Analyzing an Appeal: From the Client's Perspective

An attorney, particularly an appellate practitioner, is the best person to analyze the merits of an appeal. At NRG, we have experienced attorneys to assist you.

However, the pursuit of most appeals are often, if not most times, decided by the client. That often places a client in a difficult position. That is, how does a client know if he or she has a meritorious, winnable appeal? This is a difficult question to answer, but it is one that can be answered with proper consultation. In order for a client to understand and decide whether they have a legitimate appeal, they should, with the assistance of a lawyer, resolve the following questions:

Judicial Error. This term is a legal term, but in layman’s terms it should be applied in the following way: Did the judge fail to understand an important issue? If you answer this question with a yes, you may have an appealable issue. The problem is how can a person, not trained in the law, comprehend if a judge failed to understand an important issue in your case? Well, simply ask yourself was the judge’s decision fair or reasonable? If it strikes you as unfair or unjustified, you may have a legitimate appeal on your hands.

Attorney Failings. Most appeals are often analyzed whether the court created a prejudicial error that may be the basis for an appeal. But, many appeals should come under a far different analysis. That is, did your attorney fail to persuasively argue a critical issue in your case? If you answer this with a yes, once again, you may have a strong case for an appeal. Why? Many attorneys address the appropriate arguments in the lower courts, but simply addressing the issue is often not enough. They must vigorously and passionately argue on behalf of your case. If they did not, perhaps you should seek a second chance on an appeal.

If you believe judicial error or your attorney failing you occurred in the lower courts, perhaps you should consider the pursuit of an appeal to the higher courts. The higher courts may render a far different verdict. However, you should answer one final question before considering an appeal, that is: Do you have the will for an appeal? In short, can you deal with the costs, time and personal drive that is required for any successful appeal? If you can, then perhaps you should be preparing for your appeal. If you cannot, simply lick your wounds, and move on. A successful appeal, even more so than legal skill or strategy, requires strong determination. You must have a forceful, determined spirit to be successful on an appeal.

Our philosophy is simple -- we believe in providing our clients with practical and efficient solutions to their legal concerns. “Going one-step further” to effectuate that goal is expected by our clients, and required of our attorneys and support staff.