JCOHS Lawyers and Attorneys

People often ask me how to determine if a Criminal Defense Lawyer is good or not. Having practiced as a San Francisco criminal defense attorney throughout California for thirteen years I have developed some opinions about this, which are laid out in the eleven rules below. These attributes can help make the difference between a good, bad or mediocre result. Remember that good criminal defense lawyering is as much an art as a technical skill. There is no substitute for experience. On the other hand it is unfortunately true that some veteran lawyers are tired of practicing law or have been doing it the wrong way for so long, they can’t change their ways. These rules apply to all criminal cases, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others. Of course they are no different whether you are looking for a San Francisco criminal lawyer, an Oakland lawyer, Hayward lawyer or a lawyer from another part of the country. The rules apply everywhere.

1. The lawyer must care about the result and the client’s well being:

This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person’s life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.

2. Get to know the client and his or her life situation and background:

I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.

3. Work quickly to try to get the person out of jail:

Needless to say, if a person is in jail and hires a criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or, in the case of a San Francisco criminal lawyer or San Francisco criminal defense attorney, a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.

4. Consider the effects of a criminal case on a person’s profession, or future profession:

Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case. Any criminal defense attorney, whether a San Francisco criminal lawyer, Oakland lawyer, Hayward lawyer or other, should be aware of this.

5. Remember confidentiality:

It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.

6. Consider any immigration consequences:

Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers. Understanding these rules is critical whether you are dealing with a San Francisco DUI attorney, San Francisco criminal lawyer, San Francisco criminal defense attorney, Oakland DUI lawyer, Hayward or any attorney from elsewhere in the country.

7. Communication with the client:

Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.

8. Investigation:

In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn’t you want to do it in your own defense. It costs money but it would be “penny wise and pound foolish” to skimp on this part of your defense – that is, unless you agree with the police version of the facts.

9. Legal research and motions:

Any San Francisco criminal defense attorney must be sure to understand the “elements” of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn’t know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.

10. Negotiation:

The way in which a criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.

11. Trial

Only about five to ten percent of cases go all the way to jury trial. However for the case that we think we can win, jury trial is usually the best option. On the down side, it is more expensive. That is because it should take intensive preparation for the lawyer. It can be stressful and time consuming for you, the client. But when you win, you walk out the door with no conviction on your record. If the judge and prosecutor refuse to offer you a reasonable alternative, and if you have a workable case, jury trial can be the only smart option. Before a jury is where the true lawyer shines as an advocate. Too many a San Francisco criminal defense attorney and San Francisco DUI attorney has not done enough jury trials, fears going to trial, or has had no success before juries. This is true for attorneys in most locations. Trial should not be rushed into heedlessly. Some cases should not go to trial. But trial should always be an option that you discuss with your lawyer, and your lawyer should appear knowledgeable about the ups and downs of jury trial.



By: David Wise

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In an arbitration agreement you, the patient, waive your right to sue your doctor. Instead, this agreement states that you will submit any dispute to arbitration.

Legal and binding

These agreements are both legal and binding. Medical providers are starting to pressure current and prospective patients into signing agreements, which seek to eliminate a patient’s basic constitutional rights. This includes a right to a trial by jury and a right to recover full compensation for the consequences of medical malpractice.

Any claim would instead be decided by a hand-picked group of arbitrators.

The advocates

Proponents of these agreements say that for patients, the case can be settled faster and more money can go to them (instead of the lawyer). Advocates argue that for doctors, if a majority of their patients sign these agreements, they can a signed arbitration agreement means that they can get a discount on their malpractice insurance.

The critics

Critics contend that arbitration agreements are actually more expensive for consumers, because arbitration costs are so high that patients often drop their complaints because they cannot afford to pursue them.

Furthermore, if you are being admitted to the hospital, you are generally not in a physical or mental condition to make a rational decision as to whether any future malpractice claim should be arbitrated.

Pressured into signing

Often times, patients are not told advance that you will be asked to sign such an arbitration clause and, so you generally don’t have the opportunity to discuss this matter with family members or discuss it with an attorney.

When you are presented with this agreement, the last thing on your mind is filing a malpractice suit. You are hoping that there will be no incidents of negligence and therefore, no reason to file a claim. Unfortunately, once you sign these agreements, regardless of the circumstance—they are upheld by appellate courts.

