Here Are 4 Reasons Why You Should Hire an Appellate Lawyer

Losing a lawsuit in trial court does not have to be the end of the road. You always have the option of filing an appeal. Appellate lawyers can review the trial judge’s ruling and advise you on whether or not to appeal. They can be objective when choosing what to appeal and dismiss because they were not involved in the initial trial court arguments.

Here are four reasons why you should hire an appellate lawyer.

1. Appellate Lawyers Have a Different Set of Skills

Trial and appellate lawyers have many of the same traits, such as an organized and detail-oriented approach, problem-solving abilities, and solid communication skills. However, appellate lawyers have the expertise required for a successful appeal. An appeal necessitates a thorough examination of the case and the judgment. Appellate attorneys are capable of doing so while applying legal principles.

2. Appellate Lawyers Approach the Case with a Fresh Set of Eyes

You have likely spent considerable time on the case, so your point of view and arguments are set in a certain way. Our appeal lawyers in Florida could bring in a new perspective to the case and bring out some points that you may have ignored, increasing your chance of winning the appeal.

3. Appellate Attorneys Know How to Parley with Appellate Judges

The case process is different in appellate courts. Appellate arguments provide detailed legal arguments addressing the trial judge’s findings, jury instructions, and other legal implications, rather than contesting factual matters and credibility assessments. Our Gainesville appellate attorneys are well-versed in the ins and outs of the appellate court procedure and argument styles, making them well-prepared to present a case before appellate judges.

4. Appellate Lawyers Are Experts in Appeal Law

Appeal lawyers are well-versed in the norms of appellate procedure in their respective jurisdictions. For appellate filings, there are critical deadlines and particular processes that, if ignored, can be fatal to an appeal. Our experienced appellate attorneys can walk their clients through the different procedures of an appeal and can answer any questions they may have along the road.

An appeal’s success is determined by the facts of the case, the legislative requirements, and an awareness of the procedural criteria for filing an appeal in the client’s jurisdiction. Knowledge about the appellate court and its judges is also crucial in determining whether or not an appeal is likely to succeed. Trial lawyers generally entice their clients to let them handle the appeal on their own. However, choosing an appellate attorney ensures a higher chance of winning.

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How Does the Appeal Procedure Work?

In the United States’ legal system, a case is first tried in a trial court. Once a ruling has been issued, parties to the case can appeal this ruling. Usually, it’s the losing party that files an appeal. To get the appeals process in motion, an appellate lawyer must be hired. They’ll know where the appeal should be filed, and they could even take a case all the way to the Supreme Court if such is necessary.

An appellate attorney’s work is certainly not easy. They have to seek out errors that were made at the trial court level, as errors could cause the appellate court to vacate the judgment given by the trial court. To understand more about how the appeal process works from start to finish, read on.

Step 1: Hire an Appellate Attorney

If you decide to appeal, the first step is to hire an appellate attorney. Not all lawyers practice appellate law, and attorneys unfamiliar with appellate procedure may help you very little. You must hire an attorney who has successfully handled appeals.

Also, you need to know that an appellate court will only consider arguments that were debated in the trial court. Therefore, you’ll need to file a motion for rehearing certain types of errors before appealing. An experienced appellate attorney will be an asset at this stage, and with their guidance you’ll have a better chance of getting the trial court’s ruling vacated.

Step 2: Filing the Appeal

Once you’ve hired an appellate attorney, the next step is to file the appeal. Note that there are specific deadlines you must abide by when filing an appeal. If you miss these deadlines, an appellate court will not take your case. If you’re confused about what’s being asked of you, a knowledgeable attorney can help you understand appellate lingo and regulations.

Step 3: Preparing for the Appeal During the Trial

Keep in mind that an appeal is NOT a new trial. Appellate courts do not accept new evidence, nor do they take testimonies. An appellate court bases its judgement on the documents, evidence, and testimonies that were submitted in the trial court. For this reason, a party to a case should submit as much relevant evidence as possible, as this way nothing is left out for the appeal process.

The trial court clerk will create the record based on the docket and send this to the appellate court. A qualified appellate attorney can help the clerk ensure no information is left out, again increasing the chances that a favorable decision is delivered.

