Even if it seems like you have a slam dunk case to bring to federal court, there’s no guarantee you’re going to succeed on the merits of your case. This is true even if you have an outstanding lawyer who adequately represents your interests at trial. That’s because there are too many variables that can influence the outcome of your case, and not all of them are squarely within your control.
Fortunately, there is a remedy available for people who are unsatisfied with the results of a federal civil case. You can potentially appeal that case and overturn the lower court’s decision.
But how common is this? What are your chances of victory? And how can you make those chances higher?
An Introduction to Appealing Federal Civil Cases
Federal civil case appeals are intended to give parties a second chance to make arguments in their favor if their original arguments fail. A federal civil appeals lawyer can help you understand the nuances of this process and whether it makes sense to move forward with an appeal, but we can introduce you to the basics here.
First, you need to understand that appealing a case isn’t allowed just because you’re not happy with the verdict. Instead, you must appeal on specific grounds, citing procedural errors, flaws in reasoning, or mistakes in interpreting the law. Your appeal will not stand if you’re only interested in relitigating the exact same case because you’re frustrated that it didn’t go in your favor the first time.
You should also understand that in many cases, appellate courts end up dismissing appeals before they have a chance to be orally argued or affirming the decision of the lower court. Judges at both the trial level and appellate level are generally highly experienced and competent, so it’s rare to find genuine errors with their legal approach.
Keep in mind that bringing an appeal is typically time consuming and expensive and could easily multiply your losses in a case if you’re unsuccessful in arguing your appeal.
For these reasons, it’s important to exercise caution and be judicious when considering whether to appeal a federal civil case. Your lawyer can help you understand if an appeal makes sense for you.
The Statistics
By some estimates, about 58 percent of federal civil cases that are brought on appeal are affirmed, meaning they are not overturned. Another 6 percent or so are affirmed in part, and 28 percent are dismissed without a ruling, typically because of some procedural error. Combining these points of data, we can conclude that a civil case brought to appeal will fail approximately 92 percent of the time.
This is partially because some people insist on an appeal simply because they’re not happy with the lower decision, even against the advice of a lawyer. It’s also partially because of sloppy lawyering, leading to things like missed deadlines. Accordingly, these statistics alone shouldn’t convince you that moving forward with an appeal is not worth it.
Improving Your Chances of Getting a Civil Case Overturned
The good news is there are many things you can do to increase your chances of getting a civil case overturned.
- Hire the best civil appeals lawyer you can find. With a good lawyer, you’ll have a much better chance of succeeding.
- Understand the merits of your appeal (and your case). Don’t move forward with an appeal unless you have a solid legal reason for doing so.
- Know the costs and risks. Make sure you understand the expenses and risks associated with appealing before moving forward.
- Pinpoint at least one clear flaw. Be able to articulate in your own words what went wrong with the lower court’s decision. If you can’t, it may mean the flaw is too difficult to argue – or that it doesn’t even exist.
- Follow appropriate procedural steps. The appeals process is simple to explain, but challenging to follow perfectly, even for an experienced lawyer. Make sure your lawyer follows all the necessary steps to avoid dismissal.
- Remain patient. At a certain point, the appeal will be out of your hands, and you’ll need to remain patient as you wait to hear the appellate court’s decision.
Should You Bother With an Appeal?
So does it make sense to move forward with appealing a federal civil case? That all depends on the circumstances of your case and how it was initially decided. For some people, an appeal could be a very promising strategy to eliminate a judicial error and come to a reasonable ruling. For others, it’s not worth the time or money. The best way to find out whether your federal civil case is worth appealing is to talk to a lawyer who knows what they’re doing.
