Filing an appeal in a family law court is an option you can use to overturn a court decision. But it’s a complex process that can present unexpected issues for clients and their trial attorneys.
There’s a difference between the expertise of trial and appellate attorneys. This is just one of the reasons why you should find the right lawyer to handle your appeal.
Even if you didn’t have a lawyer when you filed your original suit, it’s essential that you work with an appellate attorney in order to navigate the appeals process.
The Benefits of Working With a Family Law Appellate Attorney
If you didn’t have an attorney during your original family law case, you’ll need to acquire one if you want to appeal the final court decision.
Securing an attorney who understands the appeals process in family law can mean the difference between the success and failure of your appeal.
Appellate attorneys have unique skills and experience that many trial attorneys lack. They specialize in the requirements of appellate courts and the preparation of appeals cases.
Trial lawyers emphasize jury arguments and negotiations with the opposing party’s counsel. They give compelling arguments that are directed at the jury, which consists of the peers of their clients.
But appellate attorneys must take a different approach. Their work involves comprehensive research and the ability to make complex legal arguments to appellate court judges rather than a jury.
They must respond to the questions from the appellate court and understand the legal aspects related to your case.
Choosing the Right Appellate Lawyer for Your Needs
Finding the appellate attorney who can help you achieve a successful outcome is the first step in the appeals process.
Like trial lawyers, an appellate attorney may have greater experience in a specific area of practice. So choosing someone who understands family law appeals is vital to your case.
This ensures that you and your attorney can identify the errors that were made in the lower courts. They must have a current understanding of the laws that affect your case.
Complex cases may require an appellate attorney with a defined specialty, resulting in a deeper understanding of the issues that are involved.
An experienced appellate attorney is prepared to handle any issues that can arise during the process. This can only come from having experience and expertise in family law appeals and cases just like yours.
Legal Strategies for a Successful Appeal
Obtaining a successful appeal requires you and your attorney to understand the facts related to your case and the potential errors that were made by the lower court.
But attorney’s can also make mistakes that cause your appeal to be delayed or rejected.
The following are some of the common mistakes that the wrong attorney can make in an appeal:
- Failing to follow the procedures required by appellate courts
- Missing filing deadlines
- Treating the appeals process as a trial proceeding
- Failing to cite the record when necessary
- Making too many arguments in your appeal
These and other mistakes may cause the appellate court to dismiss your appeal. That’s why you need an attorney who understands how to move through the appeals process and deliver the arguments that lead to a positive outcome.
Plenty of issues can arise when dealing with appellate courts. Being prepared protects you and makes it easy to navigate the appeals process and overturn the original ruling in your case.