Must I sign the agreement?



The good news is that the law Utah passed in 1999, allowing doctors to use arbitration agreements was modified in 2004. The new law says that doctors may use the agreements, but can’t deny treatment if a patient declines to sign them.

So, why sign?



Your doctor can refuse to see you, but if he or she does, find another doctor and complain to the state agency that licenses physicians.

Still an option



Hopefully, you’ll never have to pursue a medical malpractice claim against a physician. But if you do, arbitration is still usually an option, regardless of whether you signed the agreement. Courts would much prefer that medical malpractice cases are arbitrated before they go to trial. In any case, you’ll almost certainly be in a better position if you haven’t limited your options by signing an arbitration agreement up front.



By: Patricia Woloch

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The rate of divorces has increased drastically in recent years, not just in Australia but in many parts of the world. This is due to many reasons but most will agree that the change to no-fault divorces has increased the rate of divorce. Whereas years ago, couples had to prove the their spouse was “unfit” or did something wrong, with a no-fault divorce couples can obtain a divorce by merely stating they no longer wish to be married. Regardless of the reason a couple chooses to get a divorce, it’s in their best interest to find a good divorce lawyer.

Australia has very clear and relatively easy-to-satisfy divorce laws. The only requirements are that you be domiciled in Australia, be an Australian citizen or an Australian resident for at least 12 months. If you meet these requirements, and have been separated from your spouse for at least 12 months, you can file for a divorce in Australia. In certain cases, the spouses are not required to attend their court hearing. One of these situations is if there are no children under the age of 18. If you do have children under the age of 18, and both you and your spouse sign a joint divorce application, you will not need to make a court appearance unless the court waives this requirement for some reason.

In spite of how easy it is to obtain a divorce in Australia, it will still be beneficial for you to have a divorce lawyer, particularly if minor children and/or property are involved. A good divorce lawyer can help you with separation, divorce, property settlement, child custody, maintenance and defacto property settlement. Occasionally, a couple will choose to handle a divorce themselves without the assistance of a divorce lawyer. This is not recommended unless there are no children or assets and both spouses are in full agreement of the simplicity of the divorce. In all other cases, a divorce lawyer is highly recommended to help stand up for your rights regarding the many issues involving family law and divorce.

Australia has made every effort to make divorce as easy, inexpensive and pain free as possible for the couple by requiring the using of arbitration in divorce cases. The private arbitration system for divorces was implemented by the federal Attorney-General of Australia to help eliminate the many disputes brought on by divorce.  Divorce lawyers authorized by the courts will handle the arbitration. The couples seeking the divorce can choose their own divorce lawyer from the court-appointed list. The main purpose of the arbitration is to help resolve money issues. Arbitrators, however, have no authority to rule on disputes involving child custody.

Many people confuse arbitration with mediation or believe they are the same thing when they are actually quite different. A good divorce lawyer can explain the divorce an assist you with your needs during your divorce proceedings. A mediator cannot make a decision for or against a wife or husband but is there to listen to both sides and offer suggestions on how they can both compromise to come to an agreeable solution. If the couple cannot come to an agreement, the job of the mediator is over and an arbitrator is brought into the case. In some cases, however, the mediator is asked to come to a decision for the couple, although this is not recommended because it’s often difficult for a mediator to suddenly switch roles and become an arbitrator.

Arbitrators are divorce lawyers set by the court and can set their own fees, which can often be quite expensive. Couples have the choice of choosing their own arbitrator if they’re not happy with the one chosen by the court. A divorce can be a small matter between two individuals but can also be a huge court case involving a couple, their children and jointly owned property. In such a case, you will want a good divorce lawyer. You will want to make sure you have a lawyer that is experienced enough to help you in your divorce. Because there are many circumstances in divorces, you may need a checklist of questions for your divorce lawyer to help ensure you are getting the best possible divorce lawyer for your needs, some of which may include:

1.    How many divorces have they handled? You do not want a divorce lawyer with little or no experience in divorces. Unless they’ve actually handled a divorce, they’re not going to know what to expect or if there courts lean towards any certain trends.

2.    What is their specialty in divorces? Although some divorces may be simple, some involve property settlements, custody battles, child support, maintenance, etc. You’ll need to know your divorce lawyer has experience that will meet your needs.

