To put it simply, appellate law is law pertaining to the appeal of a court’s or judicial decision on a legal case. Essentially, it is a set of policies and procedures that need to be followed by the losing party when presenting their appeal to a higher court.
In regards to civil litigation, when an appeal occurs, the lawyer is in charge of advocating a case in court higher than just a trial court. Their goal is to correct errors that may have been made by a trial court judge, change the law by persuading trial court decisions or persuading and altering the interpretation of statutory law.
These different outcomes are made possible through the work behind the scenes. This includes reviewing and researching trail records and any important documents along with the case. Also, the lawyer is responsible for writing persuasive appellate arguments. Lastly, and arguably the most important role, the lawyer must represent their client in a higher court.
Appellate Law, Moving forward if you are confident with your appeal
In every trial and court decision, there will be a losing party. It goes without saying that the losing party will be upset after the final decision. However, they cannot just appeal as an emotional response. Their appeal has to be well-reasoned and supported.
Money, time and emotional attachment are all byproducts of a legal case. However, this can not be the sole influence behind wanting to seek an appeal. An appeal has to be based on errors in the court, the judge or a misconception of law. Without a supporting base for an appeal, it can be baseless and disregarded.
If you are the losing party of a court case, and you think that your case could have been handled differently, or you were served an unjust decision, then you have reason to appeal. Setting up an appointment with an appellate lawyer to discuss the decision in your case can be your safest bet before moving forward. Arranging a meeting can help clarify any misconceptions in a case, and determine whether an appeal is the next logical step.
Things to keep in mind when discussing Appellate Law
Ultimately, you don’t want your emotions to get the best of you before seeking out an appellate law. Emotional and financial investment in your case can make that a difficult process, but it is best to take a step back from your case and look at it from outside your emotions.
In appellate law, a lawyer allows you to see your case from a different perspective. If they believe an appeal is possible, then they can help you move forward and show you the necessary steps. This involves their consultation and review of trial records, forming and documenting persuasive briefs and representing you and your case to a higher court. Their representation can help set the record straight.
The civil litigation team at Hummingbird Lawyers can stand up for you if your case can be appealed. If you are sure that you can appeal your case, contact Hummingbird Lawyers today to arrange a meeting to figure out your next steps.