{"id":352227,"date":"2023-08-17T10:50:37","date_gmt":"2023-08-17T15:50:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-legal-help\/getting-a-lawyer-for-your-appeal.html"},"modified":"2023-08-17T10:50:37","modified_gmt":"2023-08-17T15:50:37","slug":"getting-a-lawyer-for-your-appeal","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-legal-help\/getting-a-lawyer-for-your-appeal.html","title":{"rendered":"Getting a Lawyer for an Appeal"},"content":{"rendered":"\n
\n \n
\n

Getting a Lawyer for an Appeal<\/h1>\n
\n
\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Getting a different lawyer for an appeal is the smart way to go. The process and skills required are different than those pertaining to trial-level proceedings. In many areas of law, including criminal appeals, engaging the right professional support can make a difference.<\/p>\n\n <\/div>\n\n

If you’ve already been through a trial with your defense attorney, chances are you’ve developed a good relationship and want them to handle the next phase of your case. However, that may not be the right option for either you or your attorney.<\/p>\r\n

The following is an overview of why it makes sense to get a different lawyer for an appeal.<\/p>\r\n

What Is an Appeal?<\/h2>\r\n

An appeal is a request to a higher court to review and change the decision of a lower court. It’s not a retrial. Appeals are typically undertaken when there is a belief that a legal error significantly affected the trial outcome. It’s a legal argument that the trial was flawed in some way.<\/p>\r\n

Unlike trial courts, appellate courts do not hear testimonies or review evidence. Instead, they review the transcript and focus on legal arguments<\/a> stating that the trial court made a mistake in coming to its decision. If errors are found, the appeals court may reverse the conviction and return the case to the district court for retrial.<\/p>\r\n

The appellate procedure operates under strict deadlines. Many appeals must be filed within 30 days of the lower court’s decision. It is in your best interests to find a local attorney who focuses on appeals<\/a> to help with your case. <\/p>\r\n

Why Should I Get a Different Lawyer for an Appeal?<\/h2>\r\n

Trial lawyers and appellate lawyers often have vastly different skill sets. Trials require the skills of a lawyer who has experience in the courtroom and making a strong case to jurors<\/a>. Trial lawyers need to be conscious of multiple, rapidly approaching deadlines and must also be extremely careful in their negotiations with opposing counsel. Because they’re trying to persuade a defendant’s peers rather than fellow lawyers, they also must be skilled in presenting facts and breaking the law down into understandable terms.<\/p>\r\n

By contrast, appeals<\/a> often involve large amounts of writing, legal research \u2014 whether online or at the law library \u2014 and arguing complex legal doctrines before a judge or panel of judges. Appellate lawyers are accustomed to having enough time to research legal issues in depth. They write long briefs with intricate arguments. They come to the courtroom extremely well-prepared, becoming experts on the cases before them and the applicable laws. An oral argument, in which an appellate attorney faces a barrage of questions<\/a> from appellate judges, requires a very different skill set.<\/p>\r\n

After all, when arguing appeals, attorneys must be able to parry often disconnected questions from jurists while also couching their arguments within the broader context of the law.<\/p>\r\n

Generally, lawyers find that they can best serve their clients when they focus on either their trial skills<\/a> or their appellate skills, but not both at the same time. So, if your case is past the trial phase and headed to an appellate court, it may be in your best interest to find a new attorney who specializes in appellate practice.<\/p>\r\n

Self-help, such as representing yourself, is not recommended.<\/p>\r\n

Costs and Affordability<\/h2>\r\n

Appellate lawyers often command higher fees because of the specialized nature of their work.<\/p>\r\n

If affordability is a concern, many states have public defenders or assigned counsel for those with criminal matters who can’t afford their own attorney.<\/p>\r\n

Those with civil legal matters can contact service providers that offer legal resources or referrals for finding legal help. Many of these organizations are nonprofits. They help people with legal problems by offering free legal help as well as low-cost legal help.<\/p>\r\n

In general, they are aimed at helping people with low incomes. So, you will probably have to meet income standards.<\/p>\r\n

Where to Get a Referral for an Attorney To Handle Your Appeal<\/h2>\r\n

Finding the right appellate attorney might involve more than simply hiring the first attorney you find in a directory. It will probably involve researching lawyers who specialize in your type of case. Certain factors are important to consider. They are:<\/p>\r\n