What Goes into a Good Appellate Brief?

Writing an appellate brief is a part of every law school’s training, and students are required to practice writing briefs in the first year of college. Yet, there is a subtle art to writing a successful appellate brief. An ineffective brief could be an important reason for a lost appeal. Our team of top appellate lawyers has written thousands of briefs over the years and knows what it takes to write a good brief.

Trial Attorneys Are Not Necessarily the Best People to Write a Brief

It’s difficult to find a trial lawyer who has the expertise that goes into writing a good appellate brief. They often equate the content with that of a jury speech and address appellate judges as they would address a trial judge or even jurors. Such briefs are usually filled with irrelevant rhetoric that serves no purpose. Some trial lawyers understand the nuances of an appellate brief but fail to present their arguments effectively.

A Good Brief Has Arguments that Are Presented Well

The appellate brief is always framed within the standard of review and contains all the necessary facts and law, providing sufficient background information. It also explains the relief that’s requested. The brief must have a logical flow with an analysis that’s easy to follow without missing any essential points. The relevant law must be mentioned to allow the judges to decide on the raised contentions. It must cite all relevant cases whenever possible. You may also provide attachments to supplement the brief. For example, if you claim that a statute has changed, make sure that a copy of the older statute is attached. Similarly, rules and regulations relevant to the brief must be attached because they help save time.

The Facts Are Presented Briefly but Precisely and Persuasively

Facts must be presented precisely and effectively, giving the law clerks and appellate judges the background and presenting facts they need to understand and analyze. The points must refer to the Record on Appeal because law clerks and appellate judges always refer to the record sites while examining the brief. Experienced appellate attorneys also prefer to catalog and mark exhibits rather than haphazardly presenting them.

Appellate Attorneys Understand the Nuances of Writing Briefs for Different Appellate Courts

Appellate judges in an intermediary court usually restrict themselves to analyzing trial court judgments based on existing laws. They do not generally involve themselves with factfinding. Arguments based on factfinding are best reserved for trial courts. Similarly, arguments related to change of public policy or public law is best left to the Supreme Court.  Appellate attorneys preparing a brief for the federal court know that they must refer to the Federal Rules of Appellate Procedure and the local rules of the court when the appeal is being made.

Most importantly, appellate attorneys must follow procedural rules that govern appeals. There are instances where briefs have been rejected because they contained too many lengthy footnotes. Sometimes briefs are dismissed because they’re too long and sometimes because there’s too much material in the brief.

If you are looking for experienced appellate attorneys to file a criminal or civil appeal, visit us!

source https://www.brownstonelaw.com/blog/what-goes-into-a-good-appellate-brief/

How to Choose a Criminal Appeals Lawyer

A criminal conviction can have severe implications on your personal and professional life. It could mean thousands of dollars in fines, imprisonment, court fees, and even loss of a professional license. For serious offenses, you could lose voting rights, firearm privileges, and could be sentenced for a lengthy prison term. Are you looking for criminal appeal lawyers in Georgia? Read these tips to choose the right attorney and improve your chances of success:

Values Time

During a criminal conviction, time is of the essence. Maximizing your chances of winning a criminal appeal largely depends on filing the proper paperwork with the appellate court within the given timeframe. For example, the notice of appeal with the appellate court must be filed within 30 days of the judgment made at the original trial court. If the criminal appeal lawyer fails to do so, the court can throw the appeal even before it is heard.

As soon as you contact the appeal lawyer, he or she must respond promptly. As soon as you reach the lawyer or fill out the online contact form on the lawyer’s website, you should expect someone from the lawyer’s team to get back to you quickly.

Experienced

Naturally, the criminal appeal lawyer you choose must be qualified. But experience is also an important consideration. Make sure that the attorney has plenty of experience in handling appellate cases. Your lawyer must understand the nuances that differentiate between trial and appellate courts. The attorney must know the basics of criminal appeals and must be honest enough to explain the possible consequences of losing or winning the appeal. They must also advise about the penalties associated with the charges against you.

Experience also determines confidence. Criminal cases move fast, and a few seconds can make a significant impact on the case. During the initial interview, check the lawyer’s appearance. His or her confidence and experience are often apparent throughout the interview. You must like the way the appeal lawyer presents himself or herself because your lawyer is going to speaking for you.

