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New York Appellate Lawyers Blog

Thursday, January 5, 2012

Why do I need to hire an appeals lawyer or appellate attorney in my New York action?

From time to time, we will post entries that deal with the essence of surviving a New York Appeals process, the need to hire an NY Appellate lawyer, and the ins and outs of appellate practice.  We wecome you to visit our site and contact us with a any questions and comments.

Your New York case was tried and you’ve lost, or you’ve won and your opponent has appealed the decision or judgment.  You’ve heard of this thing called an appeal but aren’t really sure what it is.  Your trial lawyer, well, is a trial lawyer.  She can appeal your case, of course, but you also have a choice of hiring a New York appellate lawyer.  It may be a matter of preference for you, but it’s really a matter of necessity to enhance your likelihood of success. 

The practice of law has become highly specialized in the last few decades.  Some lawyers do many things well, but most lawyers can only do some things well.  An appeal in New York has always been a highly specialized, complicated, and sometimes tedious process.  Trials are extremely time intensive for one purpose, but the appeal for an entirely different purpose.  Most post mortems are not performed by a treating physician.  An appeal is a post mortem of sorts except you have the rare opportunity to bring your case back to life.  This is done by effectively diagnosing the problem at trial (issue identification), presenting them cleverly to a New York Appellate Court, dissecting and re-assembling your facts and the applicable law, and presenting concise and persuasive arguments to the court. 

A trial lawyer’s talent is best utilized in selecting a jury, persuading a jury, preserving evidence for appellate review, raising timely objections, examining witnesses, and maintaining an active presence for the fact finder.  None of these skills translate to a New York Appellate Court.  An appellate lawyer, in contrast, will be a superb writer, a talented researcher, and must be a brilliant orator during oral argument.  An appellate lawyer also will have the ability to give your matter a fresh look, discover issues otherwise missed at trial (many often are), and practice his art of appealing a New York case. 

You do not need to hire an appellate attorney, but if you need to appeal your New York case, it may just benefit you greatly.

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