Experienced Oakland County Appellate Attorney
Dedicated Oakland County MI Appellate Attorney Fights to Protect Your Rights
When you have received a guilty verdict in a criminal case or had an unfavorable outcome in a civil or administrative case, you may think that you have lost and the process is over. However, many cases can be appealed and the judgment may be overturned. An experienced Oakland County MI appellate attorney can discuss the specifics of your case with you and whether an appeal is appropriate in your particular case.
How Is Appellate Law Different Than Trial Law?
Trial law focuses on the presentation of legal arguments, evidence and testimony during the trial process. Your lawyer advocates for your position in court. You might testify and other witnesses often testify in the case. The judge or jury renders a final verdict.
Appellate law is concentrated on whether any mistakes were made during the trial process and whether these mistakes resulted in an unjust outcome. You may play little part in this aspect of the case. Your lawyer largely advocates for your position by preparing briefs to the appellate court, which consists of one or more judges who review the formal record of your case and the arguments from your lawyer and the opponent. The appellate court can affirm the decision, remand the case to the lower court or overrule the decision.
Some arguments that an Oakland County Michigan appellate attorney may make in your case include:
- The judge gave the jury the wrong instructions, resulting in the wrong outcome
- The judge granted a summary judgment based on insufficient evidence
- The court did not have proper jurisdiction of the case or the right to hear the case
- The jury verdict was too low or excessive to be fair
- The judge made an error in the law which harmed your position at trial
- The judge made an error regarding the admission or exclusion of evidence
- The judge did not follow the proper civil or criminal procedure
How Do You Know You Need the Support of an Oakland County Michigan Appellate Attorney?
Many people make the mistake of thinking an appeal is filed when you are unhappy with the outcome of a case. Appellate attorneys do not deal with unappealing verdicts. Instead, they look at the legal process used to arrive at that verdict and determine if it was just.
A great deal of an appellate attorney’s time is spent reviewing the record. These are the court documents that contain the pleadings, which are the plaintiff’s complaint and defendant’s answer, the pre-trial motions, the transcript of the trial, the exhibits submitted as evidence, any post-trial motions, and any discussion with the judge that took place on the record.
Why might you decide to hire an appellate attorney?
Appellate cases often arise from jury trials. In some cases, it is because the jury was given incorrect instructions and based their decision on the mistake.
There might also be problems with the court in which the trial was heard. If a court does not have jurisdiction over a case there might be grounds to retry it.
There might also be problems with the verdict if it is too low or too high. Extreme verdicts tend to trigger appeals for both plaintiffs and defendants.
Additionally, an action of the judge could be cause for the filing of an appeal. If a judge makes an error in the law or an error regarding the admission or exclusion of evidence, it could warrant an appeal. The same is true if the judge did not follow procedure.
A great deal of what an appellate attorney does focuses on process. When there is a mistake in the process of the trial, it can be grounds for an appeal.
How Can an Appellate Attorney Help You?
An appellate attorney will assist you in filing your appeal. The process can be complicated and it requires a keen understanding of the legal process.
An appellate attorney’s main task is to persuade the court via a written appellate brief that there was an error in the trial. The brief argues that the trial judge incorrectly applied the law in one of the above-listed manners. The opposing party will argue that the judge’s decision was the correct one.
Appeal are considered more scholarly than trial. In a trial, the litigator must be an active strategist and take action in the courtroom. This includes calling witnesses, cross-examining the opposing witnesses, and making motions or objections.
An appellate lawyer, on the other hand, builds his case in the brief. An appeal usually has a short oral argument, but this time is often filled with questions from the judges for the attorney, all of which were prompted by the briefs.
Why Hire Howard Lederman for Your Appeal
Mr. Lederman is a knowledgeable and experienced Oakland County MI appellate lawyer who focuses primarily on appellate practice and legal writing. Due to his in-depth understanding and vast experience in the appellate law arena, he is constantly contacted by other lawyers for help with their cases. He has represented individuals, corporations and nonprofit organizations.
His detailed legal writing allows him to support his clients’ positions effectively, even under tight deadlines. His firm has more than 30 years of appellate experience in the U.S. Sixth Circuit Court of Appeals and Michigan appellate courts.
Contact Lederman Law for a Free Consultation
If you would like straightforward legal advice and guidance, contact experienced Oakland County MI appellate lawyer Howard Lederman. He and the rest of the team at Lederman Law can discuss the specifics of your case during a free consultation and advise you on your legal options and next steps. Call (248) 639-4696 or contact us online to get started.