Here are some reasons why you should hire an appellate lawyer.
1. An attorney with appellate experience takes the case with a fresh look at the record.
During 20+ years of my practice, I read many appeals and watched a lot of arguments. Sometimes I saw the court take a completely different approach to the case than Plaintiff and Defendant. That is, the court would ask questions about the issues that attorneys had even considered. Attorneys for both parties completely missed parts of the record or issues that the appellate court cared about. It was because of tunnel-vision on our own approaches to appellate procedure.
Attorney for appellate court takes the case with a fresh look at the record; he supposed to be in the same position as the judges. That perspective will better allow me to correct our course, and to develop a core theory on appeal.
The point is that the appellate lawyer can view the entire case more completely and objectively than trial attorney who has lived it.
2. An appellate lawyer should to understands what appellate division care about.
A court of first instance has a laser focus on the case facts. A court of second instance typically review the case for the first time when judges start to read the appeal and oppositions. An attorney with appellate experience has the knowledge and skills to make the best impression of that limited time.
3. An appellate lawyer knows the best way to build the case on appeal.
Experience with appeals will help appellate attorney to find the errors of trial-court and highlight them for the appeals division. An appellate attorney will decide about which is essential to presenting a strong appeal. Using the weak arguments draws the court’s attention away from strong arguments.
Effectively preparing for oral argument at the appellate court is unique experience that does not entirely matches with the ability of regular attorney. This is why an appellate attorney so important in each appellate case.