Can I raise new arguments in appeals Court bc my atty failed to raise args and evidence directly relevant to my case.

Asked over 1 year ago - New York, NY

My attorneys failed to bring arguments and evidences that directly affected the merits of my case. For exam, i was sued for fee applcation account stated and they never raised the objections I had or evn asked for my affidavit. They also didnt tell the Court abt my intention for malpractice against the atty who filed his fee app. Now i have a jdgement against me for fee. I want to appeal the account stated but all the objections and events that took place never made it in at the trial court level due to oversight by the attys.

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . Certain legal arguments that appear on the record can be reviewed on appeal even if not raised below but it is technical stuff. Generally, any fact arguments are not preserved for appellate review if not raised in the lower court.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Rixon Charles Rafter III

    Contributor Level 20

    5

    Lawyers agree

    Answered . Short answer: 'no'.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You cannot likely raise issues that were not raised at trial. It sounds like you want to re-try the case differently. These are attorney judgment calls that will not be overturned by the court simply because you want a new or different trial. If you do have a right to a new trial on other grounds or your counsel was ineffective (legally, speaking) that's a different story. It's worth a consultation with a new attorney with eye toward reviewing the work of the old attorney. But in short, your disagreements with the lawyer's strategy alone won't form the basis for appellate arguments.

  4. Ronna L. Deloe

    Contributor Level 12

    2

    Lawyers agree

    Answered . Your scenario is complicated but there is another answer here -- you may be able to raise ineffective assistance of counsel in an appellate court despite what you are being told here. I have done so a few times and while it doesn't usually work, it doesn't mean you can't raise it. I raised it because my clients asked me to and they honestly had no other argument. So it doesn't usually work, but it doesn't mean you can't raise it. You need an appellate attorney, someone who knows their way around the appeals courts with ease and who does appeals like yours. Appeals attorneys are specialized and do this all the time. You will not, however, be able to raise new arguments or new evidence. Not on an appeal. Another way to attack a judgment is to find an attorney who may be able to help you re-open your case. It depends on the facts which are not sufficiently stated here. Best of luck to you.

    If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly. The... more

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