Why Do You Need an Appellate Attorney for an Appeal?
Appellate Attorney, Losing your civil or criminal case at the trial court can be disappointing. You may have to pay a fine or penalty. If it is for a felony, you may lose privileges or be facing a long imprisonment. However, all hope is not lost. You can still file an appeal at the appellate court using an experienced appeal lawyer.
Although you can still appoint your trial attorney as an appeal attorney, you likely don’t want to use the person who lost the trial for you. Moreover, the skill sets of both types of attorneys differ vastly. Here are the reasons why you need appellate attorneys to handle your appeal.
The Appellate Process Is Different from the Trial Process
At the trial court, the attorney presents an open argument, reviews the evidence, cross-examines the witnesses, and ends with a closing statement. The process in the appellate court is different from the trial court. No new evidence can present. Witnesses cannot be brought again to the court to testify, and no new arguments are allow.
The appeals are based on the legal errors and mistakes committed at the trial court. The appeal attorney goes through the trial court transcript and prepares a detailed appellate brief that points out the errors that impacted the case’s judgment.
Only an experienced appellate attorney can identify the mistakes in the proceedings and prepare an excellent brief to convince the panel of judges.
Appellate Lawyers Bring a Fresh Perspective
Trial lawyers usually build a theory based on facts and researches. They approach the case in a certain way. If they overwhelmed with the facts, their theories may have miss some important issues and points.
When the case taken to the appellate court. the judges may want to hear a new approach or perspective to the case.
It’s possible to bring a fresh perspective. to the case when you have an appellate lawyer was not part of the case.
It makes more sense to hire an appeal lawyer who is likely to notice things that a trial lawyer could not see.
Appellant Attorneys Are Familiar with Appellate Laws
The appellate procedures are different, and the lawyer must be familiar with the appellate process.
Missing important deadlines and requirements for filing an appeal can become fatal to the case, causing the judgment to remain.
No new evidence is present. Witnesses cannot be brought again to the court to testify, and no new arguments are allow.
An experienced appellate attorney has already gone through the lengthy process with other cases.
They may be even familiar with the backgrounds and personalities of the panel. Who will render the decision on the appeal.
Only an experienced appellate attorney can identify the mistakes in the proceedings and prepare an excellent brief to convince the panel of judges.
To win an appeal at the appellate court, you need the help of an experienced appeal lawyer. Contact Brownstone Law to hire an expert who can help you win the appeal.
