When parties to a dispute go to court to resolve their legal issue, one side or another will likely end up unhappy with the judge’s decision. If you believe that the judge made legal errors in reaching the final order in your case, you may consider appealing the judge’s order. An experienced civil appeals lawyer from Evans Kingsbury, LLP, can evaluate your case, present your options, and help you determine the best legal strategy for handling the decision in your case.
Seeking legal counsel will allow you to understand how the appeal process works and whether pursuing an appeal would benefit you. Together, you can make the decisions that will benefit you and help you achieve your desired outcome for your case. Contact our offices today at (707) 596-6090 and learn more about filing an appeal in your civil case.
Hiring a civil appeals attorney is not a decision you should take lightly. You should personally interview prospective appellate lawyers to decide which one would best represent your interests in your case. When interviewing a potential appellate lawyer, you might consider asking the following four questions.
Do You Have Experience Handling Appeals?
Handling an appeal is much different than handling a case at the trial court level. A lawyer who takes a case to trial must understand the discovery process and evidence rules and know how to present your case to a judge properly. However, the appellate court does not hear any new evidence about your case on an appeal. In addition, many times—but not always–the appellate court will defer to the trial court’s discretion. In other cases, the issue presented is a pure question of law and the appellate court does not defer to the trial court. Therefore, the skill set of a civil appeals lawyer is much different than that of a trial lawyer. As a result, you need an attorney who regularly has handled civil appeals.
What Appealable Issues Do You See in My Case?
You can ask the civil appeals lawyer to identify the issues in your case that they would pursue if handling an appeal on your behalf. If there are issues you believe are appealable, but the attorney would not pursue them, you should ask for an explanation from the attorney. Likewise, if the attorney raises issues you did not previously consider appealing, you should understand the reasoning behind doing so. Finally, you and the attorney must agree upon a strategy for your appeal and the most important issues to pursue in any appeal you file.
What is My Likelihood of Winning on Appeal?
Appeals can be very challenging, and the success rate is relatively low. Getting an appellate court to overturn a trial court is an uphill battle and the presumptions and inferences are against you. A competent civil appeals lawyer will know the standard of review that the appellate court will apply to the issues in your case and will let you know how likely it is that you might prevail on appeal.
How Often Will a Civil Appeals Lawyer Communicate with Me?
An appellate lawyer should be able to clearly describe what contact you will have throughout the trajectory of your appeal. An appeal is a lengthy process, and you may wait months after final submission to receive a decision from the appellate court. Therefore, you should ask how often you expect to hear from the attorney, whether you will receive copies of all documents filed with the court, and how frequently you will receive periodic updates on the status of your case.
We Are Here to Help with Your Civil Appeal
At Evans Kingsbury, LLP, a civil appeal attorney stands ready to pursue your case on appeal. We have the skills and experience to achieve positive results for our clients in appellate cases. Our attorneys will listen to your concerns, answer your questions, and represent your interests throughout the appellate process. You can set up a time to speak with us about your civil appeal by calling (707) 596-6090 or contacting us online today.