What is an Appeal in Court?
An appeal is a request for a higher court to review a lower court’s decision. An appeals attorney handles cases on appeal when a party loses or is not happy with some part of the decision made by the lower court. This is when an appeal would be made by one or more of the parties. An appellate lawyer can make this appeal for you.
The appeals court reviews the record made in the trial court. Nothing new can be added to the record. This means no new facts or evidence. An appeal attorney presents the facts and law to the appeals court in a legal brief. The appeals court then decides whether to affirm or to reverse the trial court’s decision based upon the written briefs from your appellate attorney.
Why do I Need an Appeal Attorney?
An appellate lawyer determines whether an order is appealable, and the deadline for filing that appeal. Appellate lawyers can also tell you if
other steps are needed at the trial level to preserve your appellate rights, and an appellate lawyer can make that determination. This is the first step needed in any appellate process. You must have an appeal attorney determine if you have a case for appeals to being with.
The decision to appeal is not an easy one. It requires careful consideration of the chances of success, the risks to all parties, time involved both inside and outside of court, and the money needed to appeal. An appellate lawyer can assist you in making your best decision for your particular circumstances.
Your Attorney will be Crucial to the Outcome of Your Appeal
Once the decision to appeal has been decided, an appeal attorney will make sure your appeal is filed on time and in an appropriate manner. If not done correctly, you will lose your right to appeal in the future. This makes an appeal attorney a necessity in the process. If mediation is ordered in your case, an appellate lawyer will represent and assist you at mediation.
An appeals attorney must maintain a complete record of all points raised throughout the trial. They prepare and present these findings to the appellate court. After the initial process of making the points for the case, the appeal attorney must write out an entire brief for the courts. This is documentation of all the reasons, in detail, for why the case should be overturned or a different outcome made.
An appeal attorney will represent you at oral argument if oral arguments are deemed necessary. This is a short opportunity to answer the appellate judges’ questions while presenting your points, or responses on appeal.
Once the appellate court enters the decision, an appellate lawyer will evaluate the decision to help you determine if any further legal actions are needed. It is vital in such a high stakes area of law that you have an experienced lawyer on your side. A lawyer who focuses his practice on appeals and appellate law is best.