QUESTION
Should I use my trial attorney or an Appellate attorney for appeal?
Asked on Apr 20th, 2014 on Civil Litigation - New Jersey
More details to this question:
I was denied disability by an ALJ. She left out extremely important factors in her decision. Her decision is also filled with inconsistencies.My current trial attorney wants to do the appeal. While he knows everything about my case, I've read that it's better to use an Appellate attorney. My case is a little complicated and I'm not sure if I should go to a new Appellate attorney, when my lawyer is already aware of the facts.
1 ANSWER
It's hard to give advice like this without knowing everything about the case, but from the little information I have I would advise you to use the trial attorney, assuming you think he did a good job originally. Chances are good that the choice of attorney will not affect the outcome - either both attorneys would win, or both would lose. Even if your choice of attorney was going to make a difference - if one attorney would lose while the other would win - you don't know that it is the appellate attorney who would win. What you do know is that, unless you can find an attorney who will handle the case on a contingency (doubtful with an appeal), you will spend less money on an attorney who already knows everything about the case than one who has to learn everything.
Answered on Apr 21st, 2014 at 2:49 PM