Step 4: Writing the Appeal

The appellate attorney writes the appellate brief to the appellate court. This is where they explain why the trial court’s decision should be reversed. The appellate attorney will work with your trial court attorney to find any errors or mistakes in the judgement. An appellate attorney’s research and writing skills will play a major role here.

Step 5: Presenting the Oral Arguments

The oral arguments is the final step in the appeal process. A qualified appellate attorney who knows the law inside and out will present your arguments to the appellate judges. Based on the arguments, the judges can either reverse the trial court’s decision or uphold it.

When you go to file an appeal, having a skilled appeal attorney is essential. This is why you should consult top appellate lawyers before you get the appeal process in motion. An attorney who specializes in appellate law has a much better shot of securing a successful appeal for their client.

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On What Grounds Are Criminal Convictions Appealed?

The legal process doesn’t end with a criminal conviction. Even if you’ve been found guilty by a trial court, you can appeal to a court of appeals if you believe you’ve been wrongly convicted or received a harsh sentence. When an appeal goes to an appellate court, any of the following scenarios can happen:

• The conviction may be reversed.
• The sentence gets altered.
• A new trial may be ordered.
• An appellate court may withhold the decision of the lower court.

Even after the court of appeals rules on the appeal, the appellee can once again appeal to the Supreme Court. If the United States Supreme Court in Washington, DC decides to rule on the appeal, this will be the end of the appeal process.

Common Grounds for an Appeal

A criminal appeals attorney can appeal a conviction on the following grounds. If the appellate attorney raises a strong argument, the appellate court may overrule the appellee’s conviction.

1. False Arrest

If the arresting officers didn’t have an arrest warrant at the time you were arrested, your case could be overturned on appeal. Also, if the officers violated any search and seizure laws during your arrest, such can result in a successful appeal.

2. Exclusion of Evidence

Before the jury hears the case, the judge holds a special hearing, at which only the defense lawyer and prosecutor are present. Here, the judge decides which pieces of evidence can be presented in court. Sometimes, a judge can get it wrong and prevent exculpatory evidence from being presented to the jury. In such an instance, one can appeal their conviction, citing exclusion of evidence.

3. Insufficient Evidence

Just like judges, juries make mistakes as well. A jury’s verdict can be influenced by emotion or prejudice, and both elements can lead to a conviction without strong evidence. If the prosecution fails to prove beyond a reasonable doubt that an individual is guilty—and the jury goes ahead and convicts when there’s a lack of evidence—an appeal can be made on grounds of insufficient evidence.

4. Ineffective Counsel

Sometimes, a defense counsel will commit legal errors, and these errors may lead to a defendant’s case being presented poorly. If you can prove that the inefficiency of your defense counsel deprived you of your Sixth Amendment right, then you’re entitled to a new trial.

However, one can only file such an appeal if they can prove the attorney’s conduct did not meet the objective standard of reasonableness. Or it must be proven that the attorney was prejudiced.

5. Prosecutorial or Jury Misconduct

If you have proof that the prosecutor or jury engaged in a dishonest act—or you discovered that improper methods were used to convict you—then you’re entitled to a new trial on grounds of prosecutorial or jury misconduct.

Here’s what misconduct can look like:

• Refusing to deliberate.
• Failure to conduct a factual investigation.
• Purposely concealing relevant information.
• Commenting on inadmissible evidence.
• Convicting based on passions and prejudices.

6. Sentencing Errors

The judge is required to state clearly their reasons for a particular sentence. If the judge ignores sentencing rules, then it becomes an illegal sentence. If you can convince the appellate court that you have been sentenced illegally, then the court will order a review of the trial court’s verdict.

If you or a loved one has been falsely convicted—and the appeals process is the logical next step—reach out to Brownstone Law. Robert L. Sirianni has successfully appealed numerous convictions. As a leading criminal appeal lawyer in Georgia, he can deliver the professional assistance that’s needed to appeal a conviction successfully. Contact our team today to find out how we can help you.

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Top 5 Tips for Remote Appellate Arguments During COVID-19

Due to the risks presented to human health by gathering in closed quarters during the pandemic, the majority of court cases are being held remotely. Appellate cases are included in the shift to remote meetings, and for individuals who have an appellate court appearance approaching, this change may be stressful.

