Why Trial Lawyers Aren’t the Right Choice to Manage Appeals

It’s not easy to accept a judgment when you lose a case. Sometimes there are valid reasons to want to appeal the decision. When you are thinking about appealing a ruling, consider whom you will have representing you. Should you stick with your trial lawyer, or is it better to get an appellate lawyer to handle your appeal?

Trial lawyers are undoubtedly good at negotiation. They have great interpersonal skills, are master storytellers, and excellent cross examiners. Having been involved in the case from the start helps them understand the bigger picture. Plus, they are intimately familiar with the case’s details, including their clients’ and opponents’ strengths and weaknesses. But, despite these advantages, they are not the best people to pursue an appeal. Here’s why:

A Fresh Perspective

Trial lawyers can run the risk of having a tunnel vision that prevents them from pursuing a case from a different angle or exploring other theories. Some of the facts and details discussed during the trial may be irrelevant in the appellate court. It’s no wonder appellate judges often complain that trial lawyers end up rearguing facts turned down during the trial.

With their impartial perspective, appellate lawyers can bring a fresh set of eyes to an issue. They do not have preconceived notions or past experiences with the case, allowing them to spot overlooked problems. The client also gets an objective assessment of the merits of an appeal.

Trial Versus Appellate Lawyer Skills

Appellate litigation requires strong analytical skills. Appellate attorneys sieve through trial records, however voluminous, to look for appellate issues. When evaluating an appeal, the most crucial consideration is to understand the standard of review. Since an appellate court shows great deference to a trial court’s decision, understanding the standard of reviews will greatly influence success. Some legal issues are reviewed de novo, meaning from the beginning. In such cases, the appellate court takes a fresh look, without deference to the trial court’s decision.

Also, appellate attorneys are experts at writing appellate briefs. Writing an excellent appellate brief is the key to winning an appeal. Arguments must be conveyed crisply and concisely, and you can’t afford to use the wrong wording. The arguments must be strong enough to stand through the appellate jurist’s and opposing attorney’s laser-sharp focus.

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4 Tips to Help You Win Your Criminal Appeal

Being convicted in a criminal case can cause some serious consequences in your personal and professional life. You may lose privileges, such as driving, voting rights, and much more. You will end up paying thousands of dollars in fines and go through longer prison terms if you are convicted of a more severe felony. The good news is that the constitution gives you the right to appeal your conviction in a higher court. You can use a highly qualified criminal appeal lawyer to appeal the case. If there are any legal errors found in the lower court’s decision, the conviction and sentence will be reversed. Here are some tips that can help you maximize the chances of winning a criminal appeal.

Grounds for the Criminal Appeal

The defendant who appeals to the appellate court must know on what grounds the appeal can be filed. The appeal should be purely based on law and not on facts, as the jury decides the facts. The criminal appeal can be filed for sentencing errors, false arrest, incorrect jury instructions, improper admission of evidence, lack of evidence or exclusion of evidence, jurors’ misconduct, ineffective assistance of counsel, and prosecutorial misconduct. Your appeal must show that because of any of these issues, the defendant was convicted guilty.

Hire an Experienced Criminal Appeal Lawyer

You need a qualified and experienced criminal appeal attorney to win the appeal. They will have to decide on the grounds for appeal and file the notice of appeal to oral argument. Make sure your attorney has handled similar cases in the past and has a high success rate.

Collect All the Transcripts and Evidence

To increase your chances of winning, you must have proper evidence to substantiate your grounds for the criminal appeal. It’s essential to gather the court transcript to present it to the court of appeal.

File the Appeal on Time

After you have figured out the grounds for appeal, it’s time to file the notice of appeal at the trial court within the window period of 30 to 60 days, depending on the crime’s seriousness. The notice of appeal informs the court and the appellee that you seek a review of the case. Then both parties will file the appellate brief.  Sometimes, the appellate court makes its decision based on the briefs. If they are not sufficient, the courts then hear the oral argument.

The judges of the appellate court will go through your brief and listen to the arguments and come up with the decision to reverse or affirm the conviction. If the court affirms the conviction, you need to discuss with your criminal appeal lawyer to find out the next step.

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