Seeking an appeal from a higher court after an unfavorable decision from a lower court may be the last straw you can clutch on that can actually save you. Although, how well the appeal plays out heavily depends on the type of appeals attorney you choose to represent you. You have to select the best to have the highest chances of success. Here are the unique qualities that you should look out for when finding the best appellate attorneys for your case.
Specialized Knowledge of Appellate Law
Very often, people choose their trial attorneys to work on their appeal. And this may not always be a good idea. Trial attorneys are good at presenting facts and findings before the jury and the judge but aren't always experts when it comes to appeals. For a smooth and rewarding appellate process, you should go for an appellate lawyer who has deep knowledge of the appellate law.
Appellate lawyers specialize in reviewing a case and spotting potential mistakes after the case has gone through trial. They don't focus on rearguing your case, instead, they look for errors and inconsistencies in how the lower court applied the law in your case. And they possess appellate skills, expertise, and experience that trial lawyers may not have.
Exceptional Analytical Abilities
A good criminal appeals lawyer scrutinizes every aspect of your case keenly to find a basis for challenging the lower court's decision. They are masters at examining a case's rulings, evidence and trial transcripts. And they keep an eye out for the tiniest legal or procedural mistakes that can turn things around. Good appeal lawyers will often identify question inconsistencies, patterns, and nuances that other lawyers will miss. And these highlights can make a compelling argument that will warrant a new examination of your case.
Articulate Writing and Persuasive Argumentation
In appeals, articulate writing is a major determining factor for success. After filing for appeal, written arguments known as briefs are usually submitted to explain why you feel the lower court's decision should be reconsidered. You need to find an appeal lawyer who is clear and concise, and who also understands the deadlines and the proper format expected in briefs. The attorney should also be an expert in bringing up persuasive arguments that appellate judges can relate to. Plus, they should have a strong legal precedent for every point raised in the brief to strengthen your position.
Proven Track Record of Appeals Success
The measure of a good appeals lawyer's skills and abilities lies in how successful they've been in previous appeals. A good Michigan appellate lawyer has a portfolio of favorable appellate rulings which strongly indicates their expertise in the state's appeal courts. The portfolio should have cases that range from simple appeals to highly complex cases that required advanced techniques to bring about the desired outcome.
Strong Courtroom Presence and Confidence
While most appeal cases will only require a written brief for the judges to make their decisions, there are times when oral arguments may be needed too. Here, your lawyer will stand in front of a panel of appellate judges to make your case. You should pick a lawyer who will present a convincing argument clearly and confidently.
The lawyer should be able to foresee questions that judges are likely to ask and be well prepared to answer them fluidly. Such a rare skill demonstrates their good grasp of the case and appellate law. It also shows their preparedness to justify every part of their argument and increases the chances of getting a favorable outcome for you.
Honesty and Transparency with Clients
The entire appeals process, from filing the appeal to receiving a decision from the appellate court, can be lengthy and complicated. Depending on which court you're appealing in, it may take a period of up to 12 months to finally get a decision. Good appeal lawyers for criminal cases are open with their clients about the period it takes and the complexity involved so that they can manage their expectations realistically.
The ideal appeals attorney will break down for you every unique factor about your case and what it will mean in terms of the probability of success and the timeframe to work with. They will also walk you through the entire process and keep you posted on any progress.
Selecting the Best Appeals Lawyer for Your Case
To find the perfect appeals lawyer, you should keep in mind all the above-mentioned factors and ensure the one you choose excels in them. Considering these factors will guarantee that the lawyer you pick is passionate about justice and well-equipped to handle the complexities that come with the appeal process.
Best federal criminal appeal attorneys understand the true weight and impact of an unjust decision and are willing to risk their reputation to fight for justice and ensure you get the fair judgment you deserve, just like any other American citizen out there.
If you're looking for a criminal appellate lawyer who takes every case personally, and who is willing to go to any extent to make a legally sound and compelling case for you, contact Mark Linton today to discover the best approach for your specific case. His passion for appellate law, highly convincing writing and argumentation, sharp analytical skills and transparency will ensure a flawless appeal process with the best chances of a positive outcome.
Comments