What does an appellate attorney do?
An appellate attorney determines whether an order is appealable, and the deadline for filing that appeal. Also, there may be other steps needed at the trial level to preserve your appellate rights, and an appellate expert can make that determination.
The decision to appeal is very difficult. It requires consideration of the chances of success, risks, time, money, and also the emotional toll of further litigation. An appellate attorney can assist you in making your best decision.
Once the decision to appeal is made, an appellate attorney will make sure your appeal is filed on time. Otherwise, you will lose your right to appeal. If mediation is ordered in your case, an appellate attorney will represent and assist you at mediation.
An appellate attorney must assure that a full and complete record necessary for the points raised is prepared and presented to the appellate court. Next, the time intensive work begins of reviewing the record, performing detailed research and analysis, and preparing the written documents – “briefs” – that present your case to the appellate court.
Oral argument may be granted in your case and an appellate attorney will represent you at oral argument. This is a short opportunity to answer the appellate judges’ questions while presenting your points, or responses on appeal.
Once the appellate court enters the decision, an appellate attorney must evaluate the decision to determine if there is any further action needed.