Appeals

Trials are when evidence and testimony are presented to a judge or jury. Appeals are different. An appellate court can only consider the record made at the trial level. That record contains all filings at the trial court along with a trial or hearing transcript. As a general rule, no new evidence is allowed on appeal. Rather, it is the appellate attorney’s role to make the best case with the record available. Plaisance Law takes this role seriously. 

An appellate attorney requires particular skills. At Plaisance Law, our mission is to provide appellate representation that eases the transition of a case beyond the trial court. We take the record created at the trial level, often hundreds or thousands of pages, and prepare persuasive arguments on appeal. Those arguments take the form of a brief, often up to 30 pages, and an oral argument, presented in 15-20 minutes. Mark D. Plaisance and Marcus J. Plaisance have extensive experience taking complicated and expansive cases and creating straightforward, powerful arguments. 

Our approach begins with the record itself. We review the trial court pleadings, the arguments of trial counsel, and the testimony and evidence presented. That information is used to create a framework of issues for the appellate court. Whether those issues are new or frequently raised, we thoroughly research the applicable statutes and case law to bolster our arguments. In every case we provide the court with the most favorable and recent law to support your position. While no attorney can guarantee an outcome, we do guarantee a well-considered, well-researched and well-written brief, putting forth the best arguments for your case.

Experience sets us apart. Unlike many attorneys that handle appeals only as necessity, a majority of our practice focuses on appeals and writs. We have represented clients before the five Louisiana Appellate Courts, the Louisiana Supreme Court, the United States Fifth Circuit Court of Appeals, and the United States Supreme Court. 

Mark has more than 500 docketed appeals and writ applications in criminal law, personal injury law, family law, education law, property rights law, criminal and civil procedure, and many other legal areas. He has written, argued, and won appeals or supervisory writ applications in all five Louisiana appellate courts, the Louisiana Supreme Court, and the United States Fifth Circuit. Additionally, Mark successfully argued before the United States Supreme Court in the 2016 landmark criminal case of Montgomery v. Louisiana.

Marcus has handled several appeals in personal injury law, Louisiana Constitutional law, family law, and civil rights law. He has also tried several bench and jury trials to verdict. His experience as an appellate court intern, district court law clerk, and active trial attorney provide a unique insight into the pre-appeal process. 

We are available at your convenience to discuss what we can do to save you time and allow you to focus on your practice while we handle the appellate needs of your clients and the research and writing aspects of your practice. We look forward to working with you.