Civil Litigation & Appellate Work
What is Civil Litigation?
Civil Litigation typically starts due to a disagreement between two or more parties usually over money or a contractual agreement. If the issue cannot be resolved between the parties, they will usually go to attorneys and mediators for help coming to an agreement, if they cannot come to an agreement, the matter will go to trial for a judge to decide.
The most important characteristic of civil litigation is that it doesn't involve any criminal accusations or matters. Civil litigation is just a lawsuit that one party may file against another for resolution over any non-criminal issue.
Civil litigation covers a very wide range of disputes. Just a handful of them include family law cases, auto accident injuries, landlord and tenant matters, grievances against a city government or company, employer and employee matters, medical malpractice, etc.
The most common type of civil litigation is initiated by a breach of contract. A breach of contract is simply when two or more parties sign a contract and one doesn't hold their end of the deal. For example, if you are renting a house to a tenant and they trash the place and leave without paying rent, you can sue them for breach of contract.
The goal of nearly any lawsuit is to remedy an issue or seek compensation for a loss. Compensation is almost always in the form of money as a payment for damages. Another option would be for a specific performance, where the opposing party is ordered by the court to perform the terms. Say that you hire somebody to remodel your kitchen and they do a terrible job. They court may order them to repair the kitchen without charging you.
If you would like to learn more about resolving your civil matters, contact us to schedule a free consultation. The attorneys at Wilkerson Law Group are experienced in a variety of matters in civil litigation. We would be happy to help you whatever your civil matter may be.
What is Appellate Work?
When a case goes to court, they always start in the trial court. This generally takes place at the district or magistrate court. The losing party of any case may appeal the case to the appellate courts, also known as the court of appeals. Appellate courts hear and review cases that have been appealed from the lower courts. The appellate courts don't have juries like the courts you may be familiar with, but rather they are made up of a committee of judges.
Cases are only able to be appealed if there is sufficient evidence to indicate that there were errors in the process and that you weren't given a fair trial. It's very unlikely that a party may appeal a case simply because they weren't happy with the outcome. Some factors that may demonstrate that you did not receive a fair trial may be that there was lack of sufficient evidence for a decision to be made, juror misconduct, or you were provided with inadequate representation. These are just a few reasons to appeal a case.
Appellate work is the analysis and review of trials, court records, and other documents for the purpose of arguing a case before an appellate court. The goal of an appellate attorney is to argue before a court of appeals that you were given an unfair trial and why it was unfair. If you win a criminal appeal, you can either get a retrial or be acquitted. If you lose, you may appeal up to the State or U.S. Supreme Court.
It is very common that attorneys who worked on a case while it was in trial will also appeal the case. However, there are some attorneys who do appellate work exclusively. The attorneys at Wilkerson Law Group practice in various areas of the law, including appellate work. If you have questions about appeal a case, contact us to schedule a free consultation. We would be happy to help you whatever your civil matter may be.