Whether we represent the potential appellant or appellee, we avoid appeals by working with trial courts and opposing counsel to correct errors and find solutions that work.
Do you know what the first goal of a good appellate attorney should be? Avoiding the necessity of an appeal altogether! Great appellate attorneys do this by:
Working with the trial court. Trial judges want to get it right. But listening to evidence at trial can be like drinking water through a fire hose. And let’s face it, as lawyers we can often present that evidence poorly, or in a confusing way. No one can get it right 100% of the time.
A well-written and well-reasoned motion to reconsider (if an order hasn’t yet been entered), or motion to new trial (if an order has been entered) can prevent a long and painful appeal for both parties.
Working with the opposing party. Neither party wants an appeal, and believe it or not, good lawyers know when they’ve won in a way that won’t hold up on appeal. Although negotiating away or voluntarily lessening a “win” is no trial lawyer’s favorite thing to do, it is often the smart thing to do for their client. Thus, a great and well-rounded appellate lawyer must be adept at communicating and negotiating with the other side.
We’ve been highly successful at working with trial courts and opposing parties in a way that avoids appeals altogether. We do this by either helping trial courts correct errors in their judgments or by negotiating changes to judgments that clients can live with.
If you’ve recently received an adverse ruling and that you feel was erroneous, we’d love to talk to you. Give us a call to set up a consultation.