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Appeals FAQ, the Q & A
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Your contact with this firm reflects your understanding and agreement with these statements.
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© 2007-12 Easley Appellate Practice, P.L.L.C. (Since 1994) All rights reserved.
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Litigants often are emotionally drained after a trial or litigation and want to appeal a losing decision or an unsatisfactory judgment or sentence. But before spending more money or time or both, a vital decision needs to be made first: whether there is a potential appealable or defendable issue. Trial lawyers have to know how to do a lot of things and how to do them quickly. But just as appellate experts are not expert trial lawyers, trial lawyers are not appellate experts. Appeal experts are trained and experienced to answer those questions and address those concerns.
Before raising any issue on appeal, the record must show that (1) the issue was correctly presented to the trial court and (2) the trial court refused the requested relief. If trial counsel did not have an appellate lawyer involved at the trial level, it is possible that issues were not raised or properly objected to for later raising them in the court of appeals.
So, to see whether issues were correctly preserved for appellate review and, therefore, whether you have a potential issue worth appealing or an issue worth defending, it's a good idea to consult with an appellate lawyer to help you answer general appeal questions.
If you desire case analysis, we provide case analysis of your case for a minimal fee, which we will credit to your appeal retainer, if our review and research reflect that we can help you in prosecuting or defending your appeal. If issues that you want to raise or defend on appeal were the wrong issues or were not preserved for appellate review, we can honestly give our opinion, suggest a second opinion, and potentially save you thousands of dollars you might otherwise spend on an appeal with no appealable issues.
