Losing a legal case or receiving an undesirable decision can be devastating, particularly if you have already invested significant time and resources into the issue. However, in some cases, it may be worth considering an appeal. A high-quality appeals lawyer may be able to help you get a legal decision reversed in full or in part. However, there are several things you should consider before hiring an appellate attorney.
An appeal lawyer helps clients who have previously lost a legal case in the trial court. These lawyers ask a higher court, called the appellate court, to review the unfavorable decision made by the trial court. The appellate court can determine whether the lower court correctly applied the law in your case.
If the appellate court dismisses the appeal or decides the lower court correctly applied the law, it will affirm the case, and the lower court's decision stands. However, suppose the appellate court decides the lower court incorrectly applied the law. In that case, the legal decision may be reversed entirely or partially, or they may reverse and remand the case back to the lower court for more proceedings.
The appellate court can come to one of several decisions:
For an appellate court to find that a trial judge was wrong on the appealed issue means the judge either misapplied the law or failed to have adequate evidence to support the lower court's decision.
When you need an appeals lawyer, quality is key. Most appeals decisions are final and binding on the lower courts, so there is little room for error. Federal appeals courts handle over 50,000 cases per year. No more than ten percent of these cases are appealed to the U.S. Supreme Court, and of those, the Court hears less than 100 cases per year.
When you make a legal appeal, it's best to get it right. A top-quality, seasoned appeals lawyer can make all the difference in your case. Here are five things to consider when hiring an attorney for the appeals process:
Appellate practice is different than trial law. It takes more than a few cases to become a polished appeals lawyer. Another issue is whether the appellate attorney has ever handled cases that are similar to yours. It is essential for your appeals lawyer to be familiar with the issues surrounding your case to ensure the proper issues are identified and addressed eloquently. Even better is if your appeals lawyer has won cases involving similar issues.
Most appeals are not successful. So even the best appellate lawyer will lose appeals. However, it is important to analyze the type of cases the lawyer has handled on appea.
You may wish to appeal a lower court's decision for many reasons. Some of these grounds for appeal may include:
There are several deadlines associated with the appeals process. In Illinois courts, you must file your Notice of Appeal within 30 days of a final order by the circuit court. However, some cases may have an even shorter deadline. Due to these strict deadlines, it is crucial to hire an appeals attorney as soon as possible.
Legal fees are rarely low, and the cost of making a legal appeal is no different. Multiple fees will be charged throughout the process, from the filing fee to transcripts and docketing statements. Of course, most of your appeal costs will go toward legal fees. For this reason, it is essential to carefully assess the value of your case and appropriately balance that against the cost of an excellent appeals lawyer.
There are two types of appeals your attorney can enter. Appeals are either discretionary or "as of right."
Your appeals attorney will assess the appeals options for your case and discuss the options with you. Some cases may only have one viable appeal option.
You may seek an appellate lawyer for many reasons, from denied insurance claims to contract disputes. When you need a skilled and experienced appellant attorney to handle your business disputes, the esteemed lawyers at King and Jones can assess your case and explain the appeals process. We understand how to handle the most complex appeals and will fight for your appeal. Contact King & Jones today to learn how we have successfully won appeals for clients over the past 30 years.