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Marianne Espinosa

Marianne Espinosa

July 19, 2021 | New Jersey Law Journal

When More Than One Attorney Argues an Appeal

APPELLATE ANSWERS: There are few cases where more than one attorney argues an appeal. Yet, some matters or circumstances lend themselves to it. A sensible split argument, by counsel who recognize the benefits offered to the court, can result in two being better than one.

By Marie E. Lihotz and Marianne Espinosa

6 minute read

June 04, 2021 | New Jersey Law Journal

What Appellate Judges Don't Want You to Do

APPELLATE ANSWERS: A series of "please don'ts" from appellate judges, delivered under a promised cloak of anonymity.

By Marie E. Lihotz and Marianne Espinosa

6 minute read

April 23, 2021 | New Jersey Law Journal

Does It Matter Which Side Files an Appeal First?

APPELLATE ANSWERS: Is there a difference in being the appellant or the respondent/cross-appellant? There are several considerations that might impact this decision.

By Marie E. Lihotz and Marianne Espinosa

7 minute read

March 12, 2021 | New Jersey Law Journal

Should Clients Attend Oral Argument?

APPELLATE ANSWERS: Obviously, the client has an absolute right to come to oral argument and, certainly, you must keep your client informed about the progress of the case. But before you encourage your client to attend, first ask yourself: Why do you want your client there?

By Marie E. Lihotz and Marianne Espinosa

6 minute read

February 02, 2021 | New Jersey Law Journal

Coming Apart Without Themes

APPELLATE ANSWERS: Without a theme stitched throughout each phase of a presentation, you are left with a series of somewhat disjointed facts, people, or events, and the overall message unravels.

By Marie E. Lihotz and Marianne Espinosa

5 minute read

December 24, 2020 | New Jersey Law Journal

Appellate Results Are Not Always Predictable Based on Interactions at Oral Argument

APPELLATE ANSWERS: It is what happens after oral argument—unseen by the litigants and lawyers—that determines how the case will be decided.

By Marie E. Lihotz and Marianne Espinosa

5 minute read

November 06, 2020 | New Jersey Law Journal

Collegial Deliberations Are the Heart of Appellate Decision-Making

APPELLATE ANSWERS: How do appellate judges gain the knowledge and insight into so many areas to write and make law?

By Marie E. Lihotz and Marianne Espinosa

6 minute read

August 28, 2020 | New Jersey Law Journal

Tips on Securing the Record for Appeal

APPELLATE ANSWERS: One hallmark of a good trial attorney is the ability to work simultaneously on two planes—advocating to win at trial while laying the groundwork for any necessary appeal.

By Marie E. Lihotz and Marianne Espinosa

6 minute read

July 24, 2020 | New Jersey Law Journal

Effective Telephonic Arguments before the Appellate Division

APPELLATE ANSWERS: Two former appellate judges offer suggestions for maximizing your effectiveness in the telephonic forum.

By Marie E. Lihotz and Marianne Espinosa

6 minute read

June 19, 2020 | New Jersey Law Journal

Insights on Developing the Factual Record

APPELLATE ANSWERS: Facts matter. The extent to which legal arguments are likely to succeed is greatly affected by their factual context. So, care must be taken to protect the full development of the factual record.

By Marie E. Lihotz and Marianne Espinosa

5 minute read