While most civil trials start with the intention of a successful recovery, sometimes defeat occurs. For defendants and plaintiffs in civil cases, having a jury or judge rule against them can be a real disappointment. However, the appeals process provides another legal avenue, but it can be difficult to decide whether to keep the same Trial Lawyer in Hollywood FL for the appeal.
Appeal and Trial are Different
Appeals are different from an initial trial because they involve different procedures and processes as well as requiring different skills from the attorney. During a trial, parties collect evidence, question witnesses, and seek to prevail based on the claim’s merits. During appeals, the lawyer argues that trial errors warrant another hearing.
Some Trial Attorneys Don’t Take Appeals
Because appeals and trials are different, many attorneys focus on one or the other. If the case would be the lawyer’s first appeal or the lawyer doesn’t regularly handle appeals, there’s a high chance the client would be better served by an appellate lawyer.
Appeals Involve Questioning Trial Representation
As mentioned previously, during appeals, the defendant asserts that trial errors resulted in an unfair outcome. Even if a trial lawyer admits to making mistakes, they won’t be able to represent the client in arguing that the mistakes warrant a retrial or reversal.
Appellate Lawyers Offer a Different Perspective
Even without the issues of appellate knowledge or ineffective representation, hiring a new lawyer can give the client a new perspective on the case. All attorneys have their own tendencies, and after months of focus on a particular set of facts, it is easy to gain tunnel vision. An appellate attorney with the Law Offices of McCullough & Leboff P.A. can spot new facts to argue during appeals.
Needing to Appeal Again
When a verdict is appealed, it is taken to the intermediate court. If the appeal is lost, it can go to a higher appellate review level. At this point, it is important to hire a lawyer with knowledge of the appellate process who has a history of success. In some cases, though, it can be sensible to stick with the same lawyer. For help and representation, call a Trial Lawyer in Hollywood FL today.