Any licensed lawyer can file an appeal. However, attorneys who focus on appellate law bring a special skill set to the table. Appellate skills, which are fundamentally different than the skills employed by trial lawyers, are essential to a successful appeal. Appellate work draws on different talents than those used in other areas of practice.
Differences in Trial Court and Appellate Practice
Trial court lawyers prepare for months for a live presentation to a judge and jury. They gather evidence and prepare witnesses for trial, which is an oral presentation that may continue for days or weeks, and attempt to convince the judge or jury that their set of facts is correct. In the lengthy pre-trial phase, it is part of a trial lawyer’s job to engage in posturing with opposing counsel with regard to settlement.
In the appeals process, on the other hand, attorneys are strictly engaged in analysis of the law. Written argument, not oral argument, is the primary skill they employ. When oral argument occurs at all, it is typically limited to 15 minutes of answering questions directed by appellate judges, prompted by a brief. The facts of the case have already been established in trial court and essentially cannot be changed. Instead, a lawyer handling an appeal is focused on identifying legal errors.
Los Angeles and Washington Appellate Attorney Referral
Trial lawyers prosecuting their own appeals may run into difficulty. It is easy to lose objectivity after trying a case and becoming wholly convinced of its merits. Before filing a criminal or civil appeal, It is in the best interest of trial lawyers and their clients to consult with a lawyer who focuses his practice upon appellate law.
In most cases, your clients get only one shot at appeal, and it needs to be done right. It makes a great deal of sense to refer your clients to a lawyer who focuses his practice on appeals for representation in an appeal of a civil judgment, or in a criminal conviction.
California and Washington Attorney Who Handles Appeals
At the Law Office of Corey Evan Parker, you will find a lawyer who has focused his practice on civil and criminal appeals. In a civil appeal, he can analyze the case, assemble the record on appeal, do the research, file the briefs, and deliver the oral argument. In a criminal appeal, he will file the notice of appeal, procure the record, gather facts, conduct research, and write the briefs.
Mr. Parker can provide advice before trial to help you identify appellate issues in advance. He is available for limited scope work to review key portions of the record, do preliminary research, and provide a memorandum containing his conclusions as to whether an appeal has merit.He handles appeals throughout California and Washington state.
Contact our office if you would like to discuss your appeal or refer a client for a civil or criminal appeal.