Losing a court case is not the end of the road. A final verdict not in your favor can leave you feeling out of options. However, the legal system provides you with a pathway for review, known as an appeal.
Keep in mind that an appeal is not a retrial. It is a formal request to a higher court to review the proceedings of the lower court for legal errors. This is where you need an appellate lawyer.
The Core Role
So, what does an appellate lawyer do?
An appellate lawyer meticulously reviews the court transcript, motions, and evidence. The ultimate goal is to convince the appellate court that the lower court’s decision was either legally incorrect and should be reversed, or legally correct and should be upheld.
The lawyer:
- Finds and analyzes legal errors in the lower court’s verdict
- Creates convincing written arguments in an appellate brief
- Clarifies your position to the appellate judge through oral arguments
Identifying Errors to Ensure Fairness
An appellate lawyer identifies specific legal errors made by the trial judge or jury. The common types of legal errors include:
Procedural Errors
- Improperly admitting or excluding evidence
- Incorrect jury instructions
- Denial of a fair trial
Errors of Law
- Misinterpreting a statute
- Ignoring legal precedent
- Constitutional violations
Errors of Fact
Appellate courts generally do not re-evaluate facts. However, a “clear error of fact” can be a basis for appeal.
Defending Valid Decisions to Maintain Stability
An appellate lawyer representing the prevailing party protects the lower court’s decision by:
- Providing additional legal support
- Arguing that the claimed errors did not affect the outcome of the trial
- Showing that the lower court followed the established procedures
Shaping Case Law to Influence the Future
Sometimes appeals filed in the appellate court affect the law itself. Such decisions can create new legal precedent or give new interpretations to existing laws. Appellate lawyers in such cases help in shaping the law. One good example is Miranda vs. Arizona.
The police obtained Miranda’s written confession without informing him of his rights. That written confession was used as a key piece of evidence against him.
The U.S. Supreme Court’s landmark 1966 decision in Miranda v. Arizona established and mandated the Miranda Warning.
The Appellate Procedure
Filing the Notice of Appeal
Once the lower court has delivered its verdict, the attorney files a Notice of Appeal with the appropriate court within a deadline (usually 30 days). You almost always lose your right to appeal if you miss the deadline.
Compiling and Reviewing the Trial Record
The attorney assembles, reviews, and analyzes the trial record (court transcripts, evidence, exhibits, motions, and the judge’s rulings) to pinpoint specific legal errors that were properly preserved.
Writing the Appellate Brief
The appellate brief is a detailed, written legal argument submitted to the appellate court. The majority of decisions in the appellate court are based on the appellate brief.
Presenting Oral Argument
If the court allows, the lawyer presents their arguments directly to a panel of appellate judges.
Receiving the Court’s Decision
The appellate court issues a written decision, upholding, overturning, or vacating and remanding the trial court’s decision.
When to Hire an Appellate Attorney
In many jurisdictions, you have a 30-day window to file a Notice of Appeal after the final judgment. Many people believe that they need an appellate lawyer only after the verdict has been reached.
However, involving an appellate specialist from the very beginning of a case provides strategic advantages, such as issue preservation, and identifying and documenting errors during the trial.
Keep in mind that the other party also has the right to file an appeal. Hiring an appellate lawyer is a proactive approach.
Essential Skills
Make sure your appellate lawyer has the following skills:
Attention to Detail
If you miss the deadline or even a key step in the process, the court may dismiss your appeal. So, make sure your lawyer is highly organized and pays attention to court rules, deadlines, and other details.
Strategic Thinking and Issue Preservation
Appellate courts generally do not consider arguments that were not raised in the trial. So, a strategic mindset is essential to identify and prioritize the strongest legal arguments.
Research and Analysis
The lawyer needs these skills to analyze case law, statutes, and legal precedents. These skills are essential to identify and analyze past court decisions that can support their arguments.
Writing and Oral Advocacy
The lawyer must be able to craft a concise, logical, and compelling narrative to highlight legal errors. The panel of judges often asks difficult questions. Your lawyer must think on their feet to clarify their arguments.
Key Questions to Ask
So, what are the questions to ask your attorney about your case?
- Are you an appellate specialist?
- Have you handled cases similar to mine?
- What are the strongest appealable issues in my case?
- What is your strategy for writing the appellate brief and preparing for the oral argument?
- How do you structure your fees?
- How will we communicate, and how often?
Conclusion
An appellate lawyer brings a unique set of skills to navigate the complex appellate process. Unlike a trial lawyer, an appellate lawyer focuses on pinpointing errors in the trial record and crafts compelling arguments to achieve a successful outcome.
Need help with your appeal? Contact the experienced attorneys at Brownstone Appellate Law Firm today for a consultation.
What is the main difference between a trial lawyer and an appellate lawyer?
A trial lawyer gathers facts, interviews witnesses, and builds a case to present evidence and argue in a courtroom. An appellate lawyer specializes in legal research and written arguments. An appellate lawyer identifies legal errors and argues before the appellate court.
Can I present new evidence during an appeal?
The appellate court reviews the trial record, which includes the evidence, testimony, and legal arguments. You cannot present new evidence during an appeal. However, there are some rare exceptions. Discuss your case with us for more details.
Why should I hire an appellate lawyer if I already have a trial lawyer?
An appellate lawyer is an expert in legal research and written advocacy. They can help identify legal errors from the trial and build a strong written argument.
What constitutes a legal error that can be appealed?
The most common types of legal errors include:
- Errors of law
- Procedural errors
- Errors of fact
How long does the appeals process typically take?
The timeline greatly depends on the following factors:
- Jurisdiction
- Case complexity
- Court's caseload
- Briefing schedule
The process can take anywhere from several months to over a year.
