Appeal or Retry? When to Call a Litigation & Appeals Lawyer

If you’ve been through a tough trial and didn’t get the result you hoped for, you might wonder: Should I appeal, or should I try the case again?

This is a big decision, and it’s not always easy to know the right path. That’s where a litigation and appeals lawyer comes in. They understand both trial work (litigation) and the appeals process. In this article, we’ll explain:

• The difference between an appeal and a retrial
• When an appeal is a better choice
• Why having a lawyer who does both is a smart move

Let’s break it down in simple terms.

What’s the Difference Between an Appeal and a Retrial?

First, let’s make sure we’re clear on the basics.

• An appeal is when you ask a higher court to review what happened in your trial. You’re not starting over—you’re arguing that mistakes were made in your case, like a judge’s wrong decision or the misuse of evidence. The appeals court won’t hear new evidence or new witnesses. It only looks at what happened in the trial.
• A retrial is when you go back to court and have the case heard again. This usually happens when a court rules that the first trial was unfair for some reason. In a retrial, you can present new evidence, call witnesses, and have a jury reconsider everything.

When Is an Appeal the Better Choice?

Not every case can or should go to retrial. Here are some situations where an appeal might make more sense:

The judge made a legal mistake.

For example, let’s say you were in a business dispute, and the judge used the wrong legal standard to decide your case. That’s a legal error an appeals court can review.

Evidence was unfairly left out or included.

Imagine you were in a personal injury case, and the court didn’t allow important medical records to be shown to the jury. Or the judge let the jury hear something they shouldn’t have, like private settlement talks. These are common reasons for an appeal.

The process wasn’t fair.

If your trial had serious problems—like a biased jury or your lawyer wasn’t allowed to fully defend your case—an appeal can ask the court to fix these issues.

You don’t want to start over.

An appeal is often faster and less costly than a retrial. You’re asking the court to correct specific mistakes, not redo the entire case.

When Might a Retrial Be Better?

Sometimes, a retrial is the right path. This can happen when the appeals court agrees that the original trial was unfair in a way that can’t be fixed with a simple change.

For example:

The jury was biased or had access to outside information.

The trial judge was unfair or made major mistakes that affected the entire case.

Key evidence was never considered, and it’s too important to ignore.

In these cases, a retrial lets both sides present their case again, and the jury makes a fresh decision.

Why You Need a Litigation and Appeals Lawyer

Here’s the important part: Not every lawyer is skilled at both trials and appeals.

• A litigation lawyer knows how to build a strong case, present evidence, and argue before a jury.
• An appeals lawyer focuses on legal research, writing arguments, and understanding how appeals courts think.

But when you work with a lawyer who does both, you get the best of both worlds.

A lawyer who knows the trial side understands the details of your case. They can spot where mistakes were made and explain them clearly to the appeals court. If you need a retrial, they can jump back into the courtroom and fight for you again—without wasting time learning your case from scratch.

Having a lawyer who can handle both litigation and appeals gives you a better chance at turning things around. They know how to argue your case in front of a jury and how to persuade a panel of judges. That’s a powerful combination.

Don’t Guess—Get Legal Advice

If you’re unsure whether to appeal or retry your case, don’t try to figure it out alone. A litigation and appeals lawyer can review your case, explain your options, and guide you through the process.

The right legal strategy can make all the difference in the outcome of your case. Don’t give up just because the trial didn’t go your way—there may still be a path forward.