If you’ve been notified that your appellate case has been shifted to a remote appearance rather than an in-person session, there are several things you’ll want to keep in mind when you’re preparing for your case to be heard by a judge.

Standard Appellate Court Tips

In any instance, when you’re getting ready to attend an appellate court appearance, you’ll want to ensure that you’re fully prepared to state your case when the time comes. Take a look at the following steps to be certain that you’ve got everything you need to make the most of your appeal.

• Be familiar with the law: While your representative will help you when it comes to the more intricate details of the law, it’s a good idea to have a basic understanding of the laws that impact your case.
• Know the functions of appellate courts: Be aware of what the court is designed to do and know the powers it has to make decisions.
• Practice what you’re asking for very carefully: The best way to get what you want out of your case is to be very clear.
• Know the details of your record: By being well aware of your records, you can help prevent any mistakes from being made in the case.
• Do your best to present a strong argument in a frank, collected manner: The more sense you make during your argument, the less likely you are of having to clarify points along the way.
• Be respectful to the judges presiding over your case: One of the best remote appellate argument tips you can follow is to remain respectful and poised. Judges do not appreciate disorderly conduct or disrespect in their sessions. Even if you’re nervous or frustrated, be on your best behavior.
• Try to remain calm: Legal proceedings can be highly stressful, but do your best to remain calm and focused.

COVID-19 Remote Appellate Argument Tips

While you have most likely covered all of the steps you need to prepare for your case, appearing remotely brings about a few added challenges that you’ll need to face. Follow these remote appellate argument tips in order to have your case proceed as smoothly as possible.

#1- Test Your Equipment Ahead of Time

If you’re meeting with the court remotely, one of the most important remote appellate argument tips to follow involves making sure you’re equipment is in working order ahead of time. Don’t wait until the last minute to test your computer, web camera, conferencing applications, or cell/landline phone.

Perform a practice run of your meeting a day before your case is scheduled. If applicable, meet with your legal representative using the same equipment you plan to use during the case in order to be sure you’re able to connect, and that the other party can see and hear you clearly.

Also, it’s worth mentioning in this remote appellate argument tip that many courts have their arguments pre-recorded and available online. Take a look at this website for oral arguments that the U.S. Court of Appeals for the Second Circuit has prepared.

#2- Keep It Brief

Remote appeal cases might proceed more quickly than in-person court sessions. For this reason, it’s important to keep your argument brief. At the start of your argument, it’s a good idea to present the court with an outline so that you can list the main points of your argument. Address the most important points first, because the court will very likely have you under a time constraint.

The point of this remote appellate argument tip is to ensure that you’re able to say everything you absolutely need to say. The judges will likely have questions for you at the end of your argument, and in order to have your case proceed on a good note, you’ll want to ensure that there’s as much time as possible left for you to clarify your points.

#3- Set a Timer

In addition to keeping your argument as brief as you can, it’s also a good idea to keep track of your time limit. During in-person court cases, a light system is used to let individuals involved in the case know how much time they have for arguments. While this is still true for remote cases, you might not be able to see the countdown from your area.

Because of this, a good remote appellate argument tip involves keeping track of time on your own. Try to have an electronic timer available so that you can avoid losing track of time during your argument.

#4- Cover the Most Important Information First

Again, because your time will likely be short when trying to deliver your argument during your appeal, it’s crucial to cover the most important points first. Address the main issues at the beginning of your argument, keeping in mind what sort of questions the judges will most likely ask you afterward.

Once you have your main arguments covered, you can cover additional pieces of information if you have time, and if covering the topics is necessary for your case.

#5- Be Prepared for a Rush

While it’s common for appellate cases to proceed quickly, having your case handled remotely will likely speed up an already fast session. It’s possible that during your remote session, the judges do not have very many questions for you. In fact, due to the logistic challenges of remote sessions, the judges might not have any questions at all.

While it is important to keep your argument brief and cover the important points first, as mentioned above, don’t sell yourself short.

