Many business leaders know how a single decision can impact the entire future of their organization. The same applies in the legal world, where one final verdict that was rooted in error could unfairly jeopardize the health of a business. When this happens, both a plaintiff and defendant have the right to have the decision reconsidered in appeals court. Hiring a Mount Vernon business appeals lawyer can help guide you through this process.
At Yocom Rine P.C., we know what ingredients make up a strong business appeal. For years, we have helped clients just like you review what went wrong the first time around and strategize how we can re-win the case in appeals court. We know the negative impacts this can have on your business and personal reputation, which is why we take on each case as if it were our own business we were defending. Contact us today to learn how we can start the process together.
To maximize the odds of having the initial decision reversed, you need to better understand the details of appellate law and hire quality legal representation. You need to dive deep into why the initial decision was made and what factor caused this to happen.
Some key steps to helping you in a business appeals case include:
The quality of your legal representation will have an impact on how efficiently you are able to secure the outcome you are looking for. You want to hire someone who has a track record of reversing similar decisions for other clients who have been in your shoes. Ensure your attorney will be focused on finding what went wrong in the first case and is able to persuasively articulate what legal errors were made to the appellate court.
The trial record from the lower court will be the most important document to understand as you advance this case to be considered for an appeal. As it’s being looked at again, the appellate court will review all of the original evidence presented. New evidence is not allowed to be presented at this time. Rather, the business appeals lawyer needs to highlight what legal errors exist in the original case and convince the court that it unfairly impacted the original outcome.
You and your attorney need to make the original legal errors as clear as possible. These errors must also have a direct link to the outcome that you believe was unfair and should be reversed. For example, if a specific law was misinterpreted, highlight that law for the appeals court to reacquaint themself with its details and see if it was truly misapplied in this case. If they agree that this legal error caused the wrong decision to be made, they will order a new outcome.
The written brief you present in the Illinois appeals court holds significant weight in achieving the outcome you are looking for. The appellate judges will use this written brief to guide their decision-making process. It’s in this brief where you want to persuade them to review all of the details that led up to the original final verdict. This brief should be thorough in explanation and make a clear case that if the law was correctly applied, a different outcome would have occurred.
Sometimes, the appeals court will give you an opportunity to verbalize your position in addition to providing the written brief. You want to make sure you just don’t regurgitate what is on the brief but make yourself available to explain your position in greater detail and answer any questions they still may have. Spend time with your attorney before this happens to ensure you are prepared to answer everything they may ask.
The length of time your appeals case might take in Illinois depends on many different factors, such as the level of complexity involved and how available the court’s schedule is. Once the appeal is filed, both parties are required to submit their written briefs. The court will then review these documents. If they need to, they will request oral arguments. The process might be extended if there are delays in filing, obtaining transcripts, or trying to schedule the oral arguments.
To officially file an appeal in the Illinois appellate court, you need to first submit a notice of appeal to the clerk of the trial court where the original judgment was issued. This has to be done within 30 days of the original verdict. Once this has been filed, you should order a transcript from your original trial and begin collaborating with your attorney to write the appellate brief. Once this is submitted, the court will review the case and make a decision.
The total cost of your appeal in Mt. Vernon, Illinois will depend on different key factors, such as how complicated your case is and what legal fees will be charged by your attorney. In addition to filing fees, there may be additional costs to request your trial transcript. The more your attorney works on your case, the more their fees will go up as well. While this is an extra investment, it could be worth the additional time and energy if the original decision is reversed.
The chances of successfully reversing a decision made in the lower courts through the appeals process will depend on your ability to prove a legal error occurred. It’s true that sometimes an appeal request is not granted, but this should not discourage anyone who rightfully feels they were wronged the first time around. Spend time with your attorney to make sure the legal errors are as clear as possible to maximize your chances of achieving a win.
If you are dissatisfied with how a specific business legal case went and would like to explore options to have the decision reversed, connect with the Mount Vernon business appeals lawyer of Yocom Rine P.C. as soon as you can. We have spent years working with business clients who are looking for a second chance to have a decision reviewed. Contact us today to identify the right strategies to highlight any legal errors and achieve the outcome you are looking for.