Seeking a second opinion is as important in legal appeals as it is in medical diagnoses.
The basis of a successful appeal is a loss in trial court. It tends to be the case more often than not, that clients who have suffered a defeat in lower court, turn to new legal counsel to mount an appeal. It is not an affront to the initial trial team.
In essence it is like seeking a second opinion from another doctor after a scary diagnosis, but in legal defense, it’s also the best way to ensure that no evidence has been overlooked, or that all critical facts have been validated or, perhaps adequately challenged, and all potential legal challenges explored.
Taking a fresh look begins with a full and thorough review of the case, the court record, and most importantly, extensive conversations with the clients and others involved in order to put together the best possible argument to win on appeal.
We do a complete and thorough review of all court transcripts and pleadings, and also meet with everyone involved to gain as full and understanding of the strengths and weaknesses of a case.
The client’s history, and the things they noticed or did not understand during the initial trial, can be very insightful. While you need a law degree to practice law, often times, there are common sense aspects to a case that need to be asked about, or that might have previously gone unnoticed, or at least not discussed.
That’s what we did in the case of a couple accused of theft by a Fortune 100 company right here in Lake County.
I did not handle the initial trial, but did take on the appeal, which led to the complete vindication of a husband and wife accused of theft…we won on appeal, then when the State appealed that result, we argued before the Illinois Supreme Court and won, allowing them to to return to trial court where their cases were discharged. They felt that after many years, their courage was rewarded, and their good names restored.
“…we won on appeal, then when the State appealed that result, we argued before the Illinois Supreme Court and won, allowing them to to return to trial court where their cases were discharged.”
This is more than a courtroom sketch. It represents one of my most important courtroom successes. It hangs on the wall of my office as a daily reminder of the importance of why we do what we do. But it also represents the importance of seeking that second opinion–a fresh legal look at the case fundamentals, along with the experience, legal knowledge, and diligence that The Law office of Gregory Nikitas puts into defending every case we accept.