Three Reasons Why You Should Use an Appellate Lawyer
There are three reasons why a client might benefit from switching to an appellate lawyer for an appeal, as opposed to continuing with the lawyer who handled the case in trial court.
First, switching to an appellate lawyer brings a new set of eyes to the case. That can be a significant aid to appellate success, especially if the client was disappointed in the trial-court result. After all, different attorneys often see cases very differently. One lawyer may say that a particular strategy, fact, or legal theory is important to the case and another lawyer may say that it isn’t. A fresh look affords an opportunity to take a different, hopefully-improved-with-hindsight, approach.
Second, an appeal is a whole new process with appellate court rules and procedures that are much different than trial court rules and procedures. The differences can affect appellate success. An experienced appeals lawyer is better positioned to take advantage of the differences and avoid their pitfalls.
Third, legal writing is paramount on appeal. Some trial court lawyers excel at other legal skills, and writing may not be not a strength.
I have handled appeals in several practice areas in the Connecticut Supreme Court, the Connecticut Appellate Court, the United States Court of Appeals for the Second Circuit, and the Appellate Division of the New York State Supreme Court (New York intermediate appellate court). My appellate decisions are listed in the About page.
If you are unfamiliar with appeals or the appellate process, keep reading for more information.
Appeal is a New Process
An appeal is a new process that starts after there is a decision in your case. It focuses on whether the court made a mistake in resolving the dispute. It is not a retrial, and no new evidence is presented. Rather, if you’re the party appealing, you submit written briefs to an appeals court explaining why the lower court got it wrong. And if you’re the party responding, you submit a brief explaining why the lower court got it right.
Once the briefs are in, the parties orally argue the appeal before a panel of appellate judges.
After oral argument, the panel has an unlimited amount of time to review the case and decide the appeal. If the panel concludes that the prior court made a mistake, it can “reverse” the prior court, and provide instructions for how to correct the prior court’s error. Sometimes the correction is entry of a judgment for the appealing party that ends the case. Sometimes the correction is a new trial. And sometimes the correction is “further proceedings not inconsistent with this decision.”
If, on the other hand, the panel concludes that the prior court did not make a mistake, it can “affirm” the prior court, meaning that the prior court’s decision stands.
An Appeals Lawyer Keeps Hope Alive
Through this new process, an appeals lawyer might help you correct an error and get on a path towards a better outcome, or preserve a victory that you have already won.
