You Just Lost, What's Next?
You Just Lost, What’s Next?
You just lost your case. You feel that an appeal is in order. What is a person to do? Well, the first thing that needs to be done is that you have to file a notice of appeal. In most jurisdictions, if not all, a notice of appeal initiates the appellate process. You also should know that you’re in a time crunch. That is, most courts require that a notice of appeal be filed within 30 days of your final judgment or order.
The filing of a notice of appeal isn’t a hard thing to do, but initiating an appeal often becomes a stressful, bewildering experience for many litigants. Why? Well there are several reasons. First, most trial attorneys have no interest in pursuing an appeal- that is perfectly fine. However, many trial attorneys fail to notify their client of their appellate rights until a few days remain to file a notice of appeal, and quite frankly, that is not right. Trial attorneys should notify their clients of their appellate rights immediately, and also offer to file a notice of appeal on their client’s behalf.
The second problem that clients run into is that they contact an appellate attorney with little or almost no time to review the potential appeal. That is, with a few days remaining to file the notice of appeal. Many appellate attorneys will not take on an appeal under such time constraining circumstances. Indeed, one should never hire an appeals attorney who immediately agrees to take on an appeal or takes on an appeal with little or no analysis of the case. Any decent appellate attorney will want to review the case before agreeing to take on an appeal.
The third problem that clients run into is themselves. After losing an appeal, people generally bemoan their fate and do the worst thing possible- they do nothing! People who do nothing get nothing. If you want a chance to overturn an unfair verdict or judgment, then you need actively pursue your appeal.
Ok, so you just lost, what should you do? I would suggest that you file your notice of appeal on your own. Simply go down to the clerk’s office, and generally speaking, most clerks will guide you through on how to file a notice of appeal. This allows you to preserve your appellate rights, and gives you the time to select an appellate attorney in a deliberate, purposeful manner. If you are unable to find an appellate attorney, then you always have the right to withdraw your appeal. However, its far better to keep appellate fate in your own hands and that is why the filing of a notice of appeal is so important. So in essence, file your notice of appeal, and then start looking for an appellate attorney.
Written by John V. Siskopoulos, Esq. Mr. Siskopoulos handles civil and criminal appeals, and may be reached at 800-971-5515 or at jvs@maappeals.com Copyright by John V. Siskopoulos, P.C.
You just lost your case. You feel that an appeal is in order. What is a person to do? Well, the first thing that needs to be done is that you have to file a notice of appeal. In most jurisdictions, if not all, a notice of appeal initiates the appellate process. You also should know that you’re in a time crunch. That is, most courts require that a notice of appeal be filed within 30 days of your final judgment or order.
The filing of a notice of appeal isn’t a hard thing to do, but initiating an appeal often becomes a stressful, bewildering experience for many litigants. Why? Well there are several reasons. First, most trial attorneys have no interest in pursuing an appeal- that is perfectly fine. However, many trial attorneys fail to notify their client of their appellate rights until a few days remain to file a notice of appeal, and quite frankly, that is not right. Trial attorneys should notify their clients of their appellate rights immediately, and also offer to file a notice of appeal on their client’s behalf.
The second problem that clients run into is that they contact an appellate attorney with little or almost no time to review the potential appeal. That is, with a few days remaining to file the notice of appeal. Many appellate attorneys will not take on an appeal under such time constraining circumstances. Indeed, one should never hire an appeals attorney who immediately agrees to take on an appeal or takes on an appeal with little or no analysis of the case. Any decent appellate attorney will want to review the case before agreeing to take on an appeal.
The third problem that clients run into is themselves. After losing an appeal, people generally bemoan their fate and do the worst thing possible- they do nothing! People who do nothing get nothing. If you want a chance to overturn an unfair verdict or judgment, then you need actively pursue your appeal.
Ok, so you just lost, what should you do? I would suggest that you file your notice of appeal on your own. Simply go down to the clerk’s office, and generally speaking, most clerks will guide you through on how to file a notice of appeal. This allows you to preserve your appellate rights, and gives you the time to select an appellate attorney in a deliberate, purposeful manner. If you are unable to find an appellate attorney, then you always have the right to withdraw your appeal. However, its far better to keep appellate fate in your own hands and that is why the filing of a notice of appeal is so important. So in essence, file your notice of appeal, and then start looking for an appellate attorney.
Written by John V. Siskopoulos, Esq. Mr. Siskopoulos handles civil and criminal appeals, and may be reached at 800-971-5515 or at jvs@maappeals.com Copyright by John V. Siskopoulos, P.C.
