When a trial concludes with an unfavorable verdict, the courtroom battle often doesn’t end there. For many trial attorneys, the verdict marks the beginning of a new phase: the appeals process. This phase is as strategic and demanding as the initial trial, often involving meticulous review of records, precise legal writing, and persuasive oral arguments. While the original decision might feel final, appellate courts exist to correct errors and ensure justice is fairly administered. We will explore how trial attorneys move forward after a difficult verdict, carefully navigating the legal terrain to seek reversal or a new trial when appropriate.
Steps Trial Attorneys Take to Challenge an Unfavorable Verdict
- Conducting a Thorough Review of the Trial Record
The first step any trial attorney takes following an unfavorable verdict is a comprehensive review of the trial record. This includes examining court transcripts, admitted evidence, jury instructions, and pretrial motions. The purpose is to identify any legal errors that may have influenced the outcome. These could range from misapplication of law and improper exclusion of evidence to procedural irregularities or judicial bias. The appellate court typically does not re-examine facts or consider new evidence; it only reviews whether legal mistakes were made that materially affected the case.
Therefore, a precise understanding of the record is essential. Marietta trial attorneys seek points where objections were raised and preserved for appeal, as appellate courts often disregard issues that were not raised during trial. In many cases, attorneys work alongside appellate counsel who can offer a fresh perspective, helping to spot the appealable problems that trial lawyers may have overlooked. This review lays the groundwork for the subsequent legal arguments.
- Filing Post-Trial Motions Before Appealing
Before taking a case to an appellate court, many trial attorneys first file post-trial motions in the trial court itself. Common motions include a Motion for Judgment Notwithstanding the Verdict (JNOV), a Motion for a New Trial, or a Motion to Amend the Judgment. These motions serve two purposes: they allow the trial judge to correct any errors and create a clearer record for the appellate court. For example, if an attorney believes the jury’s verdict was against the weight of the evidence or that legal standards were misapplied, a motion for a new trial may be appropriate.
These motions also preserve arguments for the appeal, which is crucial since appellate courts often refuse to consider new legal theories or objections not raised earlier. Successfully resolving issues at this stage may eliminate the need for a full appeal, saving time and resources for all involved. Even when denied, these motions strengthen the appellate argument and highlight areas of concern for review.
- Crafting a Persuasive Appellate Brief
Once the decision is made to appeal, the attorney’s focus shifts to drafting the appellate brief—the heart of any appeal. This written document outlines the legal issues, cites relevant statutes and case law, and argues why the trial court’s decision should be reversed or modified. Unlike at trial, the appeal is not about proving facts, but rather about showing that a legal mistake occurred and had a significant impact on the verdict. A well-written brief is concise yet detailed, logically structured, and tailored to the specific concerns of the appellate judges.
Trial attorneys often collaborate with appellate lawyers to ensure that the tone, format, and legal reasoning meet the expectations of the appellate court. They must also anticipate the opposing party’s arguments and address them preemptively. This document can be decisive, as some appeals are resolved solely based on the briefs without the need for oral argument. The brief must strike a balance between legal rigor and readability, guiding judges through complex issues with clarity and confidence.
- Preparing for and Delivering Oral Argument
If the appellate court grants oral argument, the attorney must prepare for a highly focused and intellectually demanding exchange. Unlike the broader storytelling of a trial, appellate arguments are typically time-limited and revolve around specific legal questions. Judges may interrupt at any moment with probing inquiries, so trial attorneys must be ready to defend their position from multiple angles. Preparation involves rehearsing arguments, refining responses to anticipated questions, and thoroughly understanding the relevant case law and statutory frameworks.
Oral argument offers a rare opportunity to clarify points made in the brief, address judges’ concerns, and emphasize the implications of the trial court’s error. Trial attorneys must remain composed, respectful, and persuasive in high-pressure situations. A well-delivered argument can influence the court’s understanding and potentially sway the outcome. While not all appeals include this stage, when it does occur, it can be the most impactful moment in the appellate journey, offering a final chance to steer the case toward a different conclusion.
The end of a trial does not always mean the end of a case. When faced with an unfavorable verdict, trial attorneys step into the appellate arena with a fresh set of tools and strategies aimed at securing justice. From reviewing the trial record and filing post-trial motions to drafting persuasive briefs and presenting oral arguments, they approach the process with diligence, clarity, and purpose. Appeals are not about retrying the facts but about ensuring the legal process was fair and properly followed.
