Appeal Merit Assessment is a critically important consulting service for those who have lost a case in the court of first instance or had their claims only partially satisfied. Before deciding to file an appeal, it is essential for a professional lawyer to objectively evaluate the chances of success. Appellate litigation involves time, additional costs (state duty, lawyer fees), and risks. Often, a decision to appeal made emotionally is futile because there are no legal grounds. This service involves a detailed audit of the court's judgment and case files, resulting in an objective conclusion: is it worth continuing the fight? Legal.ge offers unbiased experts who will protect you from wasted expenses and disappointment, or conversely — identify solid legal grounds for overturning the decision.
What Does Appeal Assessment Cover?
The service does not imply drafting the complaint itself, but preparing a conclusion on its feasibility. Specialists perform:
- Legal Analysis of the Judgment: Checking whether the judge correctly interpreted and applied the law and if there are violations of substantive or procedural norms.
- Assessment of Factual Circumstances: Verifying if the court's conclusions correspond to the evidence in the case and if all significant facts were investigated.
- Risk and Cost Calculation: Providing the client with information about expected costs (court fee up to 4%), deadlines, and what happens in case of loss (e.g., paying the other side's costs).
- Strategic Recommendation: A conclusion on whether it is better to appeal, settle, or comply with the judgment.
- Admissibility Check for New Evidence: Submitting new evidence in the Court of Appeals is restricted; the lawyer evaluates if you have the right to do so in your specific case.
Real-World Scenarios Where You Need an Assessment
For example, you lost a monetary dispute. Your lawyer advises appealing, but you want a "Second Opinion" from another specialist to ensure this isn't just a way for the lawyer to earn extra fees. An independent expert from Legal.ge reviews the case and tells you that the judge's decision is legally flawless and appealing will only increase costs. In another case, the first-instance lawyer might have missed a significant procedural violation (e.g., inaccuracy in the hearing minutes), which is a strong ground for appeal. This detail revealed during the assessment could become the key to winning the case.
Georgian Legal Framework
Appeal assessment relies on the appellate proceedings chapter of the "Civil Procedure Code of Georgia". The Code strictly defines the grounds for appeal: a decision can be appealed if it is factually or legally unsubstantiated. It is important to know that the Court of Appeals (Tbilisi or Kutaisi) reviews the case within the scope of factual circumstances, but the submission of new facts is limited. Also to be considered is the 14-day appeal deadline from the handover of the reasoned decision. A qualified assessment checks whether your grievances meet these statutory criteria.
The Process Step-by-Step
The process begins with handing over documents: you provide the Legal.ge specialist with the reasoned judgment and the claim/counterclaim. The lawyer performs a deep analysis — reading the judgment, looking for inconsistencies with the law and court practice. Then, a legal opinion (Memo) is prepared, stating the estimated percentage of success and a recommendation. If necessary, a consultation is held where the lawyer explains the strategy. This process is usually completed in 2-3 days because appeal deadlines are short.
Why Choose a Specialist on Legal.ge?
An appeal is often the last real chance to win a case. A wrong decision at this stage is costly. Legal.ge allows you to find specialists who specialize specifically in appellate law and possess analytical thinking. Make an informed decision with the help of an independent professional and do not throw money away on hopeless disputes.
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