When to refer an appellate case to an appellate lawyer
Whether you’ve lost or won the case at the trial court level, when the case has to go up on appeal, you have to confront the question of whether to refer this case to an appellate lawyer. So, when should you try to handle the appeal on your own versus trying to refer it to an appellate lawyer?
In Pennsylvania, it is not an uncommon practice for trial lawyers to handle their own appeals, but many cases benefit from a specialized appellate lawyer. Here are three examples of times that you should consider referring the case or getting an appellate lawyer to work with you as co-counsel.
1. The case is high stakes, and you’ve never handled an appeal before.
While there’s a first time for everything, if a case is high stakes and you’ve never handled an appeal before, it’s best to bring in an appellate lawyer, at least to help you out as co-counsel. An appellate lawyer will know the deadlines, the rules, proper procedure, internal operating procedures as published by the courts, and will also be able to help with jurisdictional questions and other technical matters.
One example is the need to determine which of the intermediate appellate courts in Pennsylvania receives jurisdiction of the particular appeal in your case. A specialized appellate lawyer can also help to produce an appeal that might be considered favorably by the Supreme Court of Pennsylvania, or even the Supreme Court of the United States if a proper federal or constitutional issue has been preserved.
An appellate lawyer can help you during the trial process by ensuring that things are properly preserved for appeal, and by making sure that your post-trial briefs are filed in time. Appellate counsel can ride alongside you or handle the case in the driver’s seat if you’re comfortable.
2. When your performance or decisions at trial are a major part of the appeal.
If the trial court has issued a verdict that depends at all on a claim that you did not perform appropriately at trial or made a mistake, it is certainly best to bring in appellate counsel. There are ways that appellate counsel can mitigate what’s claimed about you in a way that will help the client but won’t hurt your career. Recognizing this and having the courage to step aside or obtain help is a way to promote your client’s best interests.
This doesn’t mean that you did anything wrong, and it doesn’t mean what the trial court said about you is true. The trial court may be wrong, but having someone else argue that you were right often helps you in the appeal process to persuade judges that the verdict in your case should be reversed.
3. When the attorney-client relationship has broken down.
If your relationship with your client has become negative from losing the trial, or just over the course of the entire case, it is best to being in an appellate lawyer who can help to reset that relationship and take the lead on presenting your case in a positive way both to the client and to the court. Ensuring your client’s appropriate participation and keeping them from making mistakes in the appellate process can sometimes be managed by an attorney who handles appeals. Again, this might mean you pass off the case entirely, or it might just mean you bring in someone to help.
Conclusion: Call our appellate attorneys for help.
Do you need help with your appellate case? Or do you need to refer it entirely to someone else? Call Cornerstone Law Firm today. The attorneys at Cornerstone Law Firm are experienced in appellate law of all levels of the Pennsylvania and federal systems, including the Supreme Court. We’d be happy to work alongside you in your case in order to ensure that you succeed at the appellate level.