If you have a case to appeal, did you know that your original attorney might not take it on? While many attorneys may entertain the idea of handling an appeal, most won’t automatically do so for you. Instead, you may want to look into hiring a separate appellate attorney.
Appeals and trials require completely different skillsets, which is why it’s a good idea to work with someone new. Your trial attorney trained for trial, but appeals require more in-depth research into the law. They may have to argue dense legal doctrines, and they need time to do a deep dive into the specific details of the case.
Trial attorneys don’t always have the time for that, which is why working with an appellate attorney is smart. They are skilled, know where to look for answers and are able to boil down the law into easy-to-understand terms.
You need to decide if you’ll appeal your case
Did you know that your attorney won’t automatically appeal your case? It’s up to you to decide if you will appeal, and, if so, who you will work with. The attorney you choose to work with should specialize in appeals and, more specifically, handling cases in this area of law. For example, if you’re appealing a decision against your business, you will want to work with an appellate attorney who is skilled in business law.
Choosing an attorney who isn’t educated in the right area of law could hurt your case and make your appeal less effective. That’s why you want to ask the right questions and make sure the attorney you choose has the time and experience necessary to handle your case.
What questions should you ask your appellate attorney?
Some questions to ask include:
- Do you regularly handle appeals in this area of law?
- Did you previously get experience working with an appeals judge or as a judicial clerk?
- What kinds of results do you have that you can show me?
These questions can help you start to get an idea of what your attorney can do and make it easier to determine that they’re who you want to work with.