Why
You Need an Appellate
Attorney
Appeals are very different from any proceeding
that takes place in the
trial court. The Courts of Appeal have special rules governing
appellate procedure. More important, the Courts of Appeal see cases
from a different perspective than the trial court or jury.
Appellate
attorneys understand the special procedures and the unique
viewpoint of the appellate courts. Appellate attorneys are usually
skilled writers, who will draft briefs that the appellate judges will
find compelling and persuasive.
Some appellate
attorneys are certified by the California State Bar as
Appellate Law Specialists. In order to obtain this certification, the
attorney must pass a written examination in appellate law; demonstrate
a high level of experience in appellate law; fulfill special ongoing
educational requirements; and must be favorably evaluated by other
attorneys and judges familiar with their appellate work.
Although
certification is not required for an attorney to appear before
a Court of Appeal, clients can rest assured that Certified Appellate
Specialists are highly competent attorneys with expertise in appellate
law and procedure.
Over the past
decade, the Courts of Appeal
have recognized the sharp differences between the attorney skills that
are necessary to practice law at the trial court level as compared to
the appellate level, and have emphasized the importance of using
attorneys who are trained and experienced in appellate law.
The Courts Speak
The following excerpts from recent decisions
cite the importance of retaining a
qualified Appellate Specialist
"We also observe that trial
attorneys who prosecute their own appeals, such as appellant, may have
'tunnel vision.' Having tried the case themselves, they become
convinced of the merits of their cause. They may lose objectivity and
would be well served by consulting and taking the advice of
disinterested members of the bar, schooled in appellate practice. We
suspect that had appellant done so they would have advised him not to
pursue this appeal."
Estate of
Gilkison (1998) 65 Cal.App.4th 1443
"In
the present case, defendants have hired experienced and competent
appellate counsel in an effort to ensure that it was appropriate to
proceed with the appeal. After consultation with their appellate
counsel, defendants have determined that no purpose will be served by
pursuing the present appeal. Such a course of conduct is to be highly
commended."
Small v.
Hall's Furniture Defined Benefit Pension Plan (2000) 79
Cal.App.4th 648"Appellate
practice entails rigorous original work in its own right. The appellate
practitioner who takes trial level points and authorities and, without
reconsideration or additional research, merely shovels them in to an
appellate brief, is producing a substandard product. Rather than being
a rehash of trial level points and authorities, the appellate brief
offers counsel probably their best opportunity to craft work of
original, professional, and, on occasion, literary value."
In re
Marriage of Shaban (2001) 88 Cal.App.4th 398
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