Virginia Civil Litigation Attorneys With A Robust Appellate Practice

Our civil and commercial litigation lawyers understand that the fight isn’t necessarily over once a judge or jury reaches a verdict. You have the option to appeal, and our firm is more than ready to assist you. On this page, you’ll learn more about how civil appeals work and why working with Walker Jones, PC, is a smart choice.

Appeals Are Not New Trials – Here’s How They Differ

Many people assume that an appeal is effectively a “do-over.” That’s simply not true. The purpose and process of appealing the verdict in a civil case differs significantly from the initial trial.

While a trial involves presenting new evidence and witnesses to establish the facts of the case, an appeal focuses on reviewing the established legal record and all aspects of the trial court’s decision. During an appeal, no new evidence is introduced. Instead, the appellate court examines whether legal errors were made that could have affected the outcome.

The goal is not to retry the case but to ensure that the trial was conducted fairly and in accordance with the law. If you believe that the trial court made a mistake, an appeal provides a pathway to have a higher court review and possibly overturn the original verdict.

Grounds For Appeal In Virginia Civil Lawsuits

It is also commonly believed that civil litigants can appeal simply because they disagree with the trial court ruling. This is true in one sense only: Both plaintiffs and defendants in a Virginia civil action have the right to appeal (which isn’t always the case in criminal matters). But although you can have any personal motivation for filing a civil appeal, you still need to present a compelling argument that the verdict was tainted by a trial court error of some sort. Unless you can present evidence to make and support such a claim, the court of appeals may quickly determine that the appeal is without merit.

In this way, you must still have grounds for an appeal. Common arguments for appealing a civil verdict include:

• Alleging that procedural errors occurred during the trial, such as improper admission or exclusion of evidence
• Asserting that the trial court misinterpreted or misapplied the law
• Claiming there was insufficient evidence to support the trial court’s decision
• Arguing that there were issues with jury instructions that could have led to an unfair verdict

It’s crucial to identify and articulate these grounds clearly, as the appellate court will base its review on the arguments presented in the written briefs and oral arguments.

Why Changing Attorneys Can Be A Good Idea

You don’t need to stick with your original trial attorney when pursuing an appeal. Many litigants bring in new counsel even if they had no issues with their original lawyer’s performance. Our firm regularly takes on new clients in the appellate stage of their cases.

Hiring an appellate lawyer can be advantageous because they bring a fresh perspective to the case. Unlike the original trial lawyer, who may be deeply familiar with the facts, an appellate lawyer approaches the case with a focus on legal issues and procedural correctness. This purposely narrow focus can enhance the likelihood of a successful appeal, as appellate lawyers are trained to scrutinize the trial record for any potential grounds for overturning the verdict.

Not All Attorneys Have The Qualities Of An Effective Appellate Lawyer

An effective appellate lawyer should possess strong analytical and writing skills, as appeals rely heavily on written briefs that outline legal arguments. They should be adept at identifying errors in the trial record and articulating how those errors impacted the outcome. Attention to detail and a thorough understanding of appellate procedures are also essential.

Our appellate lawyers at Walker Jones, PC, possess all of these qualities and more. They understand the unique challenges and opportunities of appellate law, and they work tirelessly to help clients prevail in the court of appeals.

Contact Us To Discuss Your Civil Appeals Options

If you need to pursue an appeal anywhere in Virginia, contact our team at Walker Jones, PC. To schedule your initial consultation, call our offices in Warrenton and Rappahannock at 540-595-3657 or submit an online contact form.

Meet Our Civil And Commercial Litigation Attorneys

Susan F. Pierce

John C. Clark

Antonio R. Benedi

Bennett T.W. Eastham

Walker Jones, PC, serves clients throughout Virginia, including Fauquier, Rappahannock, Culpeper, Loudoun, Prince William, Fairfax, Arlington, Alexandria, Warren, Winchester, Frederick, Clarke, Stafford, Spotsylvania, Fredericksburg, Madison, Orange and Albemarle.