What is an appellate specialist and why should I use one?

An appellate specialist is an attorney concentrating on appeals and writs. Most attorneys—including attorneys engaged in trial work—have very limited experience with appeals. The procedures in courts of appeal are very different from those in trial courts, and there are special rules concerning the types of arguments that can be made in an appeal.

Trial attorneys are concerned with sifting through evidence and presenting a persuasive story to the fact-finder. Appellate work is very different because the story has already been told; the job of the appellate attorney is to work within the trial court record. Writing skills are even more important for appellate work than they are in trial-level work.

An appellate specialist can be very useful in bringing a fresh perspective to the case. After a long trial, a good trial attorney has advocated his or her client's position for so long that it may be difficult to present an objective account of the proceedings in the trial court to the court of appeal. An appellate attorney brings a detached perspective that will be closer to the perspective that the court of appeal will use when reviewing the case. An appellate attorney also brings experience regarding what types of arguments are most likely to succeed on appeal, as well as knowledge of the procedural rules that govern appeals.

The State Bar of California offers a program of specialization in appellate law. To receive a certification as an appellate specialist, an attorney must demonstrate that a large percentage of his or her practice is devoted to appellate work, must pass an 8-hour examination on appellate practice and procedure, must have argued a minimum of 15 appeals, must have filed dozens of briefs and must have taken a large number of continuing education courses in appellate practice and procedure.

©2014 Hearst Law. All Right Reserved.  |  Legal Notice

http://www.hotdoodle.com, HotDoodle™ Custom Web Design and Quality Affordable Website Designers for Small Businesses and Professionals
Powered by http://www.hotdoodle.com, HotDoodle™ Custom Web Design and Quality Affordable Website Designers for Small Businesses and Professionals
Restaurant Website Design Templates and Site Designers Site Map