What to Consider When Hiring an Appellate Attorney

After you lose a civil or criminal case in a trial court, you are entitled to appeal the judgment in the appellate court. You can use the same lawyer who presented your case in the trial court or hire an appeal lawyer. Consider that the appellate procedure is different from the trial court proceedings. It is often beneficial to hire an appeal attorney to bring a fresh perspective to the case. Furthermore, it will increase the chances of winning an appeal.

If you are wondering how to hire the best appellate attorney for your case, read the following guide.

Hire a Specialist Who Handles Only Appellate Litigation

You may have hired an excellent lawyer to handle your case in the trial court. However, appellate litigation requires an appeal attorney who knows the appellate process very well and has a primary practice in appellate court. In some cases, petitioners hire appellate attorneys and trial lawyers, creating a team to get the best chance in an appeal.

Should You Select an Appellate Attorney from a Different Firm?

Most law firms will have a set of trial attorneys and appellate attorneys. You can choose the trial lawyer’s colleague as the appellate lawyer for your case, but it could bring unnecessary trouble to the team. If the appeal lawyer has any personal conflict with your trial lawyer, it can become detrimental to the case. It’s beneficial to choose an appeal lawyer from another law firm who can bring a different perspective to your case.

Review the Appeal Lawyer’s Qualification

Selecting an appeal lawyer based solely on reputation is not an effective way to choose one. A lawyer who is good on paper may not satisfy your expectations and requirements. It’s essential to meet the person and understand their prior experience in handling appellate litigations. You should also find out if the appeal lawyer is willing to work with the trial lawyer on the case as a team to increase the chances of winning. The right appellate lawyer can help you shape the strategy for your appeal and help you through the entire process.

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3 Elements That Make a Good Appellate Brief

An appellate brief is your best chance to argue why the reviewing court should reverse or affirm a lower court’s judgment. Most appeals are decided without an oral argument. Even in instances where there is an oral argument, judges believe that briefs have been far more critical in the decision-making process.

An experienced appeal lawyer understands the importance of a good brief and has the experience to address the needs of each case. Having prepared countless appellate briefs over the years, here are a few things that we consider very important.

1.Present the Most Relevant Information First

It is customary to begin a brief with the events that led to the controversy and a short description of the proceedings. However, creatively packaging your arguments can help clinch the deal.

For example, the Supreme Court was asked to consider the interpretation of two complex, interrelated statutes: one involving regulation by the FDA and the other concerning patent law. The winning brief opened its argument with a four-page description of the statutory scheme. Not one sentence of this description was disputable or argumentative. The passage also gave the Supreme Court the framework to understand the complete brief, including the statement of facts and the conclusion.

2.Don’t Argue Facts

Unless it is necessary, experienced appeal attorneys stay away from disputing facts. Instead, they attack the issue of law. It is the job of the lower court to evaluate evidence and make an informed decision about facts. Appellate courts prefer to stick to the factual findings decided in the lower court.

3.Understand the Standard of Review

The Standard of Review provides criteria upon which the case will be heard. The appellate court will decide a case based on the standard of review, so briefs must always be drafted based on the Standard of Review.

But the most important thing that every appeal attorney must do is review and edit the brief several times to look for mistakes, including removing unnecessary words, jargon, and adjectives.

Are you looking for federal appeals attorneys? Visit us today to schedule a free appointment!

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from The Candid Review, Appeal Lawyers & Blog https://www.brownstonelaw.com/blog/3-elements-that-make-a-good-appellate-brief/
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