Summary: A legal firm is being sued for malpractice by its former client. The client claims that the firm’s attorney made mistakes that caused them to lose a court case. The client is seeking compensation for the losses they suffered as a result. When it comes to handling appeals, trial lawyers may not always be the best choice. Appellate law is different from trial law, and writing a good appellate brief requires special skills and training. Appellate judges view brief writing as very important, so it’s best to have a skilled appellate attorney handle it. They have the time and expertise to write a clear and persuasive brief, and can provide an unbiased assessment of the appeal. It’s important for lawyers to provide competent representation to their clients, so it’s best to consider whether trial counsel has the knowledge and skills to handle the appeal. Appellate advocacy is a unique form of litigation and can be challenging for the inexperienced. It’s really important for a lawyer to know the rules for filing an appeal. If they mess up, it could cause harm to their client. During a trial, it’s smart for a lawyer to get help from an appellate lawyer, especially if the case is tricky. The appellate lawyer can give advice on the rules and procedures during the trial and help with legal motions. They can also figure out when a judgment is ready to be appealed. Only final judgments can be appealed, so it’s important to know when a judgment becomes final. In Florida, only written, signed orders from lower courts can be appealed, not oral pronouncements or minute book entries. Understanding the rules for appeal is important, as only final orders that terminate judicial labor are appealable. Partial final judgments may or may not be appealable, depending on whether they totally dispose of a case for a party. Nonfinal orders can only be appealed if they fall under specific categories or meet the standards for an extraordinary writ. It’s important to know the rendition date of an order, as that’s when the time period for filing an appeal begins. An order isn’t considered rendered until the clerk files the signed order from a judge, not when the judge first announces their ruling. If you want to appeal a court decision, you have to follow specific rules and deadlines. You can’t file a motion just to delay the decision, and if you wait too long to appeal, your appeal may be dismissed. It’s important to have a lawyer who knows the rules and can help you decide if your appeal has a good chance of success. It’s better to focus on a few strong arguments instead of including every possible issue in your appeal. When a trial lawyer is too close to a case, they might not see mistakes made during the trial. This is where an appellate lawyer comes in. They know the rules of the appeal court and can provide a fresh perspective. To appeal a judgment, the party must file a written notice of appeal with the lower court within 30 days of the judgment. If someone else wants to appeal the judgment, they have 10 days after the notice of appeal is filed, or 30 days after the judgment. It’s important to get this right, as even small mistakes can cause an appeal to be dismissed. Appellate judges say that being able to write clearly is the most important skill for a lawyer. The brief (a document that explains the case) is the most important part of the court process, even more than speaking in court. There are strict rules for what must be in the brief, and when it has to be turned in. The initial brief must be filed within 70 days of the appeal, the answer brief within 20 days after that, the reply brief within 20 days after the answer brief, and the cross-reply brief within 20 days after that. Appellate courts have strict rules for how lawyers write and present their arguments in an appeal. The length of the briefs is limited, so it’s important to be clear and to the point. The most important part of the brief is the statement of the facts, which should only include necessary information and be honest. It’s not a good idea to attack the other side in the brief, and the facts should be structured in a way that makes the legal arguments easy to understand. Being honest and fair in the statement of facts is important for an attorney’s credibility with the court. The summary of the argument is a really important part of the appellate brief. It’s where the lawyer tells the court why they should win the case. Lawyers need to be good writers to do this well. They also need to understand the standards that the court uses to review cases, so they can make the best arguments. If they don’t, they might not be able to convince the court to change the lower court’s decision. Oral argument at the appellate level is different from arguing at a trial. The lawyer only has a short amount of time to make their case, and they need to be prepared for the judges’ individual perspectives. It’s helpful for the lawyer to know the judges’ past decisions so they can tailor their argument. Experienced appellate lawyers are especially good at this and can make arguing look easy. It’s harder to represent the respondent because they have to respond to the appellant’s arguments on the spot. A good lawyer can anticipate the other side’s arguments and be ready with counterpoints. Appellate lawyers are important because they have special skills for arguing in court. They know how to avoid common mistakes and ask for specific things at the end of a case. If you’re in trouble and thinking about appealing, it’s a good idea to get help from a specialized attorney. Roberta G. Mandel is a partner at a law firm in Miami, Florida. She specializes in handling cases that go to a higher court after the original trial. Ms. Mandel has a lot of experience and has won many cases. She is also involved in a group that helps make the court system better.
Source: https://www.floridabar.org/the-florida-bar-journal/understanding-the-art-of-appellate-advocacy-why-trial-counsel-should-engage-experienced-appellate-counsel-as-a-matter-of-professional-responsibility-and-legal-strategy/
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