Surprisingly, many lawyers don’t appreciate the differences between trials and appeals.  Even some very gifted trial lawyers don’t appreciate that appeals require an entirely different approach than trials.  I DO.

A gifted trial lawyer knows how to create a compelling story for a jury.  With body language, voice inflection, verbal expression, visual aids, and a personal, emotional connection, the trial lawyer skillfully leads the jury through the emotions and thought processes that best benefit the client.

The appellate lawyer has a different task, suited to different skills, and directed to a different audience.  He argues to three judges, not a jury.  The judges have probably never seen the appellate lawyer’s client.  Everything they know about the case comes from a cold stack of paper, and they may see few or none of the exhibits that were so compelling to the trial jury.  They don’t hear the witnesses, and they don’t hear the sarcasm in cross-examination.  They see words printed on a page.

Which is all well and good.  Because the appellate court isn’t trying to decide who lied and who told the truth.  They’re just looking for mistakes made by the judge.  Should this pice of evidence have been admitted?  Was the court trial right to dismiss half the counts before trial?  Did the trial court give an incorrect jury instruction?  It is questions like this that the appellate court is concerned with, and the tools of persuasion are very different than that used with a jury.  The appellate lawyer must persuade on the strength of the written word.

A good appellate lawyer understands his role and that of the appellate court.  He recognizes that he’s not arguing to a jury . . . that the court is looking for a mistake made in the trial court, not re-deciding the case.  And a great trial lawyer who lacks experience in the court of appeal will generally recommend that his client obtain appellate counsel.

Put your case in the hands of a lawyer immersed in appellate practice . . . familiar and comfortable with the unique role played by the appellate court . . . meticulous in legal research . . . and skilled in legal writing . . . in short, a lawyer who understands the difference between trials and appeals.

Learn more about appeals on my FAQs page.

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