While an appeal is a continuation of a lawsuit, it’s always considerably different than ordinary trial practice.
The appellate lawyer has another responsibility, this specialist is suited to cooperate not with a trial jury but with a very specific audience, and a very peculiar skillset is applied here. The judges have likely never met the appellate attorney’s client face to face. Everything they know about the situation comes out of a cold pile of records. During the trial, the lawyer can convince the jury with self-confidence, irony, voice. None of these tricks works in the Court of Appeal.
There only dry printed words matter. When the appellate lawyer eventually has a chance to have the floor after submitting the briefs, the demonstration will not last more than 30 minutes. The rules are the same even for long and complicated cases.
The point is, many attorneys do not take these differences between appeals and trials into account. Even some quite skilled trial attorneys don’t consider the fact appeals demand totally different advances than trials. Even those trial professionals knowledgeable about appeals’ peculiarities might prefer to adhere to the trial job and might prefer handing their customers over to some experienced appellate counsel.
It is totally ok. As your appeal lawyer should always keep in mind the essence of the appeal court’s work. The judges there are just searching for errors made by their colleagues during the trial. Was the judge right about excluding this proof? Were the jury provided with an inaccurate instruction? It’s questions like these that the court is concerned with. Naturally, the ways of persuasion during an appeal would be extremely different from those suitable in any trial. In fact, the appellate lawyer should prove that the words in the record are convincible enough.
An excellent appellate lawyer knows his role. He realizes he’s not arguing with a jury as the appeal court is not re-deciding the instance. And also a trained trial attorney who lacks expertise in the court of appeal will usually propose the customer to obtain an appellate counsel.
Trust your case to an attorney with big appellate practice. This lawyer should be comfortable and familiar with the exceptional role of appeal court… meticulous in the judicial study… and expert in legal writing… in summary, a lawyer who knows the difference between appeals and trials.