Trials are meant to give a decision. If you find that the decision of your trial was unjust, it’s not the end of the world for you. You can always go ahead and file an appeal in a higher court of law. But before you make any such appeal there are a few questions that you need to ask yourself. Having clear answers to these questions will help you to move ahead in a planned manner and with confidence.
Is it worth making an appeal?
It’s not always easy to decide whether making an appeal is the right decision or not. You may feel that the decision given by the trial court was unfair or undeserved. But that doesn’t translate into an effective case for an appeal in a higher court. However, you must not let go of the opportunity to get the ruling overturned if there is a possibility to do so. While it may not be possible for you to judge it yourself, you can take the help of an experienced appellate lawyer in this case. By consulting an appellate lawyer, you will be able to understand whether it will be viable for you to make an appeal to a higher court or not.
Should you hire an appellate attorney or go with your trial attorney for your appeal?
First of all, note that fighting a case in a trial court is not the same as making an appeal in a higher court. Both involve different legal procedures. Also, the skill set required to deal with a trial case is quite different from that needed to argue an appeal in a higher court. Many trial attorneys do not have the experience or skill needed to handle an appeal. That is why top appeal lawyers are the best people to deal with appeals.
Do you need to hire an appellate lawyer before you make an appeal?
An appeal does not allow you to present any new evidence or witness in support of your case. You can’t even present a new strategy to change the course of your case. All you can do is examine the evidence that has already been presented in the trial court and find legal errors that you can use to overturn the decision given by the lower court. This is something that is beyond the capacity of a common person without any knowledge of the law. The best idea is to hire an appellate attorney who will be able to search for the errors and argue your case based on those errors and further research.
How much value should you attach to the experience of an appellate lawyer?
It’s extremely important that you hire an appellate lawyer who has vast experience in handling appeals. Mastering the skills that make one a refined appellate lawyer is not easy. It takes many years and many cases for a lawyer to become an expert in this field. A skilled and seasoned lawyer can turn the sails of ruling in your favor. So, it’s wise to go with an experienced lawyer when making your appeal.