California Certified Appellate Specialist in Tustin

Why Should I Hire an Appellate Specialist?

In California, an appellate Specialist is more than an attorney who works on appeals in his or her practice. This attorney has taken and passed a rigorous exam beyond the California Bar Exam. The specialist also must have demonstrated a high level of experience in appellate law, fulfilled ongoing education requirements, and been favorably evaluated by other attorneys and judges familiar with his or her work.

An appeal involves different skills than those necessary for trial. An appeal is decided almost entirely based on the legal arguments presented in written briefs. High-quality research and writing skills are essential.

A trial attorney may have years of experience questioning witnesses and have a great rapport with jurors, but that same attorney may have limited experience with legal writing. Emotional arguments, which may be appropriate in a trial courtroom, have little to no impact on appellate justices, who may merely roll their eyes or even silence the presenting attorney.

Even if trial counsel has good research and writing skills, a busy trial attorney probably does not have the uninterrupted time to devote to an appeal, which often requires blocks of several days, or even weeks, of time.

Trial attorneys sometimes attempt to handle the appeal themselves, but find they have only a couple hours a day between depositions, client meetings, and court appearances to work on the appeal, which often gets relegated to nights and weekends. By focusing on appeals, we are able to devote to each case the necessary time to achieve the best possible results.

Additional Considerations for Appellants

It is important to have someone who has not been involved look at your case with a new perspective. Sometimes the trial attorney is “too close” to the matter, believing that some particular point was the most important when, in reality, a different issue is key. As a party, you may be particularly upset about something the opposing party did or something that happened before the lawsuit started which, while understandable, does not have any particular legal significance. Bringing in someone new who can look at the case from a new angle usually helps.

Also, often either the trial attorney or the client, or both, believe that a witness testified to certain facts or a judge made a particular ruling although that never “got into the record.” They may be recalling deposition testimony which was never read at trial or an in-chambers discussion that was never reported by the court reporter. However, only what is in the “record” can be used for the appeal. The appellate attorney will focus on the record, not an independent recollection of events.

As for the briefing process itself, we are familiar with the required “standards of review” by which the Court of Appeal examines different types of orders and judgments, as well as “prejudice” arguments. These often are the key to the resolution of the appeal. Retaining an attorney who is familiar with these arcane legal rules generally will result in time savings and, therefore, minimize total costs.

Finally, if you are considering appealing a criminal conviction, there is most likely a conflict of interest if trial counsel handles the appeal. Unlike civil appeals, a criminal defendant has the right to effective assistance of counsel, which may be raised either on direct appeal or in a petition for a writ of habeas corpus. Your trial attorney will not be in a position to argue his own ineffectiveness.