Services of Thomas Wade Young

Trials And Appeals

Trial/Litigation

Helping clients find the least expensive workable solutions is my primary objective, but when solutions short of litigation are not possible, I do not shy away from the courthouse.

I have been litigating and trying cases to juries and judges for 26 years, including the very first case assigned to me out of law school.

My jury trial experience includes cases involving contract, personal injury, and medical malpractice disputes and breach of fiduciary duty claims against trustees. I have also tried a variety of trial and administrative cases without juries, including contract, consumer credit, product liability, wills and trusts, employment law, and election disputes.

Although most cases are settled or dismissed before trial, one never knows when a lawsuit is filed whether that lawsuit will be one of the few that reaches trial. The selection of one’s attorney is a decision that should be made with care in all cases. Even when a case ends short of trial, the reputation and ability of your attorney may impact the results you obtain.

The Florida Bar - Board Certified
What is Litigation?

What is Litigation?

Litigation is the term typically used to describe the formal court process through which a dispute is resolved. Litigation encompasses everything between the planning and filing of a lawsuit to the trial, appeal, and collection of any resulting judgment.

Litigation can be time consuming and costly. Parties involved in legal disputes often find that methods of Alternative Dispute Resolution facilitate outcomes that are faster and less expensive than traditional litigation in court.

Appeals

Only seven percent (7%) of eligible Florida Bar members are board certified, and of those fewer than four percent (4%) are board certified in appellate practice. As of 2016, there were only 171 Florida Bar board certified appellate lawyers (out of more than 102,000 members). I am proud to be one of that elite group. According to The Florida Bar, “Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice. Certification is the highest level of evaluation by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.” Not all qualified lawyers are certified, but those who are board certified have taken the extra steps to have their competence and experience recognized.

Board certification and experience make me widely-known and well-qualified to advocate for clients who need to prosecute or defend a case appeals court or supreme court. The rules and procedures on appeal are unique and sometimes tricky. An appeal is not a “do over” or second chance. Appeals courts usually do not consider issues that were not presented to the trial court or that were not “preserved” for review by proper objections. Appeals courts are often required to uphold the trial court even if the trial court committed some error. Some errors are “harmless” and sometimes trial courts are “right for the wrong reason.” Because of the special rules that apply on appeal, I also help trial lawyers who know their limitations and want assistance in preserving and making the arguments most likely to produce the desired outcome on appeal.

Admitted: Florida, Kansas, New Mexico (inactive)