Understanding When to Appeal

Not all aspects of your case can be appealed. For example, you can only file convictions related to sentencing errors, errors of law, or miscarriage of justice. If the counsel offers ineffective assistance, if the evidence was excluded improperly, or if jury instructions were given incorrectly, you can always file an appeal.

 

source https://www.brownstonelaw.com/blog/how-to-choose-a-criminal-appeals-lawyer/

Everything You Wanted to Know About Appealing a Case

If you’re not happy with the judge’s order or decision in a court trial regarding a criminal or civil case, you can, in most cases, request an appeal in an appeals court. There can be several grounds for appeal. For instance, you may appeal a case citing an error of law in prior proceedings. Such errors could be related to misinterpreting a legal precedent or using evidence that should not have been included. You could also make an appeal claiming procedural matters weren’t followed correctly, compromising the fairness of a trial. If you are planning to appeal a civil or criminal court judgment, here’s everything you need to know:

1. What Are the Various Grounds for Appeal?

Appellate attorneys can appeal if the judge has not followed the proper procedure of law like instructing the jury, handing testimony of the witness, or other mishandled procedures. Appeals can also be made if the judge has misinterpreted a hear-say rule or included testimony that should have been excluded during the trial. Sometimes, the judge may have misapplied a principle of law or applied a statute that does not apply.

For example, a criminal appeals lawyer may hire a forensics expert to make sure blood samples, DNA samples, hair samples, and other pieces of evidence were not mishandled. In a civil appeal, the appeals lawyer may hire financial experts and even handwriting specialists to check if any information earlier submitted during the trial contradicts any statements.

2. What Is an Appellate Brief?

An appellate brief is a statement made by the appeals attorney arguing that the decision in the trial court was incorrect. Naturally, the party who won the case in the trial court will defend the judge’s decision.

3. How Does the Appeal Attorney Determine the Decision in the Trial Court Was Wrong?

Appeals attorneys refer to the record, i.e., elaborate documentation of the proceedings that took place during the trial. This includes pleadings, the pre-trial motion, exhibits that were put up as evidence, a transcript of the court proceedings, post-trial motion, and other relevant information.

4. Why Should You Choose Experienced Appellate Attorneys?

An experienced appeal lawyer understands that the success of an appeal largely depends on thoroughly scrutinizing the record to get critical evidence. Appeal procedures are complex and require expertise when filing and arguing appeals. Penny pinching isn’t advisable when looking for an appeals lawyer. A successful appeal often depends on writing an excellent brief, so choose a lawyer with a reputation for excellent oral skills and who understands the various cases related to your appeal.

source https://www.brownstonelaw.com/blog/everything-you-wanted-to-know-about-appealing-a-case-2/

The High Demand for Lawyers amid the Coronavirus Pandemic

From giving proper advice to employers on how they should respond once an employee tests positive for coronavirus to helping them counselling employees afraid of contracting it through the workplace. Top appellate lawyers work around the clock in order to help clients navigate the unexplored legal waters that are sparked by the swiftly spreading COVID-19. Some law firms have designed multidisciplinary task forces so as to assist clients, both domestic as well as international, to tackle the myriad of challenges posted due to this pandemic.

These top appellate lawyers alongside firms are helping all others while grappling with the substantial effects of coronavirus on their day to day operations, for instance, the need to close their offices and employees working remotely. Numerous companies have also embraced the pandemic’s long term economic effects that could lead to a boost in the demand for legal services while at the same time depressing the market for all others.

Lending a Helping Hand to Employers

There are several employers who have inquired regarding how they should treat those employees who have tested positive for COVID-19. Our top appellate lawyers recommend that employers make sure they are taking all the necessary precautions and actions when it comes to determining which employees must be required or requested to self-quarantine. If an employer decides that any employee cannot enter the workplace, the employer must ensure that he/she remains in compliance with all the other laws that might come into play, for instance, the federal Family and Medical Leave Act.

The FMLA, for instance, requires employers with more than fifty employees within seventy-five miles of the business’s worksite in order to provide employees with a job protected, unpaid leaves for specific medical and familial reasons. Employees who take the FMLA leaves are allowed to receive the same health coverage from their employers just as they were before taking the leaves.

