An appeals lawyer is someone who requests the Court of Appeals to review your case in the lower court if you are not happy with the decision handed down by the judge or the jury. An appeals lawyer is really in a class of his own.
Unlike other lawyers, he spends most of his time studying legal documents and checking the legal dockets for entries on cases that are similar. All this is done to create a solid case for your appeal, and to convince the presiding judge of your appeal that the judge or jury in the lower court made a wrongful turn in applying the law.
One the research is done, he then proceeds to create a legal brief to present to the appeals court. Aside from being a worm for legal documents, one thing that makes the Law Office of Stephen Preziosi different is that they do not make an oral presentation before the judge. They only do so if the case is complex and there are points in the legal brief that need to be further explained to be better understood.
One thing that we know about the court of appeals is that the judges there are deferential to the decisions made by the lower court most of the time. In other words, they reject the appeal. They only divert from this attitude when there is clearly a wrong turn made by the judge or jury in applying the law. This is the reason why you might want to hire a lawyer who specializes in appeals if you are unhappy with the decision made in your case.
A lawyer who specializes in appeals has spent more time doing research on cases that are similar to yours. Also, he knows how to craft that all-important legal brief to convince the appeals judge to reverse or remand the decision by the lower court.
What is the difference between a reverse and remand? In the case of reversal, the appeals judge overturns the decision, making an 180-degree turn in your favor. With remand, the case is returned to the lower court with instructions to the presiding judge.
As we said earlier, the appeals court is mostly deferential to the decisions handed by the lower courts. This is bad news because, under the law, you can only make an appeal once. If the court of appeals does not decide in your favor, your last resort is to ask the Supreme Court to review your case, but please take note is purely discretionary, and the Supreme Court judges may not grant your request for review for no reason at all.
It’s precisely because of this that most people in the legal community think that the Court of Appeals is the court of last resort. This is also the reason why you need to hire the best appeals lawyer around if a case is very important to you. A specialist appeals lawyer would have the experience and the skill to make your appeal work in your favor.