This might seem intriguing at first, as some might wonder why anyone would get a different lawyer for an appeal. After all, since the trial attorney already knows all there is about the case, it seems counterintuitive to hand over the case to a different attorney. Indeed, that is a good point; it is a common practice to let your trial attorney appeal your case. In reverse, hiring a different attorney for your appeal can serve you well and help you win the case. This article gives reasons people do this and why you might also consider it.
While it is a huge plus that a trial lawyer has great knowledge about the case, but hiring appellate attorneys can offer a new look to cases. The trial lawyer, who has lived the case is open to blind spots. In contrast, an appellate lawyer who is fresh on the case can look into these blind spots and offer a different perspective that may help you win easily. New issues that had been hitherto overlooked would be unearthed, and the case would be built.
The Nature Of Appeals
Appeals are very different from trials especially when it comes to purpose and procedures. As regards the latter, appeal procedures are extensive and involve processes such as motion practice. It is always good to hire appellate attorneys who understand and can better handle these differences. Also, the purpose of a trial is to establish a case, and this is done by collecting evidence, questioning and cross-questioning of witnesses, arguments, and counterarguments. On the other hand, in appeals, the case has already been decided; what is done is picking out errors in it to get the previous judgment upturned.
Many people don’t know, but lawyers have specializations based on if they handle trial or appeal cases. As earlier established, a trial case is much different from an appeal, and both involve different processes. An experienced appellate lawyer understands the intricacies of appeals since that is his or her specialization and would be better able to handle them than one who is only a trial lawyer. This dichotomy is a blur as trial lawyers can handle appellate cases and appellate attorneys can handle trial cases too. However, experience in specialization is essential and a huge plus. If the lawyer who dealt with the trial is not so experienced when it comes to appeals, you may consider hiring a different lawyer with that experience.
Finally, it is a plus to consider the services of appellate attorneys when appealing a case. It doesn’t exactly guarantee that you would win the case, but it goes a long way in determining if your case is successful or not. Bringing a specialist lawyer who has experience in handling appeals and who comes with a fresh perspective of the case would help to build a better case. After all, to have a prior judgment upturned, the arguments at the appeal must be stronger than those made during the trial.