The job of any appeals attorney is to handle a specific kind of legal case which is known as an appeal. The appeal is quite different from any standard legal case. This is because I’m an appeal, you don’t request the jury of the judge to make a decision about being innocent or guilty. Instead, you make a request to the appellate court and ask them to reevaluate the decision which had been made by either a lower court jury or by a lower judge. You also request the court to either uphold or to reverse the current decision.
Any of the licensed attorneys has the legal power for filing a motion for appeal. Similarly, he or she also has the power of arguing a case in the appellate court. However, not all attorneys are willing to handle the appeals. This is because appeals require an intense amount of research as well as those skills which differ from the skills required for standard litigation.
What an appeals attorney does:
An appeals attorney needs to research the existing legal case or the past precedent in order to find solid grounds for appeal. The term grounds for appeal means a reason or a set of reasons as to why the court should reverse the decision taken by the lower court. The court of appeals cannot simply reverse the decision that has been taken by a lower court because it was not in your decor or because you think that the court of appeal could have decided on a different verdict.
The most important job:
Thus, the appeals attorney would have to spend a lot of time as well as energy for writing legal briefs. The brief has to be clear and powerful because the strength of this written brief plays a big role in the decision of numerous appeals. This also means that the appeals attorney cannot appear in front of the appeals court and present arguments in the court in the majority of cases. Consequently, the whole decision of the court is solely based on how strongly the attorney was able to present his argument in the written brief which would be presented to the court of appeal. On the other hand, there will be a few cases where the appellate court would prefer listening to oral arguments. This particularly applies to those cases where the issue is extremely complex. However, this isn’t a custom like it is in lower courts.