A skilled appellate attorney offers several advantages:
Experience With Appeals Is Important
Whenever a person focuses their practice on a certain area, they become better at it. Appeals require specialized skills that not all lawyers have. Trial lawyers and appeal lawyers in California, in particular, possess different skills. Few trial lawyers are also skilled appellate advocates.
From A Fresh Perspective
Due to his or her experience in the trial court where he or she formed fixed ideas about the case’s strengths and weaknesses, the trial attorney may have difficulty seeing the issues of an appeal objectively. An experienced appellate attorney provides a fresh perspective on the case and can view the appeal objectively. An appellate attorney may see winning arguments the trial attorney does not.
Attention Undivided
Both trial work and appeals can be challenging for trial attorneys. Each appeal requires a large block of time for the attorney to concentrate only on the facts and legal principles that comprise the appeal. Lawyers often spend much of their time juggling phone calls, appearing in court for other cases, taking depositions, and meeting deadlines on motions. Each appeal handled by an appellate attorney is given individual attention.
Review Of The Record Objectively
Appeals can only raise facts that are part of the record. To an appellate court, facts that do not appear in the papers or transcripts are not admissible. An appellate lawyer makes the most of what is in the record and views it as an appellate court would. While not in the record, memory of what transpired at trial can interfere with the trial attorney’s ability to review the record objectively.
Knowledge Of The Law
Years of experience provide an appellate attorney with a broader understanding of legal principles, trends, and arguments that are likely to win. Some issues are novel or of first impression to an appellate court. In these instances, the appellate court is concerned about whether the case will set a precedent. An experienced appellate attorney uses his or her knowledge of the law to present arguments that are based on analogous areas of law and favorable policy considerations that the appellate court should consider.
Efficacious, Thorough, And Cost-Effective
Appealing can be an arduous process involving several hundred or thousands of pages of record and a number of complex legal issues. A veteran appellate attorney is more efficient and thorough in reviewing the record and conducting legal research, having developed proven methods to obtain all relevant facts and law relevant to the appeal. A high degree of efficiency not only results in better quality, but also in cost savings for the client.
The Importance Of Appellate Review Standards
An experienced appellate attorney is aware that the strength of an issue and the likelihood of winning can depend on the applicable appellate standard of review. Often, trial attorneys are unfamiliar with these standards and are therefore unable to accurately evaluate an argument and its chances of success.