An appellate lawyer specializes in preparing cases to be heard in appellate court. This means the case has already been to trial, but something occurred during the trial that made the outcome potentially unenforceable because the verdict was unjust.

Because the appellate process is not exactly like typically litigation, appellate lawyers must possess several unique skills in order to present cases in appellate court. Much of the process of working as an appellate lawyer has to do with preparing cases for appellate venue and evaluating the court proceedings that have already occurred. In some cases, appellate attorneys are retained during the initial trial to provide advice and guidance designed to ensure a fair trial. As an appellate attorney, it can be easier to assess the situation as it unfolds, as opposed to analyzing what occurred after the fact throughout documentation and other means.

Appellate cases can be argued in a number of different ways and it is up to the appellate attorney to determine the best strategy.

Some appellate arguments focus on demonstrating that the trial court violated procedure in some way which would invalidate the result. In other cases, the appellate lawyer will suggest that injustice has occurred. Examples of this would include the judge refusing to admit evidence that should have been considered admissible. Cases are determined based on evidence and disallowing evidence will have a major impact on the outcome, so anything admissible should be known by the jury.

Remember, the facts of a case were already determined in trial court, so an appeal is not about contesting the facts, but questioning the process used to arrive at those facts. The goal is to overturn the verdict and obtain a new trial. An appeal does not automatically reverse a decision, it allows for a new decision to be reached in the future based on different circumstances.

Appellate lawyers must have a keen understanding of the law. They are required to review the documentation from a case and understand the facts as presented in the courtroom. Appellate attorneys pick cases apart and look for weak points that could be used to support arguments in appellate court. Appellate lawyers must show judges that a trial was flawed, rather than convince a jury of facts.

Often times, numerous appellate attorneys practice in an area where an appellate court is located, though it is not necessary and you can find appellate attorneys all over the country. If you or your trial attorney believes there is any chance of an appeal, it is a good idea to retain an appellate attorney. It is also possible to get an appeal to an appellate lawyer after a trial. Your trial attorney can help you with this process.

An appeal is not always possible and the services of an appellate lawyer are not always needed, but in many situations it drastically changes the ultimate outcome of a case. If you believe there is any chance your case could be successfully appealed, it is a good idea to speak to an appellate attorney. For more information or to speak to Howard Lederman about an appeal, contact him at 248-639-4696.

Howard Lederman at Lederman Law
www.thewriteattorney.com