An appeals attorney can help you contest a ruling that has gone against you. Appeals lawyers take an objective look at the case and can make suggestions that will improve your chances of success.
An experienced appellate attorney can add value to your case from the very beginning. This includes helping with a statement of facts, developing a logical progression of legal arguments, and recruiting amicus support. Book Now.
Appellate attorneys must have superior research and writing skills, in addition to an excellent understanding of state and federal laws and precedents. They also need to be skilled oral advocates. Those seeking careers as appellate lawyers should consider law schools that offer clerkships in the appellate courts. Experts say that a clerkship will make a lawyer much more likely to be hired as an appellate attorney.
Moreover, a well-versed appellate lawyer will be able to provide an objective assessment of trial proceedings that trial counsel has been immersed in on a day-to-day basis for months or even years. This can be especially important in cases where the case’s viability and presentation may change over time.
In many situations, it makes sense for clients and general or trial counsel to include appellate counsel from the outset of the case. This will help them in establishing better case presentations and increase opportunities for successful litigation. It can also reduce the risk of costly exposure to adverse rulings on appeal.
Issues of law
Unlike trial lawyers, who focus on facts and presentation, appellate attorneys are skilled at interpreting the law. They also have the ability to distill and explain legal philosophy and principles, a talent that can be critical to winning an appeal. This natural aptitude is combined with years of training and experience in the field of appeals, and they know how to present arguments clearly and persuasively in writing or orally.
Depending on the complexity of a case and the potential risk, it may be necessary to hire an appellate attorney at the pretrial stage of litigation. This is especially true if the case is significant from a precedential standpoint or has substantial exposure. Involving appellate counsel at this point can limit the issues that must be decided on appeal and even result in a victory on a motion before trial, thus saving time and money. This can also be an effective way to signal to the court that the party retains confidence in its position and does not intend to settle.
Preparation of briefs
The preparation of briefs by an appellate attorney is one of the most important aspects of the appeal process. This is because it is the primary way for attorneys to communicate with judges. The brief explains why the trial court’s decision should be reversed or upheld. It also helps judges understand what happened at the trial level and how it relates to the appeals case.
An experienced appellate lawyer can prepare compelling reports that will give the court a clear understanding of the case’s issues. They can also prepare and conduct oral arguments if the court permits them to do so.
Having an appellate lawyer on a litigation team can help clients and general or trial counsel achieve more favorable outcomes. Adding this type of expertise to cases at an early stage makes sense, especially in litigation involving major or recurring issues or substantial financial exposure. Moreover, it can save costs by reducing the time needed to handle an appeal.
The decision to involve appellate counsel in nontraditional ways in a case should be carefully considered at every stage. The cost of the attorney’s involvement should be weighed against the value of their work. It should also be weighed against the cost of additional legal services required for the appeal.
A quality appellate lawyer is essential for a fair system of justice. They help to correct errors that occur at trial and during criminal or Family Court fact-finding hearings, and they can often change a judge’s ruling.
Unlike general litigators, appeals lawyers do not focus on developing the most persuasive facts and evidence. Instead, they must identify and develop the legal issues that are critical to a successful outcome. In addition, they must winnow the evidence down to its most important elements and prepare written submissions to the appellate court. They may even be asked to appear before the appellate court for oral arguments if necessary.