What Does an Appellate Attorney Do and Why Might You Need One?

What is an Appellate Attorney?

An appellate attorney specializes in handling cases after a decision has been made in a trial court. Their primary responsibility is to represent clients during the appeals process, challenging or defending the legal rulings of lower courts.

Unlike trial lawyers, who present evidence, question witnesses, and argue before a jury, appellate attorneys focus on legal arguments made in written briefs and sometimes in oral arguments before appellate judges. The goal of an appeal is to determine if legal errors occurred during the trial that affected the case’s outcome.

When Do You Need an Appellate Attorney?

Not every case qualifies for an appeal, and it’s important to understand when you might need an appellate attorney. You may consider hiring an appellate lawyer if:

• You believe the trial court made a legal error. This could involve the misinterpretation of law, improper instructions given to a jury, or improper admission of evidence.
• There was a procedural error during your trial. If you feel the court failed to follow legal procedures, resulting in an unfair trial, you may have grounds for an appeal.
• Your case was dismissed unfairly. If your case was dismissed in a manner you believe was unjust, an appellate attorney can help you contest the dismissal.
• You received an unfavorable ruling. If you lost your case and believe the decision was legally incorrect, an appeal may provide you with a second chance.

What is the Appeals Process?

The appellate process begins after the trial court has rendered a final judgment or ruling. Here’s a simplified overview of how the process works:

1. Filing a Notice of Appeal: The first step is to file a notice of appeal, which must be done within a specific time frame after the trial court’s decision (often 30 days). Missing this deadline can forfeit your right to appeal.
2. Record on Appeal: The appellate attorney will review the trial court’s record, which includes transcripts, evidence, and pleadings, to identify any potential errors.
3. Written Briefs: The core of an appeal involves submitting written briefs to the appellate court. These briefs explain why the trial court’s decision should be reversed or upheld. The appellant (the party appealing) submits an opening brief, and the appellee (the opposing party) submits a response. The appellant can also file a reply brief.
4. Oral Arguments (in some cases): In some cases, appellate courts allow attorneys to present oral arguments, where they answer questions posed by a panel of judges. These arguments focus on points of law rather than rehashing facts from the trial.
5. Appellate Court Ruling: After reviewing the briefs and hearing arguments, the appellate court will issue a decision. They may uphold the original ruling, reverse it, or remand the case back to the trial court for further proceedings.

Why Hiring a Skilled Appellate Attorney is Critical

Appeals are complex, technical, and require a different skill set than trials. Trial attorneys focus on presenting evidence and building narratives, while appellate attorneys specialize in researching, writing, and presenting persuasive legal arguments. Here’s why hiring a skilled appellate attorney is essential:

• Mastery of Legal Research: Appellate attorneys excel in legal research and are skilled at identifying precedents, legal principles, and statutes that may not have been properly applied during the trial.
• Clear and Persuasive Writing: Written briefs are the cornerstone of any appeal, and they must be clear, concise, and persuasive. Appellate attorneys are experienced in crafting compelling arguments based on law and precedent.
• Understanding of Appellate Rules: Each appellate court has specific procedural rules that must be followed precisely. Missing deadlines or failing to adhere to these rules can result in dismissal of the appeal. Appellate attorneys ensure all requirements are met, improving the likelihood of success.
• Objective Analysis: Appellate attorneys provide an objective review of the case. Because they were not involved in the original trial, they can evaluate the case impartially and focus on legal errors rather than emotions tied to the trial.

If you’re considering an appeal, it’s important to hire an appellate attorney who specializes in this area of law. Appeals involve nuanced legal arguments and strict procedural rules that are best navigated by someone with experience in the appellate courts. Whether you’re appealing a civil or criminal case, an appellate attorney can provide the expertise needed to ensure your legal rights are protected and give you the best possible chance for success.

If you think you have grounds for an appeal or simply want to explore your options, don’t hesitate to reach out to me for guidance.