Because this case is likely going to proceed differently than what you can expect to happen in person, one key remote appellate argument tip is to be ready for anything.

While you absolutely should be prepared to present a brief, concise argument, you should also be prepared to deliver your entire argument uninterrupted if the judges do not stop you from speaking after the time limit passes.

Remote appellate court appearances can be a stressful, challenging event, especially when you’re not familiar with remote conferencing. However, by following these remote appellate argument tips, you’re likely going to be able to conduct your argument during your case quite well.

In addition to following the tips listed above, do what you can to talk with your legal representative before the case begins. These individuals are experienced when it comes to participating in remote court cases and they can help you clarify any confusion you may be experiencing.

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What Are the Common Grounds for Criminal Appeals?

A criminal conviction doesn’t mean it’s the end of the road. Even if you’ve been found guilty by a trial court, you can appeal to the circuit court if you believe you have been wrongly convicted or received a harsh sentence. When an appeal goes to an appellate court, any one of the following scenarios can happen:

• The conviction is reversed.
• The verdict is altered.
• A new trial is ordered.
• The appellate court withholds the decision of the lower court.

Even after an appeal is tried by a circuit court, the defendant can appeal the decision at the Supreme Court. The United States Supreme Court in Washington, DC, makes the final decision in an appeal.

Common Grounds for Appeal

Criminal appeals attorney can cite any of the following reasons to appeal your conviction. Depending on the strength of the argument, the appellate court can overrule your conviction. Here are the common grounds for appeals:

1. False Arrest

If the officers didn’t have an arrest warrant to arrest you, your case could be overturned when you appeal. Also, if the officers violated any search and seizure laws during your arrest, it forms a valid ground for an appeal.

2. Exclusion of Evidence

Before the jury tries the case, the judge holds a special hearing with the defense lawyer and prosecutor. The judge decides which pieces of evidence are to be presented in court. Sometimes judges can get it wrong and prevent exculpatory evidence from being presented before the jury. In such cases, you can appeal the sentence citing exclusion of evidence.

3. Insufficient Evidence

Like the judge, sometimes the jury can make a mistake. They can decide based on emotion or prejudice and convict the defendant even when there isn’t compelling evidence. If the prosecution fails to prove the case beyond a reasonable doubt and the jury goes ahead with the conviction even when there is a lack of evidence, you can appeal the sentence on the grounds of insufficient evidence.

4. Ineffective Counsel

Sometimes your defense counsel commits a legal error and may not present your case strongly. If you can prove that the inefficiency of your trial lawyer deprived you of your Sixth Amendment, you are entitled to a new trial.

However, note that you can appeal only when you can prove that the attorney’s conduct fell below the objective standard of reasonableness and the attorney was prejudiced.

5. Prosecutorial or Jury Misconduct

Another reason to appeal is if you have proof of the prosecutor or jury engaging in a dishonest act or using improper methods to convict you. Then, you are entitled to a new trial based on prosecutorial or jury misconduct.

Some of the common scenarios of misconduct include:

• Refusing to deliberate
• Failure to conduct a factual investigation
• Purposely concealing relevant information
• Commenting on inadmissible evidence
• Convicting based on passions and prejudices

6. Sentencing Errors

The judge is required to state clearly their reason for a particular sentence. If the judge ignores sentencing rules, then it becomes an illegal sentence. If you can convince the appellate court that you have been sentenced illegally, then the court orders a review of the verdict in the trial court.

If you or a loved one has been falsely convicted and needs help with appeals, reach out to Brown Stone Law. Robert L. Sirianni has filed successful appeals for many clients found guilty of criminal charges. As one of the leading criminal appeal lawyers in Georgia, he can provide you with professional assistance for your appeal. Contact our team today to find out how we can help you.

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3 Things to Expect in an Appellate Court

An appeal is a request to the higher court, asking them to review the lower court’s decision. The request is made by either party when they are not happy with the earlier decision. While the appellate court will review the trial record, it does not consider new facts or evidence. Plus, some different procedures and policies govern this process. Appellate lawyers consider a range of circumstances to decide if there’s a possibility for appeal. If you are planning an appeal, here are a few things you should expect.

