Appeals attorneys are highly skilled legal researchers who excel at analyzing case records and trial outcomes to develop a strategy that will succeed at the appeals court.
Appellate lawyers are often hired by private law firms or government agencies. They are responsible for preparing and defending cases that go to appeals, including drafting briefs and arguing before a panel of judges.
Experience
Appeals attorneys have extensive experience in all stages of the appellate process, from drafting and editing briefs to making oral arguments before panels of judges. They may have served on the appellate staffs of the federal and state departments of justice, on the courthouse steps or in a high-profile trial firm.
Moreover, they are well-versed in the law governing appeals and will be able to explain it to you in terms you understand. They will also be able to identify the best course of action for your particular case.
Ideally, you want a lawyer who has handled multiple appeals of similar complexity and possesses the requisite skill set to handle your case. This is not an easy task, and it requires the skills of a seasoned pro. A good place to start is by asking your attorney if they have ever won an appeal. A win is the most satisfying, but it will take some time and dedication to achieve.
Case Analysis
Appeals attorneys are trained to analyze cases in terms of law and judicial doctrine. They will focus on the issues that may be reviewed independently by an appellate court, while avoiding those that will only be reviewed under the deferential "substantial evidence" standard.
In addition, appeals attorneys can help clients understand the role of the appellate court versus trial courts and the difference between review on the record and standard of review. Moreover, they can explain to clients that appellate judges are individuals who do not reach their decisions in a moral or emotional vacuum.
Clients can range from those who approach the appeal process motivated by a purely emotional desire to redeem a defeat at the trial court, to institutions such as insurance companies, governmental entities or large businesses that conduct a significant amount of litigation. For the latter, the analysis of economic costs and benefits will often be the most important advice that a lawyer gives them.
Oral Arguments
Oral argument is the next major step in an appeal after briefs are filed. Appeals attorneys present their arguments orally to a panel of appellate judges and answer questions from the justices.
The most important factor in successful oral argument is preparation. Appeals attorneys need to know the appellate record well, and be prepared to shift gears quickly in response to the questions of the judges.
To prepare for oral argument, it is necessary to read the briefs carefully, and also to have an outline of the important points to be made in the presentation. You should also have copies of pertinent record materials, legislative history, and other important cases available for the judges if they request them.
In addition, appeals attorneys should not make any concessions to a judge during oral argument that weaken the core of their position. This may seem counterintuitive, but if you do not have a strong case, it is unlikely that the Court will rule in your favor.
Writing
Appeals attorneys must be excellent writers and clear thinkers. Their writing skills help them craft persuasive legal arguments about why a trial judge or agency made a mistake in deciding a case.
First, appeals attorneys review the entire record to identify any potential errors. This process can take days of work.
Second, they research which of these errors may be the strongest basis for reversal. Depending on the complexity of the issue, this can require extensive research into case law and precedent.
Third, they write a brief that summarizes their findings, explains why reversal is required, and sets out the legal facts that support this argument.
Appellate attorneys often must re-examine evidence that has been forgotten or ignored by the original trial court judge. They must be able to organize these complex pieces of evidence in a manner that allows judges and clerks to understand them quickly and easily.
Appendices
Frequently Asked Questions (Faqs)
Q: What is the main role of an appeals attorney?
The main role of an appeals attorney is to represent clients in the appeals process. This involves reviewing the lower court's record, identifying potential legal errors or issues, and making legal arguments to a higher court to reverse or modify the lower court's decision.
Q: What types of legal arguments do appeals attorneys make?
Appeals attorneys can make a variety of legal arguments, depending on the specific issues in the case. Some common types of legal arguments include arguing that the lower court made an error in applying the law, arguing that there was insufficient evidence to support the lower court's decision, or arguing that the lower court violated the defendant's constitutional rights.
Q: What is the difference between a civil appeals attorney and a criminal appeals attorney?
Civil appeals attorneys handle appeals related to civil cases, such as disputes over contracts or property. Criminal appeals attorneys handle appeals related to criminal cases, such as convictions for crimes like murder or robbery.
Q: How does the appeals process work?
The appeals process involves filing a notice of appeal with the appropriate court and submitting a brief outlining the legal arguments in the case. The parties may also have the opportunity to participate in an appellate oral argument. The appeals court will then review the record of the lower court and issue a written decision.
Q: Can an appeals attorney also handle a case at trial?
Some attorneys may handle both trial and appeals cases, while others may specialize in one or the other. It is important to discuss an attorney's experience and qualifications in both areas before deciding to hire them for a case.
Addition Resources
- https://www.brownstonelaw.com/