Appeals lawyer Montreal
No matter how strong we believe our judicial system is, judges and juries do make mistakes. The last thing anyone wants is for any party to sufferer the consequences of a mistake that was made in the interpretation of the law. That is exactly why the appeal process exists. There has to be a potential remedy in place to protect people from judicial decisions that are wrongly made.
If you and your trial attorney feel you have been wrongly victimized by a recent judicial decision, you do have a right to appeal that decision. It will take a bit of time and effort to get through the appeal process, but your rights as a citizen must be protected.
As you contemplate going through the appeal process, you will need to think about securing the best possible representation you can get. After all, this could be your one and only opportunity to try to correct what you believe was a wrong decision. You do have the option of enlisting the services of the same attorney who represented you in the original trial case. However, that is not always a prudent decision. You might be better served to hire an appellate lawyer. Let’s discuss that further.
What is an Appellate Lawyer?
It is the job of an appeals lawyer to represent clients in the appeal process. The appeal process encompasses taking a lower court decision and asking an appellate court of appeal to review the ruling and determine whether or not the law was applied fairly in the decision process.
In a lot of appeal cases, an experienced appeals lawyer would be preferable. Why? They typically specialize in the appellate process. The difference between what a trial attorney and the appellate attorney does is quite clear, hence the need for specialization. Trial attorneys litigate cases. If mistakes were made during the trial, it is the responsibility of the trial attorney to file a very specific objection to some aspect of a judge’s ruling. That objection is necessary for a future appeal.
After the original trial has been settled, a good appeals attorney will be able to review the trial attorney’s prior objection. They will then be able to determine whether or not they believe the judge or even jury made an error. If they believe that to be the case, they will recommend to a specific client that they go forward with the appeal process.
The appeal process has nothing to do with relitigating a case. Appellate lawyers have a solitary focus, addressing errors that were made during the trial that might have led the judge or jury to decide the case wrongly. If they are able to get an appellate judge to agree with their assessment, the appellate judge can reverse the original ruling based on the law. Should a plaintiff want to try to relitigate a reversed decision, they are free to file another case.
What Do Appellate Attorneys Provide?
Lawyers who specialize in the appeal process operate under very different circumstances than those under which a trial attorney has to operate. While trial attorneys get time to prepare their cases and question witnesses, the appeals attorney has to focus on the law. They usually have little time to present the basis for their appeal and have no access to question witnesses. Ultimately, they will be dealing mano y mano with the appellate judge.
Their job is to convince the appellate judge that an error was indeed made in the original trial. Without getting too far into the details, here are some of the responsibilities an appeals attorney has when they decide to consider taking on a client:
• Assessing the grounds for appeal
• Preparation of Post-trial motions
• Preparing or responding to motions presented by other representatives
• Monitoring the progress of the appeal process
• Preparing and presenting oral arguments for the benefit of the appellate court
• Research of complex legal issues and prior case law
• Representing clientele interests to the best of their ability at all times
Why an Appeals Lawyer is Your Best Appeals Option
We feel it’s important that you understand why hiring an appellate lawyer to handle your appeal is the right thing to do.
First, you only get one chance to appeal a lower court’s decision. You can’t afford for anything to go wrong procedurally. Attorneys who specialize in the appeals process are well versed in the process itself. They understand the use of the law to identify errors, and they know how to present that information to an appellate judge. They are also less likely to make procedural errors or miss filing deadlines.
Second, it’s always valuable to hire a fresh attorney to handle the appeal. They won’t be emotionally tied to the original trial, which gives them the basis to be more objective about the task at hand. Without prejudice, they should be able to assess the strength of an appeal and make appropriate recommendations to you as the client.
Finally, you deserve the best representation possible. If you have access to an attorney who specializes in a particular area, that’s almost always going to be your best option. When you go to trial, you want a litigator. When it’s time for an appeal, you want a representative who understands the procedural laws of the land.
At a time when the courts are impacted by much litigation, judges and juries will make mistakes. With our firm, we are ready to embrace clients like you who might have the basis for an appeal. That is why we are fully engaged in helping clients with the appeal process.
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