1. An Appeal Is Not the Same as a Retrial

Often people consider an appeal as an opportunity for a retrial. But the appellate court’s job is only to determine whether the law was applied correctly in the lower court. It is neither a retrial nor a new trial of the case, and appellate courts do not accept new evidence or witnesses. They only look for legal errors in the trial case judgment. Appellate courts only consider reversing an error if the error affects the outcome of the case.

2. Winning an Appeal Does Not Mean Winning the Case

People also wrongly assume that winning an appeal seals the case’s outcome and is as good as winning a case. Depending on the result you are hoping to get, it could mean that you’ve managed to reinstate a dismissed case or given an opportunity to correct a complaint. In some cases, a new trial is scheduled, or a new administrative hearing is advised. Appellate lawyers must advise their clients about the various outcomes before filing for an appeal.

3. Standard of Review Is Important

The standard of review is an essential element that decides the outcome of the case. A standard of review is the appellate court’s criteria to evaluate the lower court’s decision. In the United States, there are different types of standards of review: a question of fact, the question of law, and procedural errors. Some issues could involve a mixed standard of review.

It is essential to work with appellate lawyers who exclusively represent appeals. Their experience helps choose errors carefully, discern the correct standard of review, and prepare an ironclad opening brief. Call us at 888-233-8895 if you want to discuss an appeal.

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15 Best Tips to Build an Appellate Practice

There are several challenges associated with building an appellate practice. Until you are established, it’s unlikely that clients will begin to seek you out. This article will offer essential information on how to build an appellate practice while handling all the challenges of the process. Whether you have been practicing for years or are a new law graduate, these tips to build an appellate practice will help.

1. Work on a Pro Bono Basis

When you are considering how to build an appellate practice, keep in mind that it will take hard work. All the tips below can be done in different orders based on what phase of the process you are in. However, one of the top ways to get started is by taking on a pro bono appeal.

You can often find the option to work on an appeal through a legal clinic, a public defender office, or a juvenile representation office. While there are all sorts of ways to prepare yourself for this sort of work, at some point, you need to jump in and try it.

2. Involve Yourself in Organizations

Learning is an integral part of the process of building an appellate practice. The ABA and state bar associations both have appellate practice sessions with important information. In addition, you can choose to go to conferences, take part in continuing legal education, or engage in other events related to appellate practice.

By putting yourself out there and becoming involved, you’ll also have the chance to broaden your network. In addition, you can get to know others in appellate p

ractice and use them as a point of referral in the future.

3. Offer to Help Other Attorneys

If you are part of a firm and know an attorney currently working on an appeal, you can offer to help them. This might not put you at the head of the table on a case, but it will give you essential practice. In addition, you can learn more about how to build an appellate practice by being around someone who has already succeeded at that.

When you help others, you might have the chance to brainstorm questions and answers for oral arguments, draft appellate motions, or proofread briefs. You’ll also likely get an opportunity to research specific legal issues that will be useful to you in the future.

4. Watch Oral Arguments

One of the best things you should know is that observing oral arguments is easier than you might think. Appellate courthouses are open to the public so you can go in and watch the process when carried out by experts. All you need to do is find a case you find interesting and go in to learn more.

Make notes while you watch and gain more insight into the process. If you don’t have extra time to stop in for live oral arguments, there are other options. Some courts will post video or audio of oral arguments. Visit a few of their websites to find arguments you can view from the comfort of your own home.

5. Create an Amicus Brief

If you heed tip number two on this list, you’ve already started to be involved with organizations. A second part of how to build an appellate practice hinges on that. One of the ways you can be helpful while learning at the same time is by offering to write an amicus brief.

Choose a federal or state appeal that the organization will have some interest in. Then, when you step in and create this kind of brief, you have the chance to network with people who could be future clients. You’ll also get the opportunity to work on your expertise with legal writing.

6. Think About a Clerkship

While many people believe clerkships are only for those straight out of law school, that isn’t true. A clerkship can be just as useful for someone who has been practicing. In addition, taking an appellate clerkship can be a vast source of experience and knowledge.

While working as a clerk, you get to experience the appellate practice firsthand. In addition, you’ll work on your research and writing skills. Finally, a clerkship can provide the chance to get to know and observe the best appellate attorneys in your location.

