While an appeal is a continuation of litigation, it is much different than trial practice. An appellate attorney brings a fluency in appellate practice to the case.
But even attorneys or clients skilled in appellate practice can often benefit from the “fresh set of eyes” an appellate attorney brings to the case. The appeal is argued to a new court that was not involved in the trial at all. Who better to identify the best arguments and how to present them than an appellate attorney who can view the case with the same objectivity?
I explore these themes in more detail at my website and in a 5-post series. I encourage you to follow both links and read my thoughts on why a new lawyer on appeal can benefit the client. The information presented at those sites is as valid for federal appeals as it is for state court appeals. You may also wish to check my answers to Frequently Asked Questions about appeals.
I have been dealing with my own civil case without benefit of experience, education or an attorney. I consider it a miracle that my case is alive and making it’s way through the system. My Appeal Brief was filed April 16, 2010 and the Respondent’s Brief is due Sept. 17, 2010. Don’t know when the oral arguments while be scheduled but I pray for some good, experienced, attorney help for it.
I am challenging the California Horse Racing Board’s (CHRB) statutory authority to adjudicate civil contract disputes and order the disposition of partnership assets as they have done in my case. . The statute which defines their authority is Business and Professions Code 19440. Nowhere in that statute, or any other, has the legislature empowered the CHRB to adjudicate legal matters out side the administration of the rules and regulations of race horse meets with pari-mutual wagering.
I have already done most of the heavy lifting here but pray for professional legal help. Know anybody who would read my Opening Brief and offer limited-scope (I have no money-sleeping in my van til’ this is over) advice on the oral argument phase?
Gail Ruffu