Abogados de Appeals & Appellate

Appeals and Appellate Lawyers in the United States

Losing at trial doesn't always mean the fight is over. An appellate lawyer reviews what happened in your case and argues to a higher court that legal errors affected the outcome. Appellate work is a distinct skill set — it's about legal research, written persuasion, and oral argument, not witness testimony or jury selection.

What Appellate Law Covers

Appellate attorneys handle cases after a trial court or administrative body has issued a decision. They file appeals in intermediate appellate courts, state supreme courts, and federal circuit courts, all the way up to the U.S. Supreme Court. The goal is to identify reversible errors — mistakes in how the law was applied, how evidence was admitted, or how jury instructions were given.

Appeals can arise from criminal convictions, civil judgments, family law orders, administrative rulings, and regulatory decisions. Appellate lawyers also draft amicus briefs and handle writs, including writs of certiorari and habeas corpus petitions. According to federal court data, only about 10-15% of civil appeals result in a reversal or remand, which makes the quality of appellate briefing extremely significant.

When to Hire an Appellate Lawyer

• You received an unfavorable verdict at trial and believe the judge made legal errors
• You need to defend a favorable ruling that the opposing party is appealing
• A government agency denied your claim or license after an administrative hearing
• Your criminal conviction involved improper jury instructions, prosecutorial misconduct, or constitutional violations
• You want a strategic assessment of whether your case has strong grounds for appeal before committing resources

How the Appellate Process Works

The process starts with filing a notice of appeal within strict deadlines — often 30 days from the final judgment. Missing this window can permanently forfeit your right to appeal. Your attorney then orders the trial record and transcripts.

The core of any appeal is the written brief. Your lawyer identifies errors, researches case law, and constructs arguments explaining why the lower court got it wrong. The opposing side files a response brief, and you may file a reply. Some courts schedule oral arguments, though many appeals are decided on the briefs alone. The entire process typically takes 6 to 18 months.

How Appellate Outcomes Are Determined

• Reversal — the appellate court overturns the lower court's decision entirely, which may restore damages previously denied or vacate a judgment against you
• Remand — the case gets sent back to the trial court for a new trial or recalculation of damages based on corrected legal standards
• Modification of monetary awards if the appellate court finds the original calculation was based on an incorrect legal standard
• Reinstatement of claims that were improperly dismissed, reopening the path to full recovery

Frequently Asked Questions

Can new evidence be introduced on appeal?

Generally, no. Appellate courts review the existing trial record for legal errors. They don't hear new testimony or consider evidence that wasn't presented below. The exception is rare circumstances involving newly discovered evidence that couldn't have been found earlier through reasonable effort.

What is the standard of review?

Appellate courts apply different levels of scrutiny depending on the issue. Pure legal questions receive de novo review, meaning the court decides the issue fresh. Factual findings are reviewed under a deferential standard — the court asks whether the trial judge's findings were clearly erroneous, not whether it would have reached a different conclusion.