3.    What kind of reputation do they have in divorce cases? You may notice in divorces of wealthy couples, women seeking large settlements often seek the same divorce lawyer or couples seeking custody will use divorce lawyers that are successful in these issues. Find out what your divorce lawyer’s success rate is.

4.    What are the costs? The cost of divorce can be as low as hundreds (doing it yourself) and as high as thousands of dollars. Have your divorce lawyer explain what the expenses will be. Find out if there are any expenses that can be lessened or eliminated without hurting your case.

5.    How many arbitrations have they been involved in? If they are a court-appointed arbitrator, as is customary in Australia divorce cases, they’ve probably been in arbitrations before. Find out how many and how they resulted.

6.    What type of arbitrations has your divorce lawyer been involved in? If you suspect your divorce is going to become a nasty fight for custody, you want a divorce lawyer that’s experienced and successful in child custody cases.

7.    What does your divorce lawyer hope to accomplish in your divorce? Have him explain the most and least he hopes to get for you. Don’t be afraid to compare divorce lawyers if you don’t feel the first one you see can help you.

8.    If asked, would your divorce lawyer be willing to work as an arbitrator and mediator? The answer you get from your lawyer may determine if he’s the right divorce lawyer for you.



By: Clint Jhonson

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Do you fear that you may be charged for a crime?  If you do, it is urgent that you hire a Kansas City criminal defense attorney at your earliest convenience.  Do not give statements or speak to anyone until you do so.  How do you determine if you do need a lawyer?

To be truthful, everyone needs an attorney.  Why?  When a person breaks the law, there are plenty of people to judge you – prosecutors, police, and judges.  What happens if a member of the government breaks the law?  This actually does happen.  Illegal search or unlawful arrest are just two examples of instances where government often violates the law.  This is why you may need a Kansas City criminal defense lawyer, even if you feel that you did nothing wrong.

You may wonder what a criminal defense attorney actually does.  Most people believe they simply defend their clients, but there is much more to it than that.  A reputable lawyer will force the government to provide burden of proof in order to justify their actions.  They will also make sure that the police or any law enforcement agency have not violated the law in their haste to prove that you are guilty.

Naturally, there are people who are guilty and those who aren’t that get accused of crimes.  Sometimes, it is as simple as a member of law enforcement making an error, and arresting the wrong person.  There have been instances when people have been “set up” in order for the real criminal to be protected.  These are all times when you need a Kansas City criminal defense attorney immediately.  

There are other scenarios to consider.  What if you are charged with DUI?  Does this mean you are automatically guilty, even if you were drinking?  Not necessarily.  Sometimes when you are tested for blood content alcohol levels, the machine doesn’t work correctly.  Even if it does, convincing the jury that these tests aren’t always accurate can be enough to get the charges dropped.

Self defense is another area where the use of a Kansas City criminal defense lawyer is needed.  If you have injured or even killed someone in self defense, you need an attorney to gather all of the facts and information on your case.  These lawyers are experienced and knowledgeable, and will examine every aspect of the case to prove beyond a reasonable doubt that your actions were purely to protect yourself or your family.

If you have been arrested or feel that an arrest is pending, do not delay.  Anything you say can be used against you, and you need the advice and help of an expert.  It’s your freedom that is at stake, so make sure you find the best Kansas City criminal defense attorney available to protect your rights and your freedom.



By: Joel Mclaughlin

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Matter of James P. Colliton (First Dept.; Admitted to Bar: 1989). Discipline imposed: Disbarred

This one ends with a whimper, rather than a bang.

Attorney Colliton worked at the top law firm of Cravath Swaine & Moore, earning, like, half-a-mil ($500,000) a year. He had a wife and kids upstate in Poughkeepsie, and spent his days perusing the complexities of our tax laws.

Colliton, age 39, had a taste for underage girls. You may remember this case from the newspapers. Arrested in September, 2006, Colliton claimed that the two teenage sisters that he had sex with, aged 13 and 15, were imped to him by their mother.

Before he could be arrested, he tried to run away. He ran to Toronto, Canada, but was released due to a communication foul up. He fled back to Manhattan.

Finally, he was arrested alone in his room at a flea bag hotel in Manhattan. This criminal mastermind made the desk clerk suspicious when he tried to register under two different names.

He was recognized, and the cops called.

According to Manhattan District Attorney Robert Morgenthau, Colliton was carrying identification in the name of “James Sullivan,” and “had a bag with a lot of cash in it and a lot of American Express gift cards.”

