Why and when you should hire an appellate specialist

Written by: Collin Crookenden

One of the major questions we get asked is: “Why should I hire an appellate attorney rather than stay with my trial attorney?” You’ve likely spent significant time with your trial attorney, and, hopefully, you trust your attorney. But, appeals are fundamentally different than trials, and they require different skillsets and experience.

Appeals are unique because they are much less about facts and more about the procedure and decisions made by the trial court. Also, appeals are primarily about written argument and not as much about presentation. In fact, appellate judges estimate that they make their decisions about a case about 85-90% of the time on the briefs filed. Oral arguments, then, change an appellate judge’s mind about a case 10-15%. So, if you have a case that you want to appeal—and in Virginia you have an absolute right to appeal every case—you should look into hiring an appellate specialist.

But, appeals don’t start at the end of the trial. You should be thinking about your appeal as soon as you are charged with a crime or a civil lawsuit has started. This is because the appellate courts generally refuse to listen to arguments that weren’t made to the trial court. Remember, because everyone has a right to appeal, you should always be prepared for an appeal. Even if you win at trial, you need to secure that victory in the appellate courts.

So, as soon as you serve/get served with a complaint, or when you get arrested on a warrant/indictment, you should be thinking about who you would want as an appellate attorney. The appellate attorney will consult with your trial counsel about what arguments need to be preserved for appellate review pursuant to the Rules and step in when the time comes to represent you for appeal.

The best option is to choose a team that will represent you at trial and has an appellate specialist. As VF&N’s appellate specialist, I advise the entire firm on the appellate impacts of every case that we take to trial and am involved in the substantive motions in the case. I evaluate every case for appellate possibilities and sit in on trials and motions hearings to ensure that every possible argument is preserved for appeal. We work as a team for you.

If you are facing a legal battle, don’t wait to plan for your appeal. Contact Collin Crookenden today to schedule a consultation with our appellate specialist. We’re ready to protect your rights from the very start — and all the way through appeal.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer