» Appellate Practice

What is the difference between a trial attorney and an appellate attorney in Florida?

's Profile Image The job of a trial attorney and an appellate attorney are two different things, and both require two different skill sets. For an example, a trial attorney needs to be able to think on their feet, needs to be able to cross-examine witnesses very effectively. An appellate lawyer needs to be an excellent writer and needs to possess analytical skills. So the skill sets involved to conduct a trial and to conduct an appeal are very different. Read More

What is the effect of denying certiorari by the U.S. Supreme Court?

's Profile Image If the U.S. Supreme Court denies certiorari, that means that the decision of the Court of Appeals is final. It doesn’t necessarily mean that the U.S. Supreme Court agree or disagreed with the Court of Appeals, but it does mean that the Court will not hear your case. Read More

What makes a strong appellate attorney?

's Profile Image A strong appellate attorney is an attorney who possesses excellent writing skills, researching skills, and analytical skills. In addition, a strong appellate attorney should be able to call through a tremendous amount of information and be able to distill that information down to arguments that are succinct and make sense. Read More

What possible outcomes can I expect in my civil matter?

's Profile Image Possible outcomes in a civil matter really depends on what you are appealing or what side you are on. For example, if you were the winner of a money judgment in the lower court and your adversary appealed that decision, if the appellate court affirmed, your judgment would be affirmed. Read More

Where can I find the rules that govern appeal?

's Profile Image Every court system has their own rules that govern appeals. For example, in Florida State Courts, those rules are found in the Florida Rules of Appellate Procedure. In the federal system, they’re found in the Federal Rules of Appellate Procedure. These rules can be found in book form but now many times they can be found online. An experienced Appellate Attorney would be able to explain the rules in your court system. Read More

Who may attend an oral argument?

's Profile Image Generally, oral arguments are open to the public. Some clients want to attend the oral argument to get a better understanding of the process. Other times, they’re happy to let their appellate attorney handle the matter and have the attorney report back to them what happened. You’re not required to attend an oral argument. Read More

Will I be required to testify at the appeal or be present during any of the appellate proceedings in Florida?

's Profile Image You are not required to testify as part of any appellate proceedings, and in fact, testimony is normally not taken. Likewise, you do not have to attend any appellate procedures as well. Your appellate attorney can handle everything. Read More

Can I raise ineffective assistance of counsel on appeal?

's Profile Image In a criminal matter, you can raise ineffective assistance of counsel on an appeal. However, there are specific procedures that come into place before you can do that. In a civil matter, you cannot raise ineffective assistance of counsel as a ground for your appeal. In a civil context, there are other ways that you’ll have to deal with that. You should consult with an appellate attorney if you have more questions about the appeal process. Read More

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