A specialized experience in Appellate litigation lawyer in Atlanta will help you shape case strategy and craft effective motions for the appeals court. An experienced Georgia appellate attorney will also effectively collaborate with trial counsel to identify and preserve legal issues as they arise.
Unlike a traditional trial lawyer, an Atlanta appeals attorney focuses on questions of judicial procedure and how evidence was gathered and presented at the original trial level. They have argued cases that overturned murder verdicts and reshaped state constitutional law.
Identifying Errors
A good appellate attorney can identify errors made during trial that should be addressed on appeal. They are skilled in reviewing the trial record, focusing not on retelling the facts but on pointing out mistakes of law and court procedure.
An appeal does not involve presenting new evidence, and the trial court doesn’t hold another hearing. Instead, a higher court will review the case, and your Atlanta appeals lawyer will submit a written statement (called a brief) outlining why you believe the original decision should be reversed or retried. The prosecution will also have the chance to submit a brief and argue their case before the justices.
A criminal appeals lawyer will have deep experience in handling your case type, and they will know the laws of Georgia that apply. Scott has successfully argued complex cases that raise significant legal questions, including one that overturned a murder verdict and reshaped state constitutional law. He also won a case of first impression concerning the rights of dissenters and has argued several important cases before the state Supreme Court.
Framing Your Arguments
Winning a case at trial depends on the assembly of convincing evidence and effective arguments. A successful appellate court case involves the same elements, but is only successful a small percentage of the time.
An appellate lawyer will review the original trial record to identify errors that occurred during the trial. They will then present those errors to the appellate court, arguing that the original verdict or decision is unjust.
The attorneys at this firm have handled a wide range of cases on appeal. They have successfully argued cases for clients in state courts throughout Georgia, as well as federal circuit and Supreme courts. They have also filed amicus curiae briefs on behalf of various industries and interest groups.
Unlike trial lawyers, an appellate attorney does not have to go through the expense of obtaining a full set of discovery for their client. This makes their work less burdensome, and they are typically able to draft the appeals process without having to deal with exhaustive document requests.
Identifying Solid Grounds
Unlike in a trial, where parties can file appeals on almost any legal issue, the law is strict about what can be argued on an appeal. Civil and criminal appeals are complex processes that require a high level of research, writing, and oral advocacy skills.
Working with a lawyer who does not have appellate experience could mean missing important deadlines, making errors, or simply failing to effectively present your case on appeal. An attorney with the right credentials will review your original trial outcome and determine if there are any opportunities to fight the judgment through an appeal.
Appellate attorneys can question the way the original trial was conducted or argue that the judge or jury improperly ruled. They can also appeal how a statute was interpreted or whether evidence should have been admitted. Moreover, they can successfully represent you in a range of other types of appeals. For example, they may contest the constitutionality of your sentence or argue that your rights were violated due to racial discrimination.
Getting Started
When you lose a case at the trial court level you have the right to appeal the decision to a higher court. Appeals are complicated and require legal professionals who have a thorough understanding of the process. This includes researching and analyzing the record, drafting briefs, and presenting oral arguments. It also means knowing which arguments and issues to keep and which ones to discard. Adding weak arguments to your brief can distract the judges and detract from your strength as an appellant.
Choosing the right attorney to support your appeal is critical. Working with a criminal defense lawyer who doesn’t focus on appellate law could result in missing steps or errors that would undermine your chances of getting a better outcome on appeal. Instead, choose an attorney who has a proven track record in the courts of Georgia. This way, you’ll have a strong advocate on your side to get the justice you deserve.
