Losing a case, whether civil or criminal, can be highly demoralizing. After spending significant money and time, the prospect of losing is too hard to bear. Fortunately, most parties can appeal their cases with a higher court. However, getting a judge to grant an appeal is another matter. The side seeking an appeal must successfully demonstrate that there is an error in the original judgment.
Here are key points you need to know to increase your chances of winning an appeal.
Preparing for appeal right at the outset
Trial lawyers generally have different training and experience from attorneys specializing in appeal cases. While the former is busy arguing the facts of the case to win it, an appellate lawyer anticipates errors and tries to preserve them in the record.
Having an appellate lawyer on the team right at the beginning of the trial can increase your chances of getting and winning an appeal if needed. A counsel experienced in appealing cases to court would also do.
Who can file an appeal?
Either side can appeal in a civil case, while only the defendant may appeal in a criminal case. The government can only appeal the sentence, not the guilty verdict.
The odds of decision reversals are particularly low—about one in four in civil cases. However, those numbers skew to the lower end because 28% of those dismissed were often due to procedural flaws. Some examples of these flaws are failure to preserve the error in the record or filing the appeal at the wrong time. This is why anticipating an appeal at the outset is so important.
Do low success rates mean an appeal is a waste of time?
No. Anticipating and preparing your next move in case of a loss will help you increase your chances of getting an appeal granted and winning it. Filing an appeal is a process that begins from the start of a trial and beyond it. Seeking legal counsel experienced in both trial and appeals can improve your chances of getting favorable results for your case.
