What appellate counsel does differently
An appeal is not a new trial. Appellate courts generally do not hear witnesses or take new evidence; they review the written record and decide whether legal errors affected the outcome. Appellate legal representation is therefore focused on research, issue selection, and writing, and on making a narrow argument persuasive to judges who did not see the trial. A lawyer who was not involved below can bring a fresh read of the record and can be candid about which issues are unlikely to matter. Many clients keep trial counsel involved for knowledge of the case while appellate counsel takes the lead on the briefs.
Bringing appellate counsel in early
Appellate lawyers are often most useful before the appeal begins. During trial or ahead of post-trial motions, they can help make sure objections are properly preserved, that requested jury instructions are on the record, and that post-trial motions raise the issues worth taking up. Once a judgment is entered, the deadline to file a notice of appeal can start running quickly, in some courts without any service, so any handoff between lawyers should be planned. Have ready the decision or judgment, the docket, any transcripts already ordered, and the key motion papers. Criminal appeals follow their own procedures and raise different rights, so this page addresses civil matters.
Cost, stays, and setting expectations
Appeals carry their own costs, including transcripts, record preparation, and brief writing, and fee arrangements for appellate work often differ from those in trial litigation. A party that lost a money judgment may need to post security to stop enforcement while the appeal is pending, and a party that prevailed may need to plan for a delay in collection. After reading the record, we discuss which issues are realistically reviewable, the standards the court will apply to them, and the likely pace in that court. Settlement talks during an appeal are worth considering too, and some appellate courts run their own mediation programs.
