11 May Is it the Right Time to Appeal?
Have you ever been through a case and no matter what you did, the judge would not or could not see your position? Do you want to appeal the decision?
First you thought you just had a bad lawyer. Then it dawns on you after your case is over that your attorney was doing his or her best to work their magic, they had the expertise, they had integrity, and they were fighting for you – it just didn’t yield the outcome you were hoping for.
Does this sound like you? I encourage you to talk to an attorney to make sure you have a legal basis for appealing.
Where do I start?
The first thing to know about appeals is that you need to talk to an attorney, yesterday!
Not literally, but this is what I mean: If the case is decided on January 1st and you walk out of the courtroom knowing you can’t live with that decision. On January 2nd you need to talk to either your current attorney or another attorney who does appeals. The clock really is ticking if you are considering an appeal because you only have 30 days to appeal.
Although filing for an appeal does not take much time, you’ll be surprised how time can fly when you put the idea of the appeal aside because you think you have so much time. In the meantime, you’re distracted by obligations and responsibilities and you’re on day 28 and the one attorney you need is not available until another 5 days. You have lost your opportunity to file for an appeal.
Do you have a case for appeal?
Another thing to consider is that the attorney who handles your appeal needs to get familiar with your case if you retained a new attorney for your appeal.
It will take some time to get up to speed. Use that 30 day window to give busy attorneys as much time as possible to get up to speed and understand your case. You want to win, right?
Winning takes research and time to build the reasons to overturn the original decision. Only then can we work our magic and fight for the appellate court to make the right decision on case.
What qualifies for an appeal?
There are a few reasons you can file an appeal.
During your original case is if the judge relied on the wrong law, the judge did not apply the law or facts correctly, or did not use their discretion properly, you may have a strong case for an appeal.
Let’s win that appeal! Call for a consultation today!