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I have been searching online at appellate law firms and find all the websites to be oddly the same. My loved one is dealing with a high felony case and needs an appellate attorney who has great credentials and references. I have looked at the online websites and bar association. But I just don’t want anyone, I want someone who will give my loved one the best possible chance. Is there anyone who can give me someone to look into or a place to go.
P.S. Live in Illinois and don't mind having someone from out of state.

2007-12-28 12:04:35 · 8 answers · asked by Anonymous in Politics & Government Law & Ethics

8 answers

it does not matter if you mind if they are from out of state they must be allowed to practice law in Illinois. if you have this kind of money to spend why wasn't the money spent on the original lawyer? what happened to original attorney?
what grounds do you feel you can appeal on?
if you feel legal representation has been inadequate then contact the bar association i am sure they can head you in the right direction.

2007-12-28 12:15:29 · answer #1 · answered by michr 7 · 2 0

Contrary to prior statements, all appellate law firms are not the same, and all appellate lawyers are not the same. As in any field or area of expertise, there are different levels of skill involved. As a matter of fact, even attorneys who specialize in criminal appeals have different areas of expertise within that specialty. Is it a constitutional issue? Trial judge error? Jury instructions? Some appellate attorneys make a living writing the same brief over and over again and simply applying it to the case at hand. Why? Because they are that good and that specialized. So do NOT believe one size fits all. That is simply not true.

Reputation is a good starting point. If there are several attorneys in your area who seem to get involved in high profile cases, start there. An attorney with 20 years of experience and that kind of reputation did not get there by falling off a bus. Interview several...that's right. INTERVIEW them and get a feel for their opinion on the merits of the case on appeal. Dont be surprised if you get different opinions or strategies. Sometimes, there really IS more than one way to skin a cat.

I also suggest that you look into a state sponsored attorney referral service or the bar association to get a list of lawyers who specialize in the area of your friend's problem. Again, dont be afraid to ask questions listen to the prospective attorney's answers.

One thing that NEEDS to be done. Usually a notice of appeal must be filed within a statutory time after conviction. This document is essential, as are the other procedural requirements. If you do not have an attorney for the appeal, make sure you get someone to perfect the rights under appeal. The last thing you want to do is have the time run out and lose that opportunity. With all respect, I suggest that asking for answers here is not the way to make sure that doesnt happen.

You are doing the right thing in being concerned about the quality of representation on appeal. But remember, you have a time frame to follow, and you cant speak to every attorney in the state. Find a few who specialize and go from there.

2007-12-28 14:20:23 · answer #2 · answered by Toodeemo 7 · 1 0

They're all the same because they're all offering the same thing.

Appellate law is a totally different game from initial trial law.

In "most" cases, at the initial trial, the primary argument is one of FACT.

"You did it", "No I didn't", "Yes you did", "No I didn't".

Appellate law, though, is not about facts, it's about LAW. The question of "Did he do it?" is irrelevant to an appeal. The questions are only about whether or not the law was correctly applied. Was a particular piece of evidence allowed in when it should have been excluded? Was the jury properly instructed? Did the DA properly divulge all exculpatory evidence?

"P.S. Live in Illinois and don't mind having someone from out of state."

If this is a trial that occurred in Illinois, then ONLY an Illinois licensed attorney can help you.

Richard

2007-12-28 12:15:10 · answer #3 · answered by rickinnocal 7 · 4 0

IN SIMPLE TERMS: Appellate attorneys sit in judgment on the conduct of cases and application of law; not people. Appellate attorneys do not apply their trade and try cases before juries.

Regardless of what your loved one wants or needs, it has no bearing on how an appellate judge or court will decide their case. It is not a matter of he said and she said; the appellate court is not where felony cases are tried. They may look at a case on appeal, but they are not reviewing the evidence presented in the original case and judging the defendant(s)per say; they are reviewing the conduct of the court with respect to existing law---if the court conducted itself properly, there will be no appeal granted.

2007-12-28 12:27:51 · answer #4 · answered by Bwana 3 · 1 0

You have a " loved one " that you want to get legal help for. It is a serious case and you want credentialed lawyers. Yet you are seeking advice from people that you can't even look in the eye ??? Strange to me !!!!! Consult with the local bar association, by phone or in person for a reference to an attorney. Pay the attorney for a hour of his/or her time, explain your situation and ask for a recommendation of an attorney. If you can't do this or don't want to spend the money, you are fooling only yourself.....because you're not fooling us anymore.

2007-12-28 12:18:19 · answer #5 · answered by Anonymous · 1 0

Dan Webb is generally considered one of the best litigators in the country. He specializes in criminal defense work (his most recent case was the defense of former governor George Ryan - if you're from Illinois, you probably have heard about the case).

I'm not sure what you're chances of hiring him are, but if you want the best in the legal profession, Mr. Webb is right up there. Even if you can't get him, Winston and Strawn (the firm he works for) should have other very qualified lawyers.

Hope this helps!

2007-12-28 12:15:18 · answer #6 · answered by jt_the_american 2 · 0 0

I can recommend an attorney to you her name is Kathleen Colton she is in Batavia, IL. I have used her in the past for my fiance who is currently incarcerated for a case which I did not use Kathleen on, She is a good attorney, she deals with all kinds of cases so why not give her office a call. Good luck!

2007-12-28 13:02:47 · answer #7 · answered by rodrign82 2 · 0 0

what are you trying to appeal? was he correctly convicted? if he has a criminal atty and they think there was a true miscarriage of justice, then that attorney will file an appeal. i'm thinking there is nothing to appeal.

2007-12-28 12:17:30 · answer #8 · answered by Anonymous · 0 0

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