7. Search for a Mentor

To answer the question of how to build an appellate practice, consider finding a mentor. Choose someone who has experience that you can gain insight from. Depending on your location, there may be a mentoring program through your local or state bar association.

If you decide to take advantage of a program, it typically involves pairing a younger lawyer with someone seasoned and experienced with appellate practice. It could include being paired with a judge. You can also choose an attorney you are inspired by and create a relationship with them.

8. Keep Track of Blogs

Even if you have a mentor, are in organizations, and keep up with other forms of media, don’t forget blogs. You want to be sure you are up to date on developments in appellate law. It’s essential to keep learning and be abreast of new happenings at all times.

Some of the most valuable sites include HowAppealing and SCOTUSblog, but there are plenty of others. Do a quick search and find the blogs that you enjoy reading the most. You will likely come across a blog based on the appellate decisions made in your state, too.

9. Present Programs

If the bar for your state doesn’t have a practice section, set up your own appellate program. The initiative can set you apart from others while you impress the bar and your appellate courts. However, if there’s already a section for appellate, volunteer to present some of the programs.

This is an excellent way to build a reputation and develop your expertise while you choose a topic to present, research it thoroughly, and then share it with others interested in the subject. Another option is to present a program for in-house lawyers, which could strengthen your profile with specific clients. Finally, speaking in public is an excellent way to be seen as an expert in the field.

10. Hone Your Skills

When it comes to how to build an appellate practice, you have to be a great writer. This takes talent, but it also requires effort and practice. Seeking out writing seminars can give you a better grasp on good habits and habits you should avoid. However, keep in mind that legal writing has been changing. Often, briefs are found in electronic format so you need to know how to write for devices.

In addition, moot courts are an excellent option for getting better at argument skills. Even listening to other attorneys talk about the way they go through preparations for oral arguments can help you build skills. Keep working on the things you haven’t yet mastered.

11. Always Do Your Best Work

One way to enhance your reputation is by winning appeals. However, a lot of hard work has to be done to start doing that. Drafting briefs and then asking for input from others can be a great way to keep improving. Be open to criticism to find out what you might need help with and then put effort into improving.

The briefs should be considered as seriously as the oral argument. This takes time so you’ll need to be sure you open your schedule for revisions, checking citations, and doing final proofreading. Sloppy briefing should be avoided because judges will notice.

12. Make Waves in Your Firm

Becoming a top person at your firm is also part of how to build an appellate practice. You can become known as a great lawyer and worker in stages. Those who are at a firm should communicate with trial lawyers about their desire to get involved in appellate practice. Learn all the rules and make sure others are aware you have the answers.

You can also make yourself a source of written help, as well. For example, many trial lawyers love to work with an appellate lawyer in some phases of a case. When you establish a relationship with them and show you can be trusted, you might be asked to take on appeals.

13. Publish Articles and Information

Publishing articles about appellate information is essential since it will go out to a vast audience. In addition, there are many places to distribute the things you write. For example, you can create pieces about appellate issues in magazines, newsletters, books, or the Internet.

The idea is to show how much you have to offer as an appellate attorney.

14. Update Your Website

If you don’t have a website, you need one. Assuming you already have one, make sure it’s in perfect shape. A great bio is a must. This should be updated regularly with your memberships, honors, and other activities. Make sure you show off your specialty to the extent the bar allows.

Add links to writing you did on appellate-related issues. If clients agree, include briefs for essential cases. In addition, you should display descriptive information that ties together to show you are an appellate expert.

15. Find a Way Onto the News

The last tip for how to build an appellate practice involves reaching higher. Sharing briefs with a reporter is an option. When you start winning huge appeals, making comments is also acceptable to do. If you manage to get your photo and name in a local paper, this can also strengthen your reputation. Internet or legal publications are also helpful.

Wrapping Up

When you incorporate the above tips into your drive to become an appellate expert, you’ll start to work your way up the ranks. Remember that even small changes can have huge benefits when you work smartly. So whether you’re starting and learning in moot court or have tons of experience and want to move toward a specialty, these tips to build an appellate practice will help you reach the top.

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