Appellate
Attorney?
An Appellate Attorney devotes the time that you
do not have for an appeal.
If you are visiting this website, you are likely an attorney with
a busy trial practice. Whether you won or lost in the trial court,
it takes a lot of time to prepare an appeal, perform additional
research, and write a solid appellate brief. The demands of your
practice — telephone calls, letters, discovery, motions, and dealing
with opposing counsel and your clients — leave little time to
focus on the research and writing required to develop an effective
appeal.
Advantages provided by an appellate advocate:
- Researches the law;
- Re-analyzes the case from the appropriate standard of review;
- Writes and edits the brief;
- Meets all of the appellate court's technical requirements; and
- Presents persuasive and helpful oral argument.
An Appellate Attorney brings a fresh perspective
to your case.
An appellate advocate rethinks the case to provide a fresh perspective
for the higher court. She seeks strengths and weaknesses
in the arguments that might not be obvious to the attorney who
worked on the case from its inception. An appellate
attorney will sort through and select the best arguments to persuade
the court in favor of your client.
An Appellate Attorney guides you through the intricacies
of the appeals process.
Appellate procedure can be a daunting hurdle for a busy trial
attorney. An appellate attorney will help you maneuver your way
through the court rules governing appeals, and advise you and
your client on the impact of those rules on your case (such as
standards of review, stays pending appeal, bonding requirements,
and appellate motions). An appellate attorney is aware of the pitfalls of appellate procedure, the likes and
dislikes of the appellate judges, new developments in the appellate
rules and their interpretation.
An Appellate Attorney advocates for your client.
The trial attorney’s job as an advocate is distinct from
an appellate attorney’s brand of advocacy. An appellate
attorney excels in research and writing. She can re-work complex
and specialized cases so the appellate courts, who do not share
the trial counsel's practice focus, can more easily understand the relevant arguments.
Due to time constraints and costs, trial practitioners may not
be able to provide the depth of analysis that appellate courts
demand. An appellate advocate will advocate for your client in
a manner that is most effective for a client's particular case,
always bearing in mind the audience (the appellate judges and
support attorneys). An appellate advocate knows how to converse
with the bench during argument and effectively anticipate and
answer the judges' questions.
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