Generally, the moment the client loses the trial, the first question is “Can we appeal”? To answer this question, it requires an in-depth analysis of facts in the case and the relevant law that abides it. Appeals Attorney is the person who can take the case forward by bringing an appeal in the client’s jurisdiction. Trial lawyers may feel that the case can be handled by them, but it is not true as trial lawyers do not possess a certain set of skills and professionalism required to appeal. Appeal attorneys start their act where trial lawyers finish. Knowledge of the court and its judges is equally necessary to appeal and likely succeed. Only an appeals attorney can understand the proceedings in court while appealing and come out with a solution for their clients.
An Appeals Attorney can gain the facts of the case and find out errors in it to appeal to a higher court. Trial judges do not have the competencies to tackle appeal hearings and are not able to frame the right solution to clients. Trials that are lost are very hard to appeal for in the court of law. Only an experienced and professional Appellate Attorney who has an acute knowledge of preparing the case brief can handle case proceedings. They are trained to look for a new perspective in the ongoing case to appeal in the higher courts.
Certain qualities make appeals attorney most likely to take up appeal cases which are discussed below:
Appeal Attorneys have the required skill sets:
To appeal for a lost trial, it’s very necessary to know the court proceedings. This task requires a lot of paperwork, research, fact-finding, and writings. Appeal attorneys have all these skills to bring forward the right case brief in front of the judges. On the other hand, trail judges are not designated to appeal for lost trials, and there are favorable chances of their appeal being put down. Trial judges are good at cross-examining witnesses which are not required in appeal. Appeal attorneys, on the other hand, are exquisite, organized, problem solvers, and possess very good communication skills. These qualities give Appeal Attorneys an upper hand over the trial lawyers.
Appeal Attorneys can bring a fresh perspective to the case:
Appeal attorneys are in-depth research, and finding of facts try to bring out new perspective to the case to appeal in front of the panel of judges. The art of finding out a new perspective from old trials is only capable by Appeals Attorneys. They can find out a new perspective by making continuous study and in-depth research that help them to find errors in the previous trial. These errors are then framed in front of the jury in the form of appeal to a higher court. Many times clients are not able to get the right outcome from cases the reason being they hired trial lawyers. Trial lawyers cannot bring about a new perspective. If they would have the case could have been won in the trial phase itself.
Appeals Attorney has a different audience as compared to Trial Lawyers:
Though Appeals Attorney and trial lawyers share a lot of the same attributes, their audiences are different. Trial lawyers argue in front of the jury whereas appeals lawyer arguments take in place in front of a panel of appellate judges. Trial lawyers argue on facts and look for credibility whereas appeals attorney provide legal arguments concerning the errors in the trial made by the trial judge. Trial judges generally ask questions to trials and also have the right to move away from the topic whereas appeals attorney have no questions asked during opening argument or summations.
Appeals Attorneys put in a lot of time in the case:
Appeals Attorneys work is much focused on their clients and requires a lot of time to get things together. Some steps involved in preparing an appeal for clients are mentioned below.
- Appeal Attorneys have to timely file Notice of Appeal
- Compiling and doing in-depth research of the case to find potential appellate issues.
- In-depth research and preparation of the appellate brief.
- Preparation of oral argument in front of the jury of judges.
To get the above-done Appeal Attorneys to require a lot of dedication and determination, unlike the trial lawyers who take up many cases at once and have no written work and research as such. Taking an appellate counsel to handle your appeal is rewarding.
Appeal Attorneys are well versed in the rules of appellate procedures and are best for clients looking to appeal their case at a higher court. They are much dedicated and can bring a new perspective to the case which is required to appeal. Appeal Attorneys have the knowledge of appellate law both procedural and substantive, which gives them an upper hand over other attorneys.