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In and Out of Court - Litigation & Appeals Blog

In and Out of Court - Litigation & Appeals Blog

What Are My Odds of Winning on Appeal?

courtroomWhat are my odds of winning on appeal? Telios Law explains how standards of review used in appellate courts may help figure out the odds of reversal on appeal.

Part 6 Case Analysis: Do I have other options that might work?

explore-optionsIn this post, we consider other ways to get relief besides filing a lawsuit. You can see now that filing a lawsuit is a huge commitment of time and money for you and the lawyer. You can explore other ways to accomplish your goals. A lawyer can help you discover and implement alternatives to litigation. Here are some common options:

Part 5 Case Analysis: Are there other risks I have not considered?

question-markIn addition to considering whether you have a claim, and whether it is worth it to bring the case financially against this particular defendant, you should also think about other risks involved in filing a lawsuit. Any time you litigate, you are taking it up a notch. You are exposing yourself to scrutiny through discovery; your intimate personal life may become public; your family may be questioned about the incident; and you will have to commit emotional energy and relive (over and over again) the details of the incident that led to you filing in the first place. 

Part 4 Case Analysis: Who is the potential defendant?

state-capitolWho do you want to sue? This person or group will be the defendant. Who this is matters in deciding whether to sue. In this post, we’ll explore why this matters. Some people are immune from suit, and a lawsuit is not a viable option. Sometimes the person you want to sue has no money, or is about to file for bankruptcy, and you have no chance of collecting any judgment you may get. Or the defendant may have a reputation for fighting lawsuits tooth and nail, or their lawyers may have a bad reputation. Factors like this can make a big difference.

Do I Need an Appellate Attorney? Part 3: Considering a Third Option

In this three-part series, we’re exploring the various options for staffing an appeal. In part one, we touched on the pros and cons of continuing to have trial counsel handle the appeal. In part two, we addressed the upsides and downsides to having dedicated appellate counsel. In this part three, we discuss a happy medium that plays off the best of both worlds in the right situation.

Should I Request Oral Argument at the Colorado Court of Appeals?

At the Colorado Court of Appeals, any party can ask for the chance to present their case before the court at oral argument. But should you? While ultimately the decision whether oral argument is granted is up to the court, the initial decision of whether to ask in the first place brings up an even bigger topic. Does oral argument really ever makes a difference in the case?

Seven Ways to Waive Your Argument on Appeal

Waiving an argument on appeal is usually a bad thing. Here are seven things NOT to do if you want to set your case up for success on appeal. We’ve also included some practice tips to help avoid these pitfalls in future cases.

Part 2 Case Analysis: Costs and Benefits of Litigating a Case

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

C.A.R.—the 2016 Model: Recent Changes to the Colorado Appellate Rules

The Colorado Supreme Court has been hard at work, handing down multiple changes to the Colorado Appellate Rules. Some changes were significant. Others were minor. The most notable change to the Colorado Appellate Rules was to Rule 3.4: Appeals from Proceedings in Dependency or Neglect. For cases filed after July 1, 2016, appeals from these proceedings will get a major overhaul. Here are some of the significant changes in the rules.

Part 1 Case Analysis: Do I have any basis for filing a lawsuit?

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

Should I File an Appeal?

Should I file an appeal? Many considerations come into play when making this decision, and here are some thoughts that may steer you in the right direction:

Ethical Considerations as Trial Counsel When You Don’t Want to Take the Appeal

Imagine you see the notice come in from the court on your latest case: Defendants’ motion for summary judgment has been granted and your client’s case is dismissed with prejudice. Your client has just lost the entire case—a case that you had litigated well. After dealing with the disappointment and post-judgment motions, you really feel it would be best for you to call it quits. 

Part Two: If You Have Been Trapped

In Part One of this series, we flagged some traps to keep on the lookout for when filing your notice of appeal. Hopefully, the tips in Part One are all you’ll ever need. But, because it happens to attorneys and pro se parties all the time, here are some suggestions if you find yourself faced with having potentially missed the deadline for filing the NOA.

Part One: Common Traps to Timely Filing a Notice of Appeal

For most direct appeals to the Colorado Court of Appeals, a notice of appeal is your gateway to the Court. The NOA must be filed within 49 days of the date of the entry of the judgment from which the party appeals. Seems easy, right? Unfortunately, many an unsuspecting attorney has found themselves in the horrifying position of having to explain to their client how they weren’t able to figure out such a “simple” calculation.

Seven Lessons from Lawsuit over Sex Abuse Accusations

GavelA Catholic priest in the Archdiocese of St. Louis, Rev. Jiang, was accused of sexually abusing a child. He denied having done it. The criminal case against Rev. Jiang was voluntarily dismissed by the prosecutor.

What is Christian Mediation? Should it Be in Your Contract?

Christian MediationChristian mediation has a foot in two worlds: the peacemaking role of the Church, and the typical legal process for resolving legal disputes short of trial. It can be both spiritually healing and a cost-saving way of approaching problems.

Ten Techniques to Help You Win Your Case on Appeal

tough appealI started my legal career with several years clerking at the Colorado Court of Appeals, and appellate law is one of my practice areas. I usually work as co-counsel with trial attorneys who feel less comfortable with appellate briefs. Recently, the Colorado Court of Appeals issued a 3-0 opinion in my client’s favor. This got me thinking about principles for practicing appellate law and winning as often as reasonably possible.

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