Appellate Practice Lawyer

Appellate law is the area of law that focuses on the process of appealing a legal decision from a lower court to a higher court. It involves reviewing legal issues, trial errors, and procedures in order to ensure that justice is served. Appellate law is distinct from trial law, as it typically does not involve presenting new evidence but focuses on legal arguments based on the trial record.

Appellate litigation refers to the legal process of challenging or defending a case in an appellate court after a trial court has rendered a decision. It is the process of arguing legal issues and presenting arguments to an appellate court in order to obtain a ruling that could overturn, modify, or affirm the lower court's decision.

Appellate litigation may involve:

• Filing appeals: Requesting that a higher court review a lower court’s decision.
• Submitting briefs: Presenting written legal arguments.
• Oral arguments: Advocating for the case before the appellate judges.
• Seeking certiorari: Requesting that the U.S. Supreme Court hear a case.

Appeals are initiated when a party to a case (the appellant) believes that a legal error was made during the trial. The appellant asks a higher court (the appellate court) to review the trial court's decision. Appeals are based on written legal arguments (briefs) and the record from the lower court, including transcripts of the trial and other evidence.

The steps in an appeal generally include:

1. Filing a Notice of Appeal: The appellant must file a formal notice of appeal within a specific time after the trial court’s decision.
2. Preparing the Record: The trial court record, including documents and transcripts, is compiled for the appellate court’s review.
3. Submitting Briefs: Both parties submit briefs outlining their arguments about why the lower court’s decision should be overturned or upheld.
4. Oral Arguments: The parties may present oral arguments before the appellate judges, who may ask questions.
5. Appellate Court Decision: The appellate court issues its decision, which can affirm, reverse, or remand the case for further proceedings.

An appellate lawyer specializes in representing clients in appeals. Their role is to:

• Evaluate the trial court's decision: Identify potential errors in the trial process, including legal mistakes and violations of rights.
• Prepare legal briefs: Write persuasive briefs that argue why the appellate court should overturn or modify the trial court's ruling.
• Present oral arguments: Advocate before the appellate court to explain the legal reasons for a desired outcome.
• Handle post-decision motions: Pursue further legal avenues, such as asking the appellate court to rehear a case or seeking a review by the U.S. Supreme Court.

Appellate lawyers are skilled in interpreting the law, legal writing, and the appeals process, and their work is focused on the legal issues, rather than presenting new evidence.

The exact number of appeals filed annually can vary, but it is estimated that over 50,000 appeals are filed in state appellate courts each year. Federal appeals are handled by the U.S. Courts of Appeals and typically see a smaller volume, with around 40,000 to 50,000 cases being filed annually.

• State Court Appeals: The largest number of appeals are filed in state appellate courts, where the majority of legal disputes are heard, including criminal, civil, family law, and other cases.
• Federal Court Appeals: The federal appellate courts handle appeals on cases involving federal law, constitutional issues, and certain specific cases such as patent disputes, immigration matters, and federal criminal cases.

The volume of appeals in both state and federal courts reflects the ongoing nature of litigation in the U.S. legal system and the importance of appellate law in ensuring fair outcomes.

Almost any case decided by a trial court can potentially be appealed. Common types of cases that are appealed include:

• Criminal cases: Defendants may appeal convictions, sentences, or rulings made by the trial judge.
• Civil cases: Plaintiffs or defendants in civil cases can appeal verdicts, motions, or orders that they believe were legally flawed.
• Family law cases: Custody, divorce, and other family law cases can be appealed if legal errors are believed to have occurred.
• Administrative cases: Appeals can be filed from decisions made by governmental agencies.
• Constitutional challenges: Cases involving claims that a law or ruling violates constitutional rights are often appealed to appellate courts.

• Trial Courts: Trial courts, also known as courts of first instance, are where cases are initially heard. In a trial court, evidence is presented, witnesses testify, and a jury (or judge in a bench trial) determines the facts of the case.
• Appellate Courts: Appellate courts do not re-examine the facts of the case. Instead, they review the legal issues and decisions made in the trial court. Appellate courts focus on whether the law was correctly applied and whether there were any errors that could have impacted the trial’s outcome.

If you want to appeal a case, it’s crucial to:

1. Consult with an appellate attorney: Appellate law is complex, so working with an attorney who specializes in appeals is essential.
2. File a timely notice of appeal: The notice must be filed within the prescribed deadline after the trial court's decision.
3. Gather the trial record: The appellate court will review the trial record, so you must ensure it is complete.
4. Prepare legal arguments: Your attorney will help craft legal arguments to support your appeal.