Inherent in our justice system is the right to appeal a trial court verdict. A defendant who has been wrongly convicted or penalized too harshly has recourse to a criminal appeal. Likewise, in a civil case, either party has the right to appeal an unfavorable verdict. If you have lost a civil or criminal trial and plan to take your case to the appellate court, you should make sure to hire an attorney who is focused on appeals.
Challenges Appellate Attorneys in Washington Face
Not just any trial lawyer can successfully handle appeals. Appellate work is complicated, demanding, and time-sensitive and requires sophisticated legal reasoning. A great deal of legal research, time, and money can go into an appeal, and any failure to meet a deadline or follow procedure can result in dismissal of your case. If the outcome of your case at trial court level was unfavorable and you wish to pursue it further, you need an attorney whose practice is focused on appeals.
Appeals and Trial Are Different Legal Processes
Appeals differ from trials in a number of ways, including:
- No jury
- No witnesses
- Several judges presiding
- No new evidence presented
- No objections allowed to anything prejudicial
- Facts as presented by the trial court are accepted by the appeal court (unless they clearly conflict with the evidence)
When you appeal an unfavorable verdict, it is far different than trying the case again. The basis of an appeal is the record of the trial court case. Your Washington appellate attorney will strive to persuade the court by means of an appellate brief that the trial court judge applied the law incorrectly, and will back up those arguments with case law and statutes.
Appeals are generally won or lost by means of the appellate brief. In contrast to trial, very little oral argument occurs in an appeal and it mainly consists of answering the judges’ questions, which will be based upon the appellate brief. Extensive legal research is required of a lawyer who handles appeals, along with a scholarly aptitude. Different legal skills are required for attorneys who handle appeals than the skills required for trial court lawyers.
Washington Lawyer with Practice Focused on Appeals
The Law Office of Corey Evan Parker has focused its practice on appellate work. Mr. Parker offers representation to clients and attorneys in civil appeals. He will make his best efforts to analyze your case, assemble the record on appeal, prepare the briefs, and present the oral argument. After reviewing your case, he will not hesitate to tell you if he advises against filing an appeal.
Mr. Parker also handles criminal appeals. He can provide advice regarding the rights of defendants and work closely with clients to formulate persuasive opening briefs for submission to higher courts. Please feel free to contact the Law Office of Corey Evan Parker for a one-hour, no-obligation consultation with Mr. Parker, in person or by phone.