Appeals are a means of challenging a trial court’s decision in a civil or criminal case. A successful appeal requires specific legal skills and a well-crafted, personalized strategy.
An appellate attorney must have exceptional writing skills, strong oral advocacy and an understanding of the law. These skills can make the difference between winning and losing an appeal.
Experience
Unlike trial attorneys who are skilled at presenting evidence and persuasively communicating with juries, appeals lawyers focus on legal research, analysis and writing. Appellate lawyers also must be familiar with court procedure, motions for post-judgment relief and judicial review of trial records to help determine whether a case should be taken to an appeals court or not.
Best appeals attorneys are seasoned professionals who know how to craft and present a successful case before an appellate judge. They have a strong background in criminal law and the ability to identify a wide variety of issues that may have been overlooked at the trial level or not given adequate attention.
If you are facing a criminal conviction, an appeal is your last chance to get your rights back and avoid harsh consequences for your actions. Your best path forward may be to file a direct appeal or a Petition for Post-Conviction Relief Act petition in the State or Federal Courts.
Exceptional Writing Skills
Exceptional writing skills are the key to persuasive briefs and oral arguments that persuade an appellate judge or panel. They are a crucial part of what separates a good appeals attorney from the average lawyer who handles transactional or litigation matters.
The best appeals attorneys have devoted substantial time and energy to learning how to write exceptional legal briefs and argue their client’s cases brilliantly. That experience is one of the main reasons why they are so highly regarded in the legal community.
These lawyers are also excellent communicators who can tell a powerful story, research efficiently, synthesize voluminous case law, present complex facts and legal concepts in a straightforward manner, distinguish unfavorable precedent, and make persuasive legal arguments. They also have a great deal of intelligence and exercise great judgment when confronted with incomplete information or unsettled law.
Strong Oral Argument
Best appeals attorneys are not simply experts in the law and legal research; they have the experience to make persuasive arguments that help their clients win on appeal. They understand that an appeal is not like a second opinion: It is not about making the jury’s verdict come out differently; it is about correcting a legal error made by the trial court, trial judge or administrative agency.
The best appeals attorneys are also good orators who know how to tell their story and to engage the judges in a discussion of the issues. They keep their arguments brief and specific, which helps them grab the judges’ attention immediately and establish a theme or message that resonates with the judges.
Excellent Communication Skills
When you appeal your case, it represents a last-ditch effort to change the outcome of a trial. And the stakes are high.
Appeals require legal skills that are distinct from those of trial attorneys. While attorneys who practice in trials are often skilled writers and orators, appeals attorneys need to be excellent analytical thinkers, able to review the underlying record and law, identify potential appealable issues, and make strong legal arguments on the merits.
The best appellate lawyers are highly intelligent and possess exceptional critical thinking skills. They can tell a compelling story, research efficiently, synthesize voluminous case law, present complex facts and legal concepts in a straightforward manner, distinguish unfavorable precedent, spot the nuances that each case presents, and exercise great judgment.
Moreover, the best appellate attorneys have strong communication skills. They are able to communicate effectively with their clients and judges, both during the case and in the courtroom. They also know how to listen well and pick up on nonverbal clues that their clients give them.
Appendices
Frequently Asked Questions (Faqs)
Q: How can I find the best appeals attorneys?
You can start by asking for referrals from other attorneys or from trusted friends and family members. You can also research online for appeals attorneys who specialize in the type of case you have. Look for attorneys who have experience handling appeals and a track record of success in appellate litigation.
Q: What qualifications should I look for in an appeals attorney?
Look for an appeals attorney who has experience handling cases similar to yours, as well as a strong background in legal research, writing, and oral advocacy. They should have a deep understanding of the applicable law and a strong ability to develop and present compelling legal arguments.
Q: How important is communication when working with an appeals attorney?
Communication is crucial when working with an appeals attorney. You should look for an attorney who is responsive and communicative, keeping you informed throughout the appeals process and answering any questions you may have. Good communication can help ensure that you are fully informed and comfortable with the legal strategy being pursued.
Q: What should I expect during the appeals process?
The appeals process typically involves the preparation of written briefs and oral argument before an appellate court. The appellate court will review the trial court record and legal briefs to determine whether there were any errors made in the trial court. The appeals process can take several months or even years, depending on the complexity of the case and the appellate court’s caseload.
Q: How much will it cost to hire an appeals attorney?
The cost of hiring an appeals attorney will depend on several factors, including the complexity of the case, the amount of time required to prepare and argue the appeal, and the attorney’s experience and reputation. Some appeals attorneys work on a contingency fee basis, meaning that they only get paid if they are successful in obtaining a favorable outcome for the client. Other attorneys charge an hourly rate or a flat fee for their services. Be sure to discuss fees and payment arrangements with any appeals attorney you are considering hiring.
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