Finally, as related by the Departmental Disciplinary Committee:

On October 2, 2007, respondent [Colliton] pleaded guilty in Supreme Court, New York County, to rape in the second degree in violation of Penal Law § 130.30(1), a class D felony, and to patronizing a prostitute in the third degree in violation of Penal Law § 230.04, a class A misdemeanor, in full satisfaction of Indictment No. 0861-2006. On that same day, respondent also pleaded guilty to rape in the third degree in violation of Penal Law § 130.25(2), a class E felony, in full satisfaction of Indictment No. 1748-2006. The charges to which respondent pled guilty alleged that he engaged in sexual intercourse with a person who was less than 15 years old and a person who was less than 17 years old, and that he patronized a prostitute who was less than 17 years old. On October 11, 2007, respondent was sentenced to a term of imprisonment of one year on each charge, to be served concurrently, and was required to register as a sex offender.

And the case ends with a whimper: Upon conviction of a felony, Colliton was automatically disbarred, and so holds the Departmental Disciplinary Committee.

Commentary: This rather dry opinion marks the end to a high-paying legal career. It being well known that prison is particularly tough for child molesters, one can only wonder as to how tough prison will be for a child-molesting tax attorney.



By: Gary E Rosenberg

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Medical malpractice is a difficult area to talk about. What people think it is and what it actually is are different things. It is not simply any negative outcome resulting from an interaction with a doctor, medical malpractice is not that simple. “Practicing” is an interesting word when it comes to medicine as the jobs doctors do are not always done perfectly.

Wondering why the number medical malpractice suits is on the rise?

One possible reason is that doctors have been portrayed as being near perfect heroes on TV shows. A medical drama where the doctor always loses would not be watched. We’ve been conditioned to believe that doctors have all the answers and act with extreme precision and intuition. Real doctors aren’t super-human.

Another reason is that we look to doctors to solve both physical and mental problems for us and have given them our respect. We take it extremely personally when a doctor lets us down. A part of us wants to hurt the doctor because we are hurt. Especially if a loved one died as a result of their negligence (or what we think is their negligence).

One more likely reason is that we have come to realize through the years that medical malpractice suits can be extremely profitable. In our society we’re sometimes taught that we can turn our pain into money. Medical malpractice suits have become a huge payday for some people.

These issues play an important role and are significant to the pursuit of these cases. This is not an easy thing to do as any medical malpractice attorney will tell you. Getting witnesses, expert opinions, investigating injuries and researching medical records are all involved in preparing a case.

All the effort rarely pays off in the end. The reason? Doctors are not expected to be infallible by the law or their profession since they are not infallible beings.

Doctors are required to act in reasonable ways by the laws of most states. They cannot be held legally accountable when reasonable actions cause injury. They cannot be held responsible if a mis-diagnosis ended in injury, disability or death, as long as the diagnosis was reasonable at the time they made it.

Medical malpractice attorneys are aware these cases are emotionally painful for all involved. If it is not completely clear the doctor did something wrong you may be advised the mental anguish isn’t worth pursuing the case. Doctors will rarely admit it even if they actually made an error. You will have to get a judge to convince them to admit an error or wrongdoing due to the cost and the blemish on their record. In many cases, an expert medical witness will need to testify and prove wrongdoing on the part of the doctor.

The fact there are large payouts in these types of cases is true. There are often extremely large damages awarded. However, all malpractice suits are not worth a lot of money. No one hears about the lesser cases that are not worth pursuing.

The last thing to remember is that you should never attempt a medical malpractice suit on your own. You will need to have the help of a medical malpractice lawyer no matter what happens. Many malpractice attorneys will not accept a case unless it’s a slam-dunk.

Some medical malpractice attorneys will gladly charge you for a case they know has no hope. Be sure to always get a second opinion when searching for an attorney to represent you in a medical malpractice case.



By: Mr. Art

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You wouldn’t take a knife to a gunfight, so why go without a divorce lawyer for what can be a legal life-and-death struggle: divorce.

It’s a sad fact that divorce cases can turn nasty very easily, and going into a divorce proceeding without competent divorce lawyer can have devastating long-term financial and family ramifications.

