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Who Is An Appeals Lawyer? What Are Their Responsibilities?

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16 January, 2024

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An appeal happens when someone disagrees with a court decision. Thus, asks a higher court to check if it was fair. Lawyers handling appeals step in when someone feels unhappy with the lower court’s choice. Thus, the higher court looks at the records from the first trial but can’t add new stuff. After all, it’s not a new trial. Therefore, appeals aren’t like TV dramas. They’re more about writing and research.

An appeals lawyer creates a detailed document (like a book) explaining the facts and laws for the higher court to review. Then, this court decides if the lower court’s decision should stay the same or change.

If you’re the one appealing, your appeals lawyer tells the higher court why the first court made mistakes. Additionally, you also need to say why things should change. If you’re defending the first court’s decision, your lawyer explains why the decision was right.

An appeal is like a legal second opinion, where a higher court takes a look at a decision made by a lower court. They make sure it follows the rules. It’s a way to question or disagree with a court’s choice.

Why People Appeal

People appeal to make sure that the law was understood and used correctly in the lower court. It’s not about having a new trial or showing new proof.

Steps in Appealing

To begin, you have to officially say you want to appeal within a set time after the lower court’s choice.

Paperwork and Records

Higher courts need a record of what happened in the lower court, and written documents explaining the legal arguments.

Checking the Appeal

The higher court looks at what happened in the lower court to see if any legal mistakes were made. They focus on whether the lower court applied the law correctly, not on rethinking the facts. 

Appeals Lawyer Will Handle All Types of Appeals

Some appeals are automatically allowed by law, like when the Constitution is violated or there are legal errors.

Decided by Discretion

In some cases, higher courts choose if they want to accept an appeal or not.

Results of an Appeal

The higher court might agree with the lower court, change its decision, or send the case back for a new trial.

Real-Life Examples Of Appeals

These are some real-life examples where an appeal lawyer took the case up for an appeal in a superior court of law.

Miranda v. Arizona (1966)

This case gave us the “Miranda warning,” making sure people know their rights before talking to the police.

Brown v. Board of Education (1954)

This important case stopped racial segregation in public schools, saying “separate but equal” was not okay.

Appeals are super important because they make sure the legal system is fair and gets the law right, often creating examples for future cases. 

Appeals lawyers And Trials

An appeals lawyer can step in after trials in lower courts, like criminal or civil courts. Therefore, they take those cases to higher courts such as the Court of Appeal or Supreme Court. These appeals happen in both state and federal courts. Thus, be it medical malpractice lawyers or civil attorney, any lawyer can be an appeals lawyer.

State Courts Have Different Levels

District Courts of Appeal, trial courts, and a State Supreme Court. In Federal Courts, there are District Courts for trials, United States Circuit Courts of Appeal, and the United States Supreme Court.

Therefore, an appeals lawyer handles cases from lower courts, both civil and criminal. They aim to reverse a lower court’s decision and challenge a jury’s verdict. Additionally, they correct a legal error made during or before a trial.

Petitioner or Appellant

They review a decision made by a lower court judge on certain legal matters in cases. If the losing side appeals, they’re known as the. The winning side responding to an appeal is what we call the Appellee or Respondent.

In both situations, the appeals attorney writes a brief to argue how the law applies to the facts presented in the lower court.

How Do I Get A Pro Bono Appeals Lawyer Nevada?

How Do I Get A Pro Bono Appeals Lawyer Nevada

If you’re in need of legal help but can’t pay for a lawyer, you might find assistance through Nevada legal aid or pro bono services. Here’s how you can access a pro bono attorney in Nevada.

Firstly, take a look at the Legal Resources Directory Brochure for more details. This resource can guide you to available options.

Next, reach out to any of the legal service providers listed in the brochure. They might offer the support you need.

Consider becoming part of the pro bono attorney panel in Reno, Nevada, or neighboring areas by completing an online contact form. This step might connect you with volunteer opportunities. Another option is requesting a referral online via the Lawyer Referral Service. They can guide you to appropriate pro bono legal aid.

Additionally, explore the Federal Pro Bono Program in the District of Nevada. This program allows the court to assign pro bono (unpaid) counsel to qualified individuals in certain civil cases.

To Conclude

Appeals attorneys actively file briefs before higher courts to seek a review of errors that occurred in a trial court. These professionals organize briefs outlining the facts from the lower court.

Additionally, the standards utilized by the higher court for review are what they deal with completely. These are legal arguments that clarify the flaws in the lower court’s decision.

They operate within strict limitations, often restricted to utilizing information from the trial court’s transcript and record. An appeals lawyer cannot introduce new evidence during the appeal process or before the higher court. 

Consequently, they rely solely on facts, evidence, and legal matters presented in the trial court to file appeals with the higher court.

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Debkanya is a lawyer turned writer. With an experience of 3 years, she is your go-to source for all things law. She has a soft corner for the US and international section. When the weekend arrives, you'll find her reading up on politics, Austen, or travel blogs over a cup of coffee.

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