Not every lawyer is equipped to handle your appeal.
Whether you won at trial and your opponent filed an appeal, or you lost at trial and you are not ready to give up, you have to hire the right lawyer for your appeal. Appellate advocacy is different from trial work, and many lawyers struggle to switch gears from arguments that will win at trial to the kinds of arguments that will win on appeal.
Start Fresh
Unfortunately, many lawyers think they can just recycle the arguments and briefs they used in the trial court when handling an appeal. That is not the best approach. Instead, a quality appellate lawyer will take a fresh look at the case. A new approach and a new framing of the issues are needed on appeal. It can be difficult for trial lawyers to look at a case they’ve lived with for years with a new perspective. Consider bringing in new counsel for your appeal.
A Passion for Writing
Often, the party with the best appellate brief wins. If you want to win your appeal, you need an appellate lawyer who is committed to the craft of writing. Make sure your appellate lawyer can write well. Zeb Snyder has studied the work of legal writing experts, and relishes every opportunity to write appellate briefs.
Edited for Content
The secret to good writing is good editing. Many lawyers are notoriously bad at editing. Most motions and briefs that get filed in court are very close to first drafts. If you are using your trial lawyer for your appeal, ask your lawyer what his or her editing process is. If he doesn’t have one, ask your lawyer to consult with Zeb Snyder.