Trials end up with a side losing and the other side winning. In many cases, the losing side wants to appeal the decision made by the court and jury. This is called an appellate, and it is a very detailed and complex process of reversing a court decision.
Cases have many factors surrounding them that ultimately make the decision final. Judging by the case itself, the relevant law, and the certain requirements that have to be taken into consideration, we can file for an appeal.
An appellate court has different judges than the normal court. These cases are very different than others. While any attorney can handle an appellate case, your best and safest option for success is to hire an appellate attorney.
In this article, we’re going to give you our 4 reasons why you need an experienced appellate attorney. Without further ado, let’s start.
1. A Difference In Skillset
Different law practitioners specialize in different fields of the law. A family law attorney is an expert in all things related to family law. A personal injury lawyer is an expert in cases related to any form of damage or injury done to the body, your emotions, or your mind.
An appellate attorney is one type of attorney that specializes in appealing a court decision. While they share many of the attributes as any other lawyer, they practice a very different version of the law.
An appellate attorney must possess a wide variety of skills. Some of the most important ones include being organized, being a good communicator, being inquisitive, and of course, a problem solver. While many other attorneys share similar skill sets, it is the way appellate lawyer uses them that differentiates from others.
If a trial lawyer’s job is to convince the jury and the judge about their version of the facts, an appellate lawyer’s job is to prove that the facts weren’t properly applied to the case. It is an entirely different process that must be handled when an experienced professional that specializes in such law.
An appellate lawyer’s job is to carefully examine the case, review it for errors, and analyze the severity of those errors. Uncovering the slightest of mistakes can potentially change the course of the entire outcome.
Each lawyer that practices this version of the law must convey his argument in the clearest way possible. He must convince the judges that the law was differently applied based on the evidence presented.
Here is what an appellate attorney will mostly focus on while reviewing the case:
- researching legal principles
- mastering the records
- uncovering even the smallest of errors
- building a strategy to change the court decision
You can imagine how important it would be to hire such an attorney for handling such cases. Due to the difference in skills and the difference in approach, an appellate attorney will give you the best chance to appeal a decision.
If you’re interested in hiring an experienced appellate attorney that will handle your appeal and fight for your case, then consider visiting brownstonelaw.com.
2. A Fresh Perspective
Cases can last for months and even years. If the case is long drawn to a point where you’re considering filing an appeal, then you should definitely appoint the right attorney that practices the appropriate law.
Cases can get sterile and would oftentimes require a fresh and new perspective. Hiring an appellate lawyer will bring you the fresh perspective that you’ve been looking for.
An appellate attorney can work very closely with the trial attorney to help bolster the chances of a successful appeal. However, when presenting the appeal, the judge might not be interested in hearing what the trial attorney has to say. The judge might require a new and refreshing perspective of why the law has been mishandled.
This is why it’s very important you hire an appellate attorney. Their expertise and difference in approach might be exactly what your case has been missing.
3. Talking to a different audience
If a trial lawyer argues your case in front of the jury, then an appellate lawyer argues it in front of a panel of judges. These judges aren’t your usual courtroom judges; they specialize in appellate law.
This means that a trial lawyer might not have the right expertise to fight for your case when needing to fight for an appeal. Since their job is to present the facts to the jury and convince them that their client is the one that’s right, it might lack the approach to present the case before the panel of judges.
As we mentioned, appellate lawyers are brief, cruel, and very cold-blooded. Their job is to uncover any mistakes that could change the course of the decision. This includes presenting hypotheticals, discussing various policies, and how each decision has impacted the overall outcome.
The reviewing panel of judges will oftentimes ask very tricky questions. A trial attorney might be unprepared for dealing with an appellate case due to such events. Since these cases start with the judge being the one that asks questions, a trial lawyer might be totally unprepared to deal with such cases.
4. Having The Necessary Experience And Expertise
And probably the best reason to hire such an attorney is that they have the necessary experience and expertise to deal with this part of the law.
This version of the law has its own set of rules. We’ve talked so much about techniques, skills, and utilization of said skills, but it also goes without saying that this version of the law is entirely different.
An appellate attorney knows the ins and outs of this law. They know about deadlines, responsibilities, requirements, and they understand the risks and dangers involved if you fail to act appropriately.
Before each appeal, the lawyer will walk you through the process and point out the things you need to do. The lawyer can go so far as to explain the background and personality of each of the judges on the review panel. Choosing a trial lawyer for an appellate will put you in a course of failure.