Yes, a lawyer will always increase your chances of success. Appeals are complicated, and if had had a lawyer during the eviction process, it's more likely that you wouldn't need to appeal. Evictions are hard to contest at the trial court level, making an appeal that much more of a longshot, because they're "summary" proceedings that only address the landlord/owner's right to possession and nothing else, so there are fewer issues to appeal.
Generally, appeals require the appellant to show that there was a "reversible error" or "abuse of discretion" by the trial judge, and this is a high standard to meet. It's hard to explain any litigation process in an AVVO answer --you need to hire your own lawyer who can address the particular facts of your situation.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
Yes, most definitely.
The appeal process is quite complicated for most lawyers, and even more complicated for a lay person.
Moreover, there is also a bit of expense involved in terms of the Reporter's Transcript and Clerk's Transcript alone.
It is not possible to explain to you the entire appeal process on this forum. It is imperative that you consult with an appellate attorney if you want to be successful in your appeal.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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