Things do not always go the way you want to in life, and that includes in court. Cases are not always won in the first trial, and it takes an experienced trial lawyer with the impeccable foresight to give you the best chance possible to win on appeal. Here is why preserving an error can preserve your right to an unimpeded appeal.
Errors Must Be Noted
In case litigation, any errors should be brought to the attention of the court by your legal counsel. This includes stating a reason for the objection. Whether it is objecting to evidence or argument, the objection must be immediate and specific. Without an objection from counsel, the error will go unchallenged and get entered into the record of the case. In essence, it is as if the mistake never occurred.
Objections Need Follow Through
In addition, objections from counsel need follow through to be effective. Even if, for example, the objection to admitting evidence is sustained, meaning that the judge agrees that its presentation was wrong, the jury is still aware of its existence. In this case, a trial lawyer can continue to object until he receives an adverse ruling.
When Adverse is Good
Counsel can ask for the evidence to be struck from the trial record, and if that motion gets denied, the error is considered preserved, even for an appellate appeal. If the motion to strike is accepted, then counsel can request that the jury is told to disregard the evidence. It is at that point that a motion for mistrial can occur, another way to preserve an error for an appeal.
To properly represent clients in a trial setting, legal representation needs to think ahead. Well-timed responses, complete execution and expert knowledge can combine to best serve as legal counsel.