Why Do You Need Appellate Lawyers? - PDF document

Why Do You Need Appellate Lawyers? Trial and appellate advocacy are worlds apart . W hile trial courts are for original jurisdiction and involve examination of evidence, appellate practice relates to reviewing the judgment in the trial court and analyzing errors in interpretation of the law. I n general, appellate courts do not decide on issues of fact. Here are a few reasons why you nee d an appeal lawyer for an effective appeal. 1. Trial a nd Appellate Advocates Have Different Skills A trial lawyer is good at gathering evidence, interviewing potential witnesses, forming pretrial and trial strategies, and cross - examining witnesses. They als o excel in making a passionate plea to the jury, creating s olid and convincing arguments, storytelling , and more . Appellate lawyers have strong writing and research skills , and t heir logic skills help them analyze things and extract the necessary elements that could be used to build an effective brief. They need to possess the judgment and wisdom to evaluate what issues are likely to succe ed in an appeal. T he appellate lawyer’s logical and analytical skills can make the difference between winning or losing an appeal. 2. Appellate Lawyers Offer a Fresh Perspective Appeals are primarily decided on what is already presented at trial. Sinc e the trial attorney handles the case initi ally , they develop a core theory to be communicated to the court. T he y choose one perspective while closing off other avenues, which sometimes creates tunnel vision. But an appellate lawyer look s at the records with a fr esh perspective . A different perspective allows for course correction, and in some instance s , develop s a core theory based on the actual record instead of the anticipated record. They can view the case more objectively than the tri al lawyer. 3. Appellate Lawyers Know What Matters Most to Appellate Judges While trial and appellate judges share the same objective of delivering justice and applying the law correctly, they differ in how this is done. A trial case is focused on the facts of the case, but the appellate case starts by reading the brief and bench memos. In an appellate case, the lawyer has one or two briefs and an argument to make an impression. To impress the appellate judge, appeal lawyers must make sure the correct stan dard of review is applied and effectively develop the law . Besides, they must not create a precedence that would disturb cases at the trial level. The argument must not open the floodgates to a litany of frivolous c laim s or confuse an issue of law in a way that could discourage parties from resolving disputes without litigation. Are you looking for federal appeals attorneys to protect your appel late rights? Call 888 - 233 - 8895 to schedule a free consultation. Author Bio : The author writes about appellate practice and helps people choose the right appellate l awyers to represent their case.