appellate lawyer montreal
Appellate Lawyer Services in Montreal
Appellate Prosecutor
Do you need to appeal a court decision? Contact an attorney specializing in appellate law at the law firm Sabbagh & Associé Inc.
No matter how much trust we place in our judicial system, to err is human—and judges and jurors are no exception. That said, the last thing we want is for one of the parties to suffer the consequences of an error in the interpretation of the law. That is why the appeals process exists. It is a safeguard designed to protect people from wrongful judicial decisions.
If you and your attorney believe that you have been wrongfully affected by a recent court decision, you have the right to appeal that decision. The appeals process is time-consuming and requires a significant investment, but your rights as a citizen must be protected.
Before filing an appeal, it is of the utmost importance to ensure you have the best possible representation. After all, this may be your one and only chance to seek redress for a decision you believe to be wrong. You can always retain the services of the attorney who represented you in the original trial, but that isn’t always the wisest course of action. You’d be better off hiring an attorney who specializes in appeals—an appellate attorney. Here are more details on the subject.
What is meant by “appeals lawyer”?
The role of an appellate attorney is to represent clients in the appeals process. This process involves challenging a judgment rendered at the trial court level and asking an appellate court to review the decision to determine whether the law was applied fairly in the decision-making process.
In most cases, it is best to retain the services of an experienced appellate attorney. Why? Quite simply, because this type of attorney specializes in the appeals process. The difference between a trial attorney and an appellate attorney is very clear, which is why specialization is necessary. Trial attorneys defend their clients’ cases in court. If errors were made during the trial, it is the trial attorney’s responsibility to file an explicit objection regarding a specific aspect of the judge’s ruling. This objection is necessary for a future appeal.
Once the trial is over, an appellate attorney will be able to review the trial attorney’s preliminary objection. The appellate attorney will then be able to determine whether the judge or even the jury made an error. If so, the appellate attorney will recommend that the client proceed with the appeal.
The appeals process has nothing to do with re-examining a case. Prosecutors on appeal focus solely on errors made during the trial—errors that could have influenced the judge or jury to reach the wrong decision. If they succeed in getting an appellate judge to agree with their arguments, that judge may overturn the original decision in accordance with the law. If a plaintiff wishes to challenge an overturned decision, they are also free to file another complaint.
What services does an appellate attorney provide?
Attorneys who specialize in appellate proceedings operate under circumstances that are very different from those of trial attorneys. While trial attorneys have time to prepare their cases and question witnesses, appellate attorneys focus solely on the law. They generally have little time to present the grounds for their appeal and do not have the opportunity to question witnesses. Appellate attorneys deal directly with the appellate judge.
The job of an appellate attorney is to convince the appellate judge that an error was made during the original trial. Here is a brief overview of some of the responsibilities an appellate attorney has when he or she decides to work with a client:
• Evaluate the grounds for the appeal
• Prepare motions following the trial
• Prepare or respond to motions filed by other counsel
• Monitor the progress of the appeal proceedings
• Prepare and present oral arguments before the court of appeals
• Conduct research on complex legal issues and prior case law
• Represent clients’ interests to the best of one’s ability
The Crucial Role of an Appellate Attorney
It is of the utmost importance that you understand why hiring an appellate attorney is the best thing you can do.
First of all, you have only one chance to appeal a decision made in a trial court. That said, from a procedural standpoint, there is no room for error. Lawyers who specialize in appellate proceedings know the process inside and out. Furthermore, they know how to interpret the law to identify errors and how to present that information to an appellate judge. They are also less likely to make procedural errors or miss deadlines.
Second, it is always recommended to hire a different attorney for the appeal process. This attorney will not be emotionally attached to the original trial, which will allow them to approach the task at hand with greater objectivity. Free from bias, they will also be able to assess the merits of your appeal and provide you with sound advice.
Ultimately, you simply deserve the best possible representation. If you have access to an attorney who specializes in a particular field, that will almost always be your best option. When you have to go to trial, you want to work with a trial lawyer. When it comes to filing an appeal, you need a representative who knows and understands the country’s procedural laws.
À une époque où les tribunaux sont touchés par de nombreux litiges, les juges et les jurés sont susceptibles de faire des erreurs. Au sein de notre cabinet, nous avons comme mandat d’accueillir des clients comme vous qui pourraient être admissibles à une demande d’appel. Voilà pourquoi nous nous dévouons cœur et âme à vous venir en aide tout au long du processus d’appel.
Our Civil Law Experts
Sabbagh & Associé Inc. has been firmly established in Montreal since 1987. With an international outlook, the firm focuses primarily on litigation, civil law, real estate law, and commercial law. International cases have increased significantly over the years, enabling the firm to develop a broad perspective and in-depth expertise in civil law and appellate court proceedings in Quebec.
M. Paul Sabbagh
Me Yasmina Boukossa
Me Bilal Smaali
Kendra Magne
ANALYSIS OF YOUR PROBLEMS
We listen carefully to the nature of your problems
EXPERT ADVICE
We give you tailored advice
PROTECT YOUR RIGHTS
We will fight to defend your rights