APPELLATE LAW
Like tax, bankruptcy, or probate, appellate practice is highly specialized and requires specialized skills. Trial lawyers must know how to find evidence using the discovery process and present it in a compelling, often emotional, manner to the trier of fact, whether judge or jury. Appellate counsel must use legal research and persuasive writing to craft solid legal arguments based on the established record.
An appellate specialist will generally see things differently from the lawyer who originated the case and worked it to judgment. Many issues are raised on appeal not because they have merit, but because the lawyers presenting them are simply too close to let them go. The appellate specialist’s ability to weed out weak issues is a valuable asset. The skills that make this possible include simple objectivity, an understanding of the applicable standards of review, and knowledge of whether an issue has been preserved for appeal.
Good brief writing takes time – time that busy trial lawyers often lack. Although every case is different, appellate counsel will be at ease with the myriad procedural rules that must be satisfied in the appellate courts. Each court has its own traps for the unwary.
In addition to strict adherence to the rules, an effective appellate brief is well written, clear, concise, and brief. The skills needed to write such briefs are rarely taught in law school; they are the product of years of brief-writing experience.
Attorneys with busy trial practices may lack the time necessary to effectively handle appeals. Lawyers hurrying from depositions to docket calls to hearings cannot devote the substantial resources needed to properly create a record on appeal, formulate and research issues, and draft a persuasive brief.
