Appeals Lawyer

Your trial court had just one judge or master sitting, or a jury decided the facts of your case. An appellate court is different. It has neither jury box nor witness stand. Rather there is a panel of judges whose decision reflects the collective wisdom of the court. There is no new evidence in the appellate court; its decision is based  on the existing record from the trial court.

Because appellate argument is a conversation between the lawyers and the court, litigants generally sit with spectators behind the bar, not at counsel table. Unlike trial courts, litigants generally have no obligation to appear at appellate court proceedings.

Part of the appellate court’s job is to establish precedent. Unlike the trial court, the appellate court must thus consider not just the facts of your case, but how its outcome might affect future cases.

An experienced appellate attorney is familiar with the specialized rules of the appellate court, and with the members of the court itself. Just like you might not want your electrician installing your plumbing, appellate and trial counsel often have different sets of skills and methods.

Also, it is hard to be a good trial lawyer and an effective appellate attorney at the same time. A trial lawyer is pressured by numerous competing deadlines, whereas appellate brief writing and oral argument preparation require large blocks of uninterrupted time.

That depends upon a number of factors, including your position in the court below, whether you won or lost, how long your trial was, the size of the court record, and the complexity of the issues your appeal presents. Please contact me for a consultation.