When it comes to handling an appeal, the stakes are high. Whether you’re a business owner fighting a legal decision or someone trying to overturn a criminal conviction, getting your appeal right is critical.
But here's the harsh reality: many people make costly mistakes that can completely derail their chances of success in the appellate process.
If you’re unsure where to turn, this is where an appellate practice lawyer comes in. We’ve researched common pitfalls clients fall into and how an experienced lawyer can prevent them.
Keep reading to learn more.
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Not Understanding the Appellate Process
Many individuals mistakenly assume that the appeal will be a “redo” of the original case. In reality, the appellate court doesn’t reexamine the facts of the case or hear new evidence. Instead, it reviews the trial court’s decision for legal errors that could have impacted the outcome.
An appellate practice lawyer will ensure you fully understand the nuances of the process, including which aspects of the case can be appealed. They will guide you on which arguments will resonate in an appellate court and help you manage expectations about the likelihood of success.
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Missing Key Filing Deadlines
When it comes to appeals, deadlines are not flexible. Missing a filing deadline can result in the dismissal of your appeal altogether. This is a grave mistake that can be detrimental to your case, and it happens more often than you think.
With their knowledge of the strict deadlines involved, an appellate practice lawyer will ensure that all necessary documents are filed on time. They will also track important procedural milestones to keep your appeal on track.
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Focusing on Irrelevant Issues
Another critical mistake is focusing on issues with little to no bearing on the appeal. Appellate courts are concerned with legal errors that occurred during the trial, not the facts or emotions of the case. Many clients make the mistake of wanting to rehash the trial’s details, which can waste time and resources.
Your appellate practice lawyer will help you identify and focus on the key legal errors that are likely to make a difference in your case. By narrowing the scope of your appeal, they ensure that your arguments are powerful and relevant.
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Failing to Preserve the Record
To appeal a case, you must have a well-preserved record of the trial. This includes transcripts, motions, and any other relevant documents. Failing to preserve this record can severely weaken your chances of success in an appeal.
An appellate practice lawyer knows exactly how to preserve the record for appeal. They will ensure that the trial’s key aspects are accurately documented, and they’ll handle all the necessary paperwork to make sure a solid record supports your case.
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Overlooking Appellate Briefs
One of the most important components of an appeal is the appellate brief, which lays out the legal arguments for why the trial court’s decision should be overturned. Many clients either underprepare their briefs or fail to follow the proper format, resulting in a brief that lacks the necessary legal precision.
A skilled appellate practice lawyer will draft and file your appellate briefs, ensuring that they are thorough, legally sound, and persuasive. They will present your case in a structured format, focusing on the legal errors and supporting them with strong precedent.
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Not Considering Alternative Dispute Resolution
While you might think an appeal is your only option, some cases can be resolved through mediation or settlement. Many clients are so focused on the appeal that they overlook these potential alternatives, which could save them time and resources.
An appellate practice lawyer will assess whether your case could benefit from alternative dispute resolution options. If appealing your case isn’t in your best interest, they will guide you towards other options, such as negotiating a settlement or engaging in mediation.
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Underestimating the Cost of Appeals
Appeals can be expensive. The costs can quickly add up between court fees, lawyer’s fees, and potential travel expenses. Many individuals fail to consider these costs upfront and are blindsided by the financial burden of an appeal.
An appellate practice lawyer will help you understand the potential costs involved with an appeal. They can also assist in finding ways to minimize these costs while maximizing the chance of a successful appeal. Moreover, they can work with you to develop a realistic financial strategy to fund the appeal.
Conclusion:
The appeal process is complex and full of potential pitfalls. From missing deadlines to failing to preserve the record, several mistakes can derail your case. An appellate practice lawyer is your best ally in navigating these challenges. They will help you avoid costly mistakes, ensure your appeal is properly structured, and ultimately increase your chances of success.
