Do I Need a New Attorney to Handle My Appeal? When to Hold 'Em and When to Fold 'Em

So, you've just taken a beating in the trial court. Ouch. Now you're staring down the barrel of an appeal and wondering, "Should I stick with my trial attorney or bring in a hired gun who specializes in appeals?" Let's break it down, because making the right call here could be the difference between redemption and a sequel no one asked for.

The Odds: What's the Success Rate on Appeals?

First off, let's talk numbers. Appeals aren't exactly a slam dunk. In fact, they're more like trying to win the lottery while getting struck by lightning. Reversal rates can be low, often hovering around 20% to 30%, depending on the jurisdiction and case type. That means the deck is stacked against you from the get-go.

But don't lose hope just yet. Bringing in an appellate specialist can tilt the odds in your favor. These legal sharpshooters are trained to spot errors that would make a trial lawyer's head spin. They know how to craft arguments that sing to appellate judges, who, let's face it, have different tastes than your average trial jury.

Special Skills: What Does an Appellate Lawyer Bring to the Table?

Think of appellate lawyers as the neurosurgeons of the legal world. While trial lawyers are great at the rough-and-tumble of courtroom brawls, appellate attorneys excel in the cerebral arena of legal arguments. They bring a few key skills to the party:

• Issue Spotting: They can identify appealable issues that others might miss, like a hawk spotting a mouse from a mile away.

• Brief Writing: Their writing is so persuasive it could sell sand in the desert.

• Oral Advocacy: They can stand before a panel of judges and make complex legal theories sound like a bedtime story.

These skills can make a significant difference in the outcome of your appeal. It's like upgrading from a butter knife to a lightsaber.

Timing Is Everything: When to Bring in the Big Guns

If you're considering bringing in appellate counsel, sooner is better than later. Involving them right after the verdict but before the final judgment can be crucial. This timing allows them to:

• Preserve Arguments: Ensure that all potential issues are properly preserved for appeal.

• Assess Merits: Evaluate the strengths and weaknesses of your case from an appellate perspective.

Waiting too long can be like trying to put out a fire after the house has burned down. Early intervention can save time, money, and a whole lot of heartache.

The Bottom Line: To Switch or Not to Switch?

Deciding whether to stick with your trial counsel or bring in an appellate specialist isn't a decision to take lightly. Consider the complexity of your case, the experience of your current attorney in appellate matters, and the potential benefits an appellate lawyer could bring.

Remember, the goal is to maximize your chances of success on appeal. Sometimes that means staying loyal to your trial attorney; other times, it means calling in a specialist. Either way, make sure you're making an informed decision.

For a more in-depth analysis, check out the original article: "Issues When Considering New Counsel on Appeal" by Erik Scharf and Wayne Atkins, published in The Florida Bar Journal.