Why You Need To Hire An Appellate Lawyer To Win Your Case
You might have a good working relationship with your existing trial lawyer. You trust them, and they have worked very hard on your behalf. They already know the complexities of your case and have been working months if not years on getting your case either dismissed or the charges dropped. If your case has gone to the appeals board, however, it is better to hire an appellate lawyer to take over the process, and there are very valid reasons why.
Trials are won and lost on the merits of both research and oral presentation. Trial lawyers are well versed in arguing their case orally while presenting the documented evidence to the court. Appellate lawyers, however, have advanced research, writing, and critical thinking skills that become an asset to an appeals case. In many appeals cases, it is the written brief that the judge will take into account more than an argued statement of facts, and it is possible that the entire case will be judged solely on written briefs. This means you need a lawyer who knows how to craft a brief that will be just as effective as if they were arguing the case orally. Appellate lawyers posses slightly different skill sets than trial lawyers, and they know exactly what the judge needs to see in order to win your case.
While your trial lawyer was most likely very skilled, it never hurts to have a fresh pair of eyes on the case. Appellate lawyers can take a new look at the case in a way a trial lawyer who has worked on your case for months or years can't. They will look over the transcripts of the case, possibly re-interview witnesses, and spot issues the trial lawyer might have missed.
Arguing Trial Errors
You win an appeal based on your lawyer arguing the errors within the trial itself. An appellate lawyer can find and argue issues that the court might have missed or overlooked. It is possible the original lawyer left out something important or determined to focus on other areas of the case, and an appellate lawyer will see if that bit of information that was left out could have led to a dismissal of charges or acquittal. They know how to review a case to pick out the most important factors to present to a judge in order to garner either a new trial or all charges dismissed.
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