Your employer plan should include the following:

1. A report of how the business of the company is going to continue during a temporary closing, government lockdown or leave.
2. A remote work from home policy that helps the continuation of all your business’s operations.
3. Extra cleaning or decontamination services, alongside the provision of soaps, hand sanitizers and antiseptic wipes to make sure your workspace is safe.
4. Incessant communications with the employees that provide latest, most accurate information on all best practices along with precautions for protection against COVID-19.

GUIDANCE FOR EMPLOYEES AND HEALTH CARE INSTITUTIONS

Some of the Top appellate lawyers representing employees state that they too have been fielding a solid stream of queries regarding the implications of COVID-19, in particular relating to the safety of their workplaces. It is advised the employees who are worried about the symptoms they are experiencing should request their employers to provide reasonable accommodations as per the law.

 

 

 

source https://www.brownstonelaw.com/the-high-demand-for-lawyers-amid-the-coronavirus-pandemic/

How Has COVID-19 Affected Law Firms

The world has been reshaped by the 2019 coronavirus, and numerous industries will undergo a transformation. Once the dust settles down, the legal landscape is going to look extremely different.

How Has COVID-19 Affected the Legal System At Large

Coronavirus’s influence on the practice of law is felt the most inside the courtroom. There are lesser cases overall, with all the hearings being postponed, dispositions cancelled or postponed, and the deadlines extended. The insistence that mostly drives the legal industry has been mostly removed. Therefore, there is a need for people to hire attorneys on a short term basis. These delays, along with slow-downs, pose a potential threat to the appeal lawyers’ income.

The cash flow has slowed down, and all the finances are in an upheaval. There are numerous people who require access to additional funds which includes endowments, structured expense plans, and investments, to name a few. Under such circumstances appeal lawyers who help out their clients with these financial activities must prepare to act quickly.

How Will COVID-19 Affect Court Appearances and Clients

There is a level of difficulty faced by firms due to coronavirus as they switch to working remotely. This difficulty is going to depend on two factors:

1. Court appearances
2. Age of clients

There are numerous cases which have been cancelled or postponed, and some courthouses have been completely shut off. Essential activities, for instance, criminal bond hearings and child custody are still taking place. Nonessential court cases, for example, personal injury and evictions have been put on hold. Consequently, law firms are going to find older clients who require increased face to face interactions. COVID-19 also adds an extra layer of urgency as your clients might face extremely difficult decisions in the face of adversary. For all employment lawyers, clients who have been laid-off are going to require instant assistance as they begin to navigate unemployment and various other challenges.

How Is COVID-19 Going To Affect Law Firms

Business owners are most likely to ramp up efforts in expectation of defaults, forbearances, plus alterations to short term compensation plans. As per our appeal lawyers, we can expect to see an uptick in a non-compete lawsuit.  COVID-19 is going to bring an increased number of clients to law firms. The recession in the year 2008 triggered the launch of new businesses. There is a whole host of new startups just waiting to emerge as a consequence of COVID-19. Attorneys are going to be in high demand in order to help businesses develop as well as evolve.

Between March 15^th and 21^st 2020, more than 3.3 million people have filed for unemployment. This is 1% of the country’s population. As these individuals head back to the workforce, they will have to readjust their goals accordingly. Some of these jobs will never return and will not be altered. This is going to provoke some individuals to explore other career options.

All new business owners are going to seek help from lawyers to help them legally protect their business. Lawyers are going to be tasked with helping startup owners make all the correct decisions regarding their tax status and deciding which entity to create, for instance, sole proprietorship or a limited liability corporation. Your clients will require help with their operations and membership agreements throughout the COVID-19 pandemic.

 

source https://www.brownstonelaw.com/how-has-covid-19-affected-law-firms/

Seven Points to Consider When Selecting an Attorney

Finding an appeals attorney can be a complicated task and would require you to consider a plethora of factors before making a decision. An attorney is someone who represents you in the court of law, which is why it is imperative to make an informed decision, especially when it comes down to an appeal attorney. Why the increased focus on appellate attorneys you might ask? Well, firstly, appellate attorneys represent cases that are generally not in the plaintiffs’ favor, which is why it requires an even greater consideration before choosing your appeal attorney. If you are wondering how to choose your appeals attorney, here are seven tips to help you make an informed decision:

1. Licensed Attorney

Well, obviously, the first factor you need to consider is whether your attorney has a license. Even if they have one, you should also confirm if they are allowed to represent your case in the court of law. Signing up with an attorney and finding later that your case cannot be represented will only cause unnecessary delays in your appeal procedure.

2. Effective communication skills

One of the most important traits an attorney needs to possess is effective communication skills. The attorney needs to explain the judge why your case needs favor. A piece of advice, always have a word with your attorney in detail. If he/she is unable to convince you, chances are they might not be able to convince the judge and the jury.

3. Past record

Historical information about various practices and cases represented in the court of law will certainly help you understand your attorney’s background. An attorney with many cases on their career will definitely have a better exposure and understanding about how courts work. It also gives you the ability to reflect on their success rate to determine their capacity and ability to represent cases effectively.

4. Trustworthy

For someone who represents your case in the court of law, you surely need to develop some sort of trust. You need to unfold a lot of information to your attorney and often, the information is personal. If your attorney is not trustworthy, it might result in an embarrassing situation. A piece of advice: seek for reviews from the market or trust your gut feeling about the attorney. If you feel that the attorney is not a trustworthy individual, chances are you are right.

5. Experience with similar cases

Specialization is one critical factor when it comes to representing the case effectively and increasing the chances of winning. For example, if you have filed for a personal injury claim, but hire an attorney specialized in real estate cases, chances are that the attorney will not be able to represent your case as effectively.

6. Understands your case

Before you decide to proceed with an attorney, ensure that they understand your case. You need to be clear about what your expectations are and what the attorney needs to push for. Do not leave it at the discretion of the attorney or assume they understand. Ask for their opinion and views explicitly. Since you are paying for the services, you have all the right to demand if they understand what they are representing. If you feel, your attorney is not competent enough to understand the objective of the case, it is best to look for another one.

7. Transparent about fees

The judicial system has different fee structure that you may be unaware and usually the attorney needs to inform you about the various legal fees you need to cover. However, it is better to be transparent about the fees right from the start to avoid blowing your budget mid-trials.

source https://www.brownstonelaw.com/seven-points-to-consider-when-selecting-an-attorney/

How the Judicial System Works in an Appeal Process

The judicial system is tricky and complicated. Each category of judicial system has differing laws and practices according to the misdemeanor, claim, the state, and various other factors. Since there are several rules and regulations that need to be considered when presenting a case, it can often become difficult to determine the course of the judicial system. For example, the judicial system is different for handling juvenile cases compared to adult criminal appeals. Similarly, the judicial system works differently for eviction cases than personal injury claims. One of the trickiest encounters you can face in the judicial system is when your case is rejected and you need to represent yourself with an appeal. Now you might think that you can simple search for the top appellate lawyers or criminal appeals lawyers to increase your chances of success. However, here are a few things you need to know about judicial system and how criminal appeals work.

The Judicial System For appeals

When a court hands out its ruling, you are allowed to defend your case in a higher court and refute the ruling placed against you. It does not matter whether you were the plaintiff of the defendant. As long as the ruling was not in your favor, you are free to appeal against it in a higher court. Frist, the higher jurisdiction court will either accept or deny the appeal, which means chances are that your appeal will not be heard. Therefore, it is imperative that you hire from the top appellate lawyers available to make your appeal worthy and acceptable.

 

How do you make the criminal appeals worthy?

Well, according to law, if you are wrongfully convicted of a crime you did not commit, you need to challenge the ruling in a higher court of law. However, criminal appeals need to point out an error made by the jury or the judge. That means, that your criminal appeals lawyer needs to examine the ruling made by the court and identify a fault in the verdict based on the guidelines provided in the law. The appeal needs to be descriptive and clear to be accepted in the higher court.

 

What Happens once my appeal is accepted?

Once criminal appealsare accepted in a higher court, the criminal appeals lawyer will seek a standing order to halt the verdict or the penalty imposed by the previous court. However, this process needs to be quick and effective to ensure the plaintiff does not face any severe consequences due to a delay in the process.

 

Hiring one of the top appellate lawyers gives you an edge as they have the necessary exposure and experience in the field. It may be a tad more expensive to hire one of the top appellate lawyers compared to other criminal appeal lawyers with less exposure and experience. However, when it comes to criminal appeals, you better not take your chances on your case and hire the best talent available to speed up the process.

 

 

source https://www.brownstonelaw.com/how-the-judicial-system-works-in-an-appeal-process/