Top 10 Appellate Mistakes (Or Why You Need an Appellate Specialist)

Here are 10 mistakes lawyers should avoid when handling appeals:

1) Making unauthorized motions that could affect the timeline for filing an appeal. This includes not understanding when the 30-day deadline for filing an appeal starts.

2) Not fully understanding the concept of “rendition” of an order, and how certain motions can delay the deadline for filing an appeal.

3) Failing to associate with an appellate counsel in significant cases, as it may be required for competent representation.

4) Not appreciating the specialized talents needed for effective presentation to an appellate court.

5) Misunderstanding the nuances of appellate practice and the increasing complexity of the field.

6) Failing to adhere to the Rules of Professional Conduct when handling appellate cases.

7) Not seeking guidance or education on appellate practice, especially for trial lawyers venturing into appellate waters.

8) Overlooking the importance of ethics in appellate practice.

9) Underestimating the level of specialization and skill required for effective appellate advocacy.

10) Not taking into account the observations and warnings of appellate judges on the challenges of appellate practice. If you file a motion that’s not allowed, it won’t stop the final order from being issued. If you wait more than 30 days after the final order is filed because of an unauthorized motion, your appeal will be too late and it won’t be considered. You can only file motions that stop the final order from being issued, and if you file a motion on a different kind of order, you might miss your chance to appeal it later. This happened in a case where someone filed a motion and won, but the other party stopped them from getting a review of the original decision. So, it’s important to file the right kind of motion at the right time if you want to appeal a decision. When filing a motion for a new trial or rehearing, it’s important to pay attention to deadlines. In nonjury trials, the 10 days runs from the date of filing of the order, while in jury trials, it runs from the return of the verdict. It’s also important to note that the trial court cannot extend the time for serving post-trial motions. In cases with multiple plaintiffs and defendants, each party needs to be mindful of their own deadlines for filing an appeal. Finally, when it comes to filing a notice of appeal, it’s important to do so within 30 days. Make sure to file any important notices within 30 days and don’t rely on mailing, even if someone tells you it’s okay. The facts of your case are really important for the judges, so make sure to get them right in your brief. Don’t include facts that aren’t in the official record, and be fair when presenting them. You need to focus on the relevant facts and not include too much extra information in your brief. When appealing a court decision, it’s important to focus on the most important issues that have a realistic chance of getting relief. A long, complex brief is usually not the best approach, and appellate oral arguments are different from closing arguments in a trial. It’s important for the appellate counsel to be prepared for a dialogue with the court and be able to respond to questions. This article talks about common mistakes made by lawyers who are not specialized in handling appeals. It discusses issues with fees and costs, filing rehearing petitions, and provides advice for trial lawyers on how to avoid these mistakes. It also suggests seeking help from appellate specialists when needed. It’s important for all lawyers to be aware of potential pitfalls in appellate practice. If a lawyer makes mistakes in an appeal, they could lose their fee and their client could lose the case. If this happens, the lawyer may need to call their professional liability insurance company for help. Remember to consult specialists for federal appellate rules, and always cite the right laws and contracts. This column is written by the Appellate Practice and Advocacy Section to promote the principles of duty and service to the public, improve the justice system, and advance the study of law.

 

Source: https://www.floridabar.org/the-florida-bar-journal/top-10-appellate-mistakes-or-why-you-need-an-appellate-specialist/