.

Sometimes, the trial is just the beginning.

Our Services

Appeals

The appeals process is complex and requires expertise. Without that expertise, it is easy to miss deadlines or waive issues. Here at Bartenhagen Law, we have that expertise. We handle your appeal from start to finish to maximize your chances of success. We compile and review the record on appeal, research and write briefs and motions, conduct oral argument, and handle post-opinion motions like motions for rehearing.

Litigation Support

We assist trial counsel before, during, and after trial to put you in the best possible position to win your case. We research complex legal issues, research and draft key pleadings, motions and oppositions including motions in limine, jury instructions, and post-trial motions. If you prefer, we even argue them for you so that you can focus on presenting your case. We also provide guidance to ensure that you preserve potential appellate issues.

Testimonials

Not all clients have provided testimonials, the results are not necessarily representative of results obtained by Bartenhagen Law, and a prospective client’s individual facts and circumstances may differ from the matter in which the testimonials are provided.

Erik provided amazing support

and his positive impact on the successful resolution of the litigation cannot be overstated. I appreciated everything Erik did for us, and I will miss working with him.

Dr. Paz Kahana

President and CEO
CharacTell, Ltd
Erik’s work is top quality

and he provides invaluable support to help me get the best results for my clients.

Todd Stone, Esq.

Senior Partner
The Stone Law Group
Erik consistently impressed me

with his high level of preparation and professionalism, the impeccable quality of his work product, and his outstanding judgment, all of which proved vital to achieving success for our clients. I look forward to working with Erik again in the future, and I encourage anyone in need of a superb appellate lawyer to do the same.

Christian Samito, Esq.

Founder and Principal
Samito Law, LLC

Erik Bartenhagen

Principal

FAQs

What are appeals and how are they different from trials?

Appeals are very different from trials and require specialized expertise. At trial, the focus is on establishing facts through discovery, depositions, witness testimony, and other evidence. Ultimately, trial lawyers make arguments designed to convince a trial judge or jury that the facts introduced at trial should result in a judgment in their favor.

An appeal is not another trial. It is a review of the original decision entered at the trial level. On appeal, the facts and evidence have already been established and cannot be changed. Instead, appellate lawyers focus on errors of law to persuade a panel of judges of the merits of their position through written briefs and oral advocacy. The appeals process is extremely complex with intricate rules and procedures. Working with an attorney with appellate expertise is essential to maximize your chances of a positive outcome.
What kinds of appeals do you handle?

We handle all kinds of appeals in both state and federal court, in a wide variety of subject matters including medical malpractice, personal injury, workers’ compensation, and complex constitutional issues.

Most appeals happen after the trial is over, when one party seeks to either overturn or preserve the trial outcome. However, some appeals can occur in the middle of a case following certain types of non-final orders (for example, orders relating to injunctive relief, workers’ compensation immunity, and entitlement to arbitration). And appeals of some orders – like those related to judicial disqualification and the discovery of privileged information – take the form of original appellate writs that proceed in tandem with the ongoing litigation.

The appeals process can be confusing, even for experienced attorneys. That’s why it’s so important to entrust your case to an attorney with appellate expertise. Bartenhagen Law has extensive experience with all three types of appellate proceedings.
Can you also assist at the trial level?

Yes. We offer valuable litigation support services to trial attorneys before the case reaches an appeal. We provide high-quality pleadings, motions and oppositions, jury instructions, and other research and writing services leading up to, during, and after trial to assist litigators in maximizing their clients’ chances of success.

We can also be there to assist during the trial itself, either at counsel table or behind the scenes. The outcome of an appeal is often heavily influenced by important rulings at the trial level, and we can help ensure that you make the right objections and arguments to preserve any appellate issues.

Our litigation support services will help put you in the best position to prevail – both at trial and on appeal.
What is your relationship with trial counsel?

Most of our business comes from other attorneys who either need litigation assistance at the trial level or require an expert to handle an appeal. We appreciate that trial attorneys place their trust in us and we work hard to validate that trust by providing excellent trial support and appellate representation, while always keeping the referring attorney in the loop. We can handle such cases on a straight referral basis, or as co-counsel with the trial attorney.
What are your fees?

We are flexible and will work with you to develop a fee structure that works for you. We can charge an hourly rate or a flat fee, depending on your individual needs. We also work on contingency, meaning that you only pay us if we win.

We have structured our practice to keep overhead low, so our rates are highly competitive.

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