Legal Question in Appeals and Writs in California

Re: Would you Appeal?

I'm afraid I would need more facts before I could offer an opinion. It sounds like you may have lost on summary judgment, and I would need to know more details about the evidence and about your allegations before I could say whether the judge made the right decision.

Even assuming that you have a basis to appeal (and that there is still time for you to do so), whether you need new counsel will depend upon many factors you have not discussed. Does your present attorney have any appellate experience? Is he willing to represent you on appeal? Does your contract with him cover services in the appellate court? Do you believe he has been handling your case competently? I could go on, but you would be better off consulting with an appellate attorney directly.

Because most plaintiffs in cases like yours want an attorney who will represent them on a contingency-fee basis, I should caution you that few appellate attorneys will agree to such terms. Given that you have already lost, the odds that you will eventually when are lower now than they were when you started your case. Additionally, whether your appellate attorney will ever receive his contingent fee will depend not only upon the result of his own work but also upon that of the attorney who gets the case when it is returned to the trial court. If you need a contingent fee arrangement and your current attorney is willing to keep working with you on that basis, there may be little point in looking for somebody else.

Please feel free to contact me directly if you want to discuss your situation further. I am a certified appellate specialist (per the State Bar of California Board of legal specialization) and have a great deal of experience in the appellate courts.

Re: Would you Appeal?

It sounds like you lost on a motion. IF your lawyer is sure that this evidence creates a factual question for the trier of fact (judge or jury) then yes, an appeal might be warranted. If your lawyer isn't sure that even with such evidence you could win, then your case is not so strong.

Ask your lawyer if he has appellate experience and if not, would be set up a meeting with you and him/her and an appellate attorney to discuss this in depth. Appeals are unique and difficult, but not impossible. It is better for you to keep your lawyer involved, assuming you are otherwise satisfied. The lawyer should not be automatically faulted for whatever ruling a judge decides to make based on what a defendant writes and argues.

Re: Would you Appeal?

Appeal? Sure, if you're willing to pay the substantial fees and costs of doing so - and if you think the judge's decision was based on an error of law or fact. Get an appellate attorney to do so; if your trial lawyer does appeals, hire him if he tells you he thinks you have grounds for appeal and if you have a comfort level with what he did in the trial. If not, feel free to contact me if serious about appealing.