Appeals: When retained as appellate counsel, Herb Fox assumes the position of lead attorney for all appellate-related matters, from filing the Notice of Appeal, perfecting stays of enforcement, assessing the merits of the appeal, record preparation, legal research and analysis, drafting and filing briefs, appearing at the oral argument, assessing the Court of Appeal’s Opinion, preparing Supreme Court Petitions and—if the case is taken up—handling all proceedings at the Supreme Court. 

Extraordinary Writ Petitions: Herb Fox consults with trial counsel on the availability and value of interlocutory Petitions for Extraordinary Writ relief and—if the Petition is to be filed—will handle all stages of the writ proceeding from the filing of the Petition at the Court of Appeal through summary denial or decision on the merits.

Post Judgment Proceedings: Herb Fox consults with trial counsel on the need for post judgment proceedings in the trial courts that may be necessary in order to create or preserve appellate issues, and will assist trial counsel in preparing or responding to those motions or proceedings. These may include Motions for New Trial and/or JNOV, Motions for Reconsideration of appealable orders, Requests for Statement of Decision, and drafting or objecting to proposed Orders, Statement of Decisions and Judgments.

Trial Proceedings: Herb Fox consults with trial counsel in order to create and preserve issues of law that might be subject to appellate review after rendition of the judgment or appealable order and assists in drafting the appropriate motion, brief or request. These include Motions for Summary Judgment, jury instructions, trial briefs, and Motions in Limine.

Pre-Trial Proceedings: The resolution of an issue of law—or a prediction as to how a Court of Appeal will rule—can affect a party’s willingness to settle a case prior to trial. Herb Fox consults with trial counsel, assists in the preparation of settlement conference or mediation briefs, and appears at settlement conferences and mediations to help persuade opposing parties as to the likely outcome of litigation and appellate proceedings if the case were to go to trial. Herb also consults with trial counsel prior to and during the pleading stages, assisting in the drafting of complaints, demurrers, and motions to strike, including prosecuting and responding to anti-SLAPP motions.