Abogados de Appeals & Appellate

Understanding Appeals & Appellate Lawyers in the U.S.

What This Practice Area Covers

Appeals and appellate law is a specialized area of the legal system where lawyers focus on reviewing and challenging court decisions. These attorneys work to identify errors in trial proceedings that may have affected the outcome of a case. They are skilled in crafting persuasive legal arguments and presenting them to appellate courts. This practice is critical for those seeking to overturn a conviction or modify a court's judgment.

When to Hire a Lawyer

• You believe there was a legal error in your trial that affected the verdict.
• The court's decision seems unjust or unsupported by the evidence presented.
• You need to respond to an appeal filed by the opposing party.
• Your case involves complex legal issues that require specialized knowledge.
• You want to explore all possible legal avenues after an unfavorable decision.

How the Process Works

The appellate process begins with filing a notice of appeal. This must be done within a specific timeframe, which varies by jurisdiction but is often around 30 days after the judgment. The appellant, or the party appealing, submits a written brief outlining the legal errors they believe occurred. The appellee, or the opposing party, responds with their own brief.

Oral arguments may be scheduled, where lawyers present their cases before a panel of judges. The judges then deliberate and issue a written opinion. This process can take several months, with the average appeal taking about 12 to 18 months to resolve.

How Compensation Is Calculated

• Hourly Rates: Many appellate lawyers charge by the hour, with rates varying based on experience and case complexity.
• Flat Fees: Some attorneys offer a flat fee for specific services, such as drafting a brief or handling oral arguments.
• Retainer Agreements: Clients may pay an upfront fee to secure the lawyer's services, which is then billed against as work is completed.
• Contingency Fees: Less common in appeals, but possible if the case involves financial recovery.

Frequently Asked Questions

What is the success rate for appeals?

Appeal success rates can vary widely. On average, about 20% of civil appeals result in a reversal or modification of the lower court's decision. However, each case is unique, and outcomes depend on the specific legal issues involved.

Can new evidence be introduced during an appeal?

No, appeals are generally limited to the evidence and arguments presented during the original trial. The appellate court reviews the trial record to determine if legal errors occurred. New evidence is not considered unless there are exceptional circumstances.