The Law Offices of Thomas Ogden advises and represents clients in connection with California and federal appeals, writ proceedings, and related appellate matters.
For matters arising in any of California's 58 superior courts, appeals and writ proceedings within the jurisdiction of the California Court of Appeal proceed to one of six appellate districts, determined by the county in which the case was tried. Federal matters litigated in California proceed to the United States Court of Appeals for the Ninth Circuit.
Thomas Ogden has practiced law for over 20 years and is a State Bar of California Certified Specialist in Appellate Law. His experience includes hundreds of civil and criminal appellate matters in California, numerous United States Courts of Appeals, and matters reaching the California Supreme Court and Supreme Court of the United States.
California appellate matters may arise from final judgments and certain appealable orders entered in civil litigation.
Appellate representation can include evaluating appellate jurisdiction and appealability, reviewing the trial-court record, identifying potentially reversible error, analyzing the applicable standard of review, preparing appellate briefs, and presenting the matter before the reviewing court.
Civil appellate matters may arise from business and financial disputes, probate and trust proceedings, family law matters, anti-SLAPP proceedings, summary judgment, and other forms of civil litigation.
Not every significant trial-court ruling can effectively wait for review following final judgment.
In appropriate circumstances, a petition for extraordinary writ relief may provide a means of seeking appellate review of an interlocutory ruling. Writ proceedings differ substantially from ordinary appeals and may involve particularly important questions of timing, record preparation, discretionary review, and the availability of an adequate remedy through a later appeal.
Appellate strategy does not necessarily begin after judgment has been entered.
In civil litigation, the summary judgment and other dispositive-motion stages can be particularly important. Arguments made, objections raised, evidence placed in the record, and rulings obtained in the trial court may later define what an appellate court can review.
In appropriate cases, early appellate consultation may assist trial counsel or a party in identifying issues that should be preserved and developing an adequate record for possible later appellate review.
An appellate court ordinarily reviews the record created below; an appeal is generally not an opportunity to reconstruct the case after the fact.
Mr. Ogden also advises and represents clients concerning white-collar criminal appellate matters.
Such matters may involve convictions, sentencing issues, evidentiary rulings, statutory interpretation, constitutional questions, and other issues appropriate for appellate review in California or federal courts.
Mr. Ogden has substantial experience with appellate matters before numerous United States Courts of Appeals.
Federal appellate engagements may involve appeals from final judgments, interlocutory review where available, extraordinary writ proceedings, and appellate strategy in civil and white-collar matters pending in the federal courts.
Mr. Ogden is available to consult concerning matters involving the California Supreme Court, including petitions for review, writ proceedings where appropriate, and appellate strategy concerning issues that may warrant review by California's highest court.
Review by the California Supreme Court is discretionary in most matters.
Mr. Ogden is also available to consult concerning matters involving the Supreme Court of the United States, including petitions for writ of certiorari and matters presenting significant federal constitutional or statutory questions.
Review by the Supreme Court is highly discretionary, and consideration of Supreme Court proceedings ordinarily requires careful evaluation of both the legal issues presented and the procedural history of the matter.
Not every unfavorable ruling presents a viable appeal.
An appellate evaluation may involve questions of appealability, jurisdiction, preservation of error, the applicable standard of review, the contents of the record, timing, and whether an identified error could provide a basis for meaningful appellate relief.
Appellate consultation may be useful before a notice of appeal is filed, after appellate proceedings have begun, or while the trial-court proceedings remain pending.
Mr. Ogden is also available to advise concerning certain cross-border disputes and litigation-related matters involving Commonwealth jurisdictions.
His background includes qualification as a solicitor in England and Wales, Civil Higher Rights of Audience, admission as a solicitor in Ireland, and experience involving international and Commonwealth-related proceedings. His overseas admissions are presently non-practising.
This site also maps California's appellate system as a whole, including how a case is routed from any superior court into the correct Court of Appeal district and division, preparation of the appellate record, clerk's and reporter's transcripts, statewide filing rules, and the federal path into the Ninth Circuit.
Start With a Conflict Check
Before the Law Offices of Thomas Ogden can review the substance of a matter, the first step is a brief conflict-of-interest check.
Only basic contact and case-identifying information is requested at this stage.
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Using this website or submitting a conflict check does not create an attorney-client relationship and does not extend, suspend, stay, or otherwise affect any legal, trial-court, appellate, or other deadline or proceeding.
