What Does An Appellate Attorney Do?
A Bloomfield Hills appellate attorney can help you if you are unsatisfied with the outcome of your court case. Appeals attorneys work with cases from lower trial courts that hear both civil and criminal cases and appeal them to higher courts. Appellate attorneys specialize in preparing cases that are heard in appellate courts based on the grounds that a prior verdict was unjust.
A successful appellate attorney must excel in a few areas, including preparing and presenting cases that have already been heard by a court. Most appellate attorneys must be able to participate in the initial trial so they are better able to provide advice and guidance throughout the initial trial and be better prepared should an appeal be necessary. Then, if an appeal is necessary, they are already up-to-date on the case.
The goal of an appeal is to reverse the decision of that lower court judge, challenge a jury’s verdict, overturn an error, or review a decision by the judge on a motion. Both losing and winning parties have the right to appeal to a higher court and in either case, the appeals attorney is responsible for filing a brief to argue the merits of the law as it applied to the underlying facts of the case.
Before working begins with your Bloomfield Hills appellate attorney, an objection is necessary because it is required by the appellate court judge to ensure the trial court judge has had a chance to make a decision regarding the issue. The objection preserves an issue for appellate review, but there are some exceptions to the rule, such as when there is a plain error.
What is the Specific Role of a Bloomfield Hills Appellate Attorney?
A Bloomfield Hills appellate attorney will file a brief before appellate courts requesting review of errors that took place in a trial court. Typically, briefs are divided up into factual matters presented in the lower court, which are standards of review that the appellate court must use in order to review the lower court’s decision or order.
In most case, a Bloomfield Hills appellate attorney may not file issues on appeal that are outside the record on appeal. Instead, they are usually confined to the transcript of the proceedings that took place in the lower court and they can only use the record for the appeal. They are also restricted from introducing any new evidence and can utilize only the facts, evidence, and matters of law that were presented to the lower trial court judge or jury for filing their appeal.
An appellate attorney will not completely change your situation, but he or she can help you get a more just outcome from the court. It is important to consider speaking to an appellate attorney early on just in case your situation should evolve into one that calls for the assistance of an expert in appeals.
If you are in need of a Bloomfield Hills appellate attorney, Howard Lederman can help. For more information or to schedule a consultation, call Howard today.