Main menu
In and Out of Court - Litigation & Appeals Blog

In and Out of Court - Litigation & Appeals Blog

Are You Ready for NextGen in the 10th Circuit?

The 10th Circuit Court of Appeals is now using NextGen CM/ECF for e-filing. Check out this post highlighting the new system and outlining how to take full advantage of it. E-filing is not that hard.

Have Fun: Waiving Liability

Waivers or releases of liability can be useful, but also have some pitfalls. A recent case teaches that one should write these agreements in plain English and include relevant activities.

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.

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.

How Do I Know How Much This Case is Worth?

Plaintiffs and defendants both need to have an idea how much a case is worth. If you are thinking about filing a case as a plaintiff, you need to know if it will be worth going through the hassle, emotional stress, and costs. You need to know whether you should settle, and for how much, or if you should take the case to trial. If you are a defendant, you need to know what kind of financial impact the case could have. You must know what you are up against, when a settlement offer is reasonable, and when it is too much to pay.

Why Would I Sue the Government?

style="padding-left:

Can you sue the government? Even if you can, why would you want to?

In answer to the first question, you can sue (or file some kind of legal action) against “the government” in certain limited situations.

Subscribe to this RSS feed

© Telios Law