The first thing that must settle in your mind is that you simply should not file an appeal simply to get you case heard again. If this is your wish then you should not hire an appellate lawyer simply for this reason. In federal government contracting, you can get this type of review only when you file a Court of Federal Claims bid protest after getting an adverse decision at the GAO level. Here, the Court hears the bid protest as through it were a brand new case file. Other than this exception, you should understand the basis for filing an appeal. .
What is an appeal?
An appeal is the process by which the higher court reviews the decision of the lower trial court. Depending on the circumstance, you generally have a right to appellate review under United States Constitution and in state constitutions.
Appellate courts have the right to overturn a lower court, or government contracting agency if there is reversible or an abuse of discretion. Business entities also have a right to hire an appellate lawyer to challenge the lower decision
What Federal Appellate Lawyers Do
When you hire an appellate lawyer, his job should be to first review the record to see if there are any reasonable reasons to take the case to appeal. This takes a lot time an effort. He or she will be looking for evidentiary violations, abuse of procedural rules and law.
An appellate lawyer will then draft notifications of appeal and begin by writing a detailed brief to convince a court of appeals to overturn your adverse decision.
Learn about the three most dangerous trends in appealing government contracts cases and why learning about them can save you thousands when you hire the wrong type of appellate lawyer.
If you are contemplating filing an appeal, contact our lawyers for a free initial consultation. Call 1-866-601-5518.