APPELLATE PRACTICE
Appellate attorneys require a separate set of legal skills from trial attorneys, and are generally employed by trial attorneys facing the situation where the losing party has appealed his case to a higher court. An experienced trial attorney is an excellent resource, but often does not have the time or skill set required in determining the correct application of the law to any given case. Increasingly, trial lawyers are retaining appellate attorneys to work with them, while the case is still at the trial level.
While cases are initially handled at the trial level, the losing party may appeal his case to the appellate court. An appellate attorney must determine whether any particular decision complies with a statute or principle of common law; and then present that analysis to a court of appeals to decide whether the trial court’s decision complies with the law. An appellate attorney must perform the following functions: a) assist trial counsel in framing issues for trial and preserving the record for appeal;’ b) review and analyze the trial record; c) research and analyze case law, d) draft persuasive briefs and motions; and e) argue before the court of appeals. Appellate attorneys spend significant time researching the law, determining the correct application of the law to a given set of facts, and presenting arguments in clear, concise written briefs and oral argument.
An appellate attorney does not necessarily specialize in one particular substantive area. Instead; the attorney engages in critical reasoning determine the whether the trial court’s finding was legally correct. Appellate attorneys have exceptional research, analytical, and writing skills in order to write concise, persuasive briefs and memoranda.