Divorce lawyers specialize in upholding the rights of their clients in perhaps the thorniest issues that come before courts. Retaining a competent, professional divorce lawyer can save you significant money in the long-run and also ensure that matters such as child support, child custody, property division, etc.

Before hiring a divorce lawyer, please make sure that your marriage is unsalvagable. Divorce is a painful and nerve-wracking experience and should be avoided if possible. If, however, the marriage is irretrievable, a divorce lawyer can guide you through the process and safeguard your rights.

A competent divorce lawyer can help reduce the stress of a divorce and explain specifics of the action that can prevent you from making mistakes. Those mistakes could impact child custody, support, visitation, and significantly impact your finances with regard to alimony property division and any joint debts the couple may have.

A divorce attorney is a must if your spouse is dishonest or vindictive, if complicated financial or property matters will arise or if you and your spouse cannot agree on child custody or support. A divorce attorney will be your advocate and your voice and will doggedly pursue your best interests.

If the divorcing parties are amicable, you could consider hiring a single divorce lawyer to handle the divorce. Sharing a divorce lawyer could save money for the divorcing parties and keep the process from becoming adversarial. Conflicts of interest may arise if the divorcing parties use a single divorce lawyer, however, so make sure you and your soon-to-be ex are on the same page before agreeing to share counsel.



By: Elijah James

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An injury is an incident that can happen to anyone at any point of time. Any individual can become victim of injury at any point of time. In fact sometimes accidents can prove to be fatal, so one must be cautious about this. It is very disturbing to know that an injury can lead to loss of life. A personal injury lawyer can assist an injured person at any time at his call. If injured take help of a doctor and never forget to call a personal injury lawyer. He will assist the victim to get legal help and will make him rewarded with the compensation. It is a law in United States that if someone gets injured then he has to be compensated by the defaulter. It is always advisable to avoid accidents and mishappening which can create serious problem for an individual.

A personal injury lawyer New York City is a legal representative who assists an injured person to get the compensation that is due to him. One who is injured can ask for the compensation from the defaulter, he is liable to get the compensation. If victim is resident of New York then he has various options to choose from the list of injury lawyers. It has been observed that most of time injury happens due to negligence of other person. The lawyer makes his client familiar with the basic facts regarding injury laws that an injured is unknown about it. The lawyer is very dedicated towards his client’s case and he wants him to be rewarded with the compensation amount. He tries his level best to make the case in favor of his client.

There are various lawyers in the city who deals clients in different cases but a personal injury lawyer is one helps the client’s in injury cases only. He is a master of injury case and had abundant knowledge that can help a victim to get compensation. He is extremely qualified and his talent works as an important tool for an injury case. At any time the injured can take his assistance but this is not so with rest of the lawyers who are specialized in different fields. A general lawyer assists only during working hours and during working days. If the injured is hiring a highly experienced person then he may have to pay more money as fee.So, if looking for an inexpensive lawyer then one can come many lawyers with good qualification and experience.

One can get injured either from a car or from a heavy vehicle, but in both the cases important step is to earliest help from a personal injury lawyer and a doctor too. Occasionally, it happens that one is victim of medical malpractice due to an unprofessional doctor. After filing a case in the court, the victim will instructed to appear in the court at given date. Hearing will be done in front of magistrate and every aspect of case will be considered. The lawyer will help his client in every aspect and can thus the result would be in the favor of injured person.Thus, the lawyer helps his client in getting the compensation.



By: Hadiya Robins

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Criminal defense lawyers are experts specialized in handling criminal cases of different ranges. Criminal defense lawyers are lawyers whose profession is based on providing essential services to the people who are considered as accuse or criminal under the court of law. The basic purpose of hindering the service of the criminal defense lawyer is that, the criminal defense lawyer will argue the points with regards to various laws and sections created to serve the people against the criminal cases. Criminal lawyers are categorized under different sections and classifications.

people when arrested for any of their criminal actions such as murder, rape, theft, sex crimes, domestic violence, kidnapping, hit and run and many other criminal cases, they will be proceeded under the court of law. Under such case, the criminal defense lawyer will argue for the criminal and provides them services. Criminal lawyers provide more essential services to the people around the world. Criminal defense lawyers are considered to be more important and essential and also fetch more demand among the people.

