Facing a legal decision in the business world can cause a ton of stress and anxiety for business leaders. The stakes are often high in these scenarios, and the outcome of the decisions can leave either a positive or negative lasting impact on the company’s future. When the court makes an unfavorable decision that you believe should be reversed, a business appeal offers an opportunity to have the motion reconsidered. A Dallas business appeals lawyer can start the process for you.
At Yocom Rine P.C., we have spent years working on business appeal decisions. This has provided us with a deep understanding of the appellate system and what strategies have the largest impact on our clients. Our team of business appeals lawyers brings lots of experience to the table to help analyze trial records, identify errors made in the previous decision, and help craft a compelling argument to convince the appellate court to reverse the original verdict.
To win a Dallas business appeals case, you will need to better understand appellate law, hire legal resources, and take a deeper look into the reasons why the initial decision did not go in your favor. Here are some key steps to help increase your chances of winning the second time around:
One of the most influential decisions you can make to win your Dallas appeals case is to hire the right legal representation. You want someone who has direct experience in this discipline. While most trial lawyers focus on presenting evidence, an appellate lawyer knows how to concentrate on identifying and articulating legal errors. For example, this could be a misinterpretation of Texas law that influenced the final verdict or a procedural misstep.
The appellate process differs from a traditional trial in the fact that it is based entirely on the “record” from the lower court. On this record, information, including witness testimonies, motions, objections, and details on the final ruling by the judge, will all be available to analyze. It’s important to take a deep dive into this record because the court will not be taking any new evidence into consideration. Rather, they focus on finding why a bad call may have been made.
The point of an appeal is not to re-argue specific facts of the case but rather help to explain how the trial court made certain errors that impacted the merit of the final verdict. There are many different reasons why an error could have occurred. For example, a specific law could have been misinterpreted, or the jury was provided improper instructions. To successfully make an appeal, your lawyer needs to demonstrate that without the legal error, the outcome would have changed.
The heart of any appeal in Dallas, TX is a written brief. This is the primary document that the appellate judges will use to review. It’s the main opportunity you have to persuade them that a legal error occurred and that they should reverse the decision made. The brief should be thoroughly researched, organized, and written in clear, plain language. The point is to not just list legal errors but weave them into a narrative that shows how they impacted the case.
If the court decides to grant an oral argument, it gives you and your attorney an opportunity to directly engage with the judge to further clarify your position. This oral argument should not just rehash the written brief but rather provide a chance to address any outstanding questions or concerns that the judge has. Judges will often ask pointed questions, so you want to spend time with your attorney to prepare for anything they may ask.
The cost to file an official appeal in Texas varies based on how complicated the original case was and what specific legal services are needed. Based on the specific request, the original fee can be anywhere within the few hundred-dollar range. Additionally, the more experienced your appellate lawyer is in this space, the more of a premium they may charge. This could be a worthwhile investment if the quality of this representation reverses the original decision.
Appellate practice is a specific legal discipline that focuses on handling appeals directly in Texas court. While trial attorneys present evidence and arguments to a judge and jury, appellate lawyers spend time reviewing a trial’s court record and identifying what set of legal errors could have caused the judge and jury to make an inaccurate final decision. The goal is not to retry the case all over again but rather persuade the court to reverse or modify the original decision.
Winning an appeal could be difficult, depending on the details of your case. Appellate courts respect and trust the lower courts that make these original decisions. They never assume decisions were made in bad faith but rather look for instances where genuine legal mistakes were made. The clearer the legal mistake is without introducing more evidence, the higher the chance the plaintiff or defendant has of having the original decision reversed.
The chances of winning an appeal in Dallas, TX, vary depending on the specifics of the case, how severe the alleged legal errors made were, and the quality of the original trial record. No one should enter the appeals process feeling hopeless, but they should feel the pressure to present a strong case with their attorney that clearly states the legal errors made and their influence on the original verdict. Consult with your appellate lawyer to assess your chances of a win.
While the idea of returning back to court and trying to have an original decision reversed can be daunting, the process can be made much easier by having the right legal team by your site. At Yocom Rine P.C., our Dallas business appeals lawyers know how to provide strategic direction and achieve quality results for our clients. Contact us today to learn more about our process and what strategies we feel will work in your case.