Appellate advocacy is not only about addressing another phase in a lawsuit’s life. In fact, it starts long before the notice of appeal is filed. Including an appellate perspective while a case is pending in the trial court has been an important part of Lowe Stein, LLC’s litigation success.
Because Lowe Stein, LLC’s lawyers focus on both trial and appellate advocacy, we craft pretrial motions, jury instructions, and post-trial motions to identify and analyze issues most likely to arise on appeal. We develop strategies for preserving these issues, generating a record in the trial court that will most effectively support the client’s position in the event of an appeal.
Our New Orleans appellate attorneys can help you appeal a case related to:
Lowe Stein, LLC's New Orleans appeals lawyers have aggressively represented individuals and businesses at all levels of state and federal appellate courts throughout the country for more than 40 years. When litigation is necessary, our goal is to prevail in the trial court.
An appeal is essentially the opportunity for you to request a second ruling on your case if you are unhappy with the current ruling. Appeals can be made in a number of different areas of law and can be based on different criteria. Once an appeal has been made, the higher court will review your request and decide whether or not it qualifies to receive a new ruling. If your request for appeal is approved then a panel of judges will review your case and provide their own ruling based on the same evidence that was presented in your initial trial.
When Can An Appeal Be Filed?
Appeals may be filed under the following circumstances:
- If you believe the judge made an error in interpreting or applying the law to your specific case
- If you believe that the decision that was made was not supported by the evidence presented in the case
- If you believe that evidence was improperly withheld or excluded in court to the detriment of your case
- If you feel that your attorney did not provide you with effective counsel leading up to and during your trial
- If you believe that the judge abused their power and handed down a biased or unfair ruling
If any of the above situations apply you may be able to get a second ruling on your case.
Unsure if you are able to file an appeal for your lawsuit? Call the team at Lowe, Stein, Hoffman, Allweiss & Hauver today to discuss your situation.
What Happens After You Win An Appeal?
If you win your appeal then your case will be resolved based on the new ruling handed down by the appellate court that reviewed your case.
What Happens If You Lose An Appeal?
If you lose your appeal you have the option to pursue another appeal in a higher court, but in most cases these appeals will only be reviewed if they deal with a matter of law that is currently unsettled. If you opt not to pursue further appeal, you will have to accept the initial ruling that was handed down.
How Do I File An Appeal in Louisiana?
The best way to pursue filing an appeal is to contact a trained appellate attorney. A Louisiana appeals attorney can review your case and draft an appellate brief on your behalf in which they detail how they believe the judge incorrectly applied the law in your case. Your attorney will also provide evidence and cite relevant case law to support this.
How Long Does An Appeal Take in Louisiana?
The timeframe in which an appeal will be reviewed depends on the type of appeal you are filing. The best way to determine how long your appeal will take to be resolved is by speaking with your appellate attorney in New Orleans.
You can also read more about the appeals process here.