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Appealing a case? Work with an appellate attorney


Appealing a case? Work with an appellate attorney

On behalf of Patrick T. McNally, Attorney at Law | 
September 11, 2020

You were tried for a crime, and you ended up being convicted. Your initial response was that you wanted to appeal the case, because you didn’t feel like the outcome was fair or appropriate based on what really happened.

When you spoke with your trial attorney, they told you that they wouldn’t take the appeal to court. Now, you’re not sure what to do. Is it because you have no case that they refused, or is it a lack of experience?

If you want to appeal, your best option is to work with an appellate attorney

The reality is that trial attorneys are familiar with your case, but they’re not necessarily familiar with the appeals process. Appeals are a completely different kind of process. That’s why it’s usually a good idea to talk to an appellate attorney instead. They have put their time and effort into learning about appellate law and working on cases like yours, helping people overturn results that weren’t appropriate.

Working with a new attorney is a good way to get a new perspective on your case. While your trial lawyer might be out of ideas, your appellate attorney is looking at your case with fresh eyes. They’ll look for errors that may allow them to appeal the case on your behalf.

There is also the fact that appellate attorneys are familiar with the judges they work with and the perspectives they have. Appellate attorneys are more knowledgeable about what the judge needs to know and will be able to point out important information that judges may need when deciding if they should or should not allow the appeal to move forward.

The last reason that it’s smart to work with a new attorney is because your trial attorney simply may not take appeals. Many trial attorneys work hard on building cases and trying them, but they’re not regularly handling appeals. They may try to refer you to someone else in the firm who handles appeals, but remember that you have the right to choose your own appellate attorney. Regardless of whom they work for or if they run their own firm, they’ll be able to take a look at your case and decide if it’s something to appeal.

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