Nowadays, criminal defense lawyers are required in more number, because the crimes have been increased in large number. The price consideration paid for each criminal defense lawyers will vary as per the popularity and fame and successfulness created for the person. Criminal defense lawyers offers the service to the public for a reasonable price consideration to enable them not be offended by the court without any wrong doings. There are cases were people may be arrested in the court of law for non-performing of wrongful act.

In such cases, the criminal defense lawyers will provides service to the people by attending the case for them in the court and makes argument and enable the people to come out from the case. Today, criminal defense lawyers are required for each and every activity performed by people. Criminal lawyer is someone different from other professionals. Criminal lawyers are one who is specialized in analyzing, inspecting and examining the criminal cases undertaken by him. Criminal lawyer may argue for either the plaintiff or for the defendant.

As per the lawyer interest and request of the people, criminal lawyers precede his functionality in the court of law. The features of each criminal lawyer differ from individual to individual as per their state and county. Criminal lawyers come up with wide responsibility. The involvement of criminal defense lawyer may provide positive or negative result for the criminal case taken. Criminal defense lawyers provide their service either in individuals or in groups or team. The argument of each criminal lawyer may differ as per their statutes and laws of the state court.



By: Ron Victor

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Most of us have seen some movie character jump up at his table in the courtroom to bellow, I’ll appeal this all the way to the Supreme Court! Now, that person is you, but you’re not certain whether an appeal makes sense. Or perhaps your adversary is appealing and you simply need to know what to expect. This article addresses five common misconceptions about appeals in California civil cases.

Myth No. 1: An appeal gets your case heard by the Supreme Court.

An appeal is heard before an intermediate appellate court and has only a remote chance of ever getting to the United States Supreme Court or California Supreme Court. You have a right to appeal to the intermediate court, but no right to have your case heard by either supreme court, both of which are very selective about the cases they hear. The percentage of cases that make it to either court is in the very low single digits.

Myth No. 2: An appeal is a second trial of the case.

An appeal does not even remotely resemble a trial. An appeal is decided by three judges who won’t hear any of the witnesses, won’t see the arguments the lawyers made in the trial court, won’t see the parties and won’t form any of the same emotions that the jury did at trial. Their view of the case will be based almost entirely on stacks of paper and written arguments submitted by the parties, with only a brief oral argument (a half hour or less, in most cases).

The judges on the appellate court aren’t there to decide who should have won at trial. They are there only to determine if some error was made in the trial proceedings. Thus, the best a party can expect in the majority of appeals is that the court will send the case back to the trial court for further proceedings, such as a new trial.

Myth No. 3: An appeal will drag the case out for years.

It’s possible, but not necessarily true. The court’s backlog and the amount of extraordinary activity in any given case will determine how long the appeal takes.

Appeals from federal courts in California generally take much longer than appeals from California state courts. While federal appeals often take two years or more, cases in some districts and divisions of the California Court of Appeal can be decided in well under a year from the time the appeal is filed, so long as there is no unusual activity in the case.

The timing of a decision on appeal may be relevant to issues such as settlement, fees, and collateral for the appeal bond. You should ask your appellate lawyer what to expect in your case.

Myth No. 4: You won’t have to pay the judgment while the case is on appeal.

Some people believe that they can forestall the collection of a judgment against them merely by filing an appeal. However, the filing of an appeal does not, in itself, prevent the winner from enforcing a money judgment.

To forestall collection, the party appealing must also post a bond to guarantee the judgment creditor’s ability to collect at the conclusion of the appeal if the judgment is affirmed. The amount of the bond is set by the court and is usually in an amount greater than the judgment to allow for the accrual of interest on the judgment while the case is on appeal. The judgment debtor who appeals must provide collateral for the bond.

Myth No. 5: Your trial lawyer is always the ideal lawyer to handle your appeal.

It’s tempting to think that the best lawyer for your appeal is the lawyer that handled your case at trial. Who knows your case better, after all?

That’s the problem. Your trial lawyer has so much time, energy, and emotion invested in the case, that he can lack the objectivity necessary to identify the best strategy and arguments for appeal. Combined with many critical differences between a trial and an appeal, these factors often make your trial lawyer less than the ideal attorney to handle your appeal.

Could your trial lawyer do a great job on your appeal? Sure, especially if she has experience with appeals. But many trial lawyers who recognize the differences between trials and appeals also recognize that they should refer their clients to appellate counsel, or at least consult with appellate counsel during the course of an appeal.



By: Greg May

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