Why You Should Hire a Board-Certified Civil Appellate Lawyer and When You Need One

When a legal dispute reaches a critical point — whether preparing for trial, navigating post-judgment motions, or the threat of appeal — having an appellate lawyer on board can make all the difference. Appeals are complex, requiring deep knowledge of legal procedure, persuasive brief writing, and strategic analysis. If you’re a trial lawyer handling a high-stakes case or a client navigating the aftermath of a court decision, a board-certified civil appellate lawyer can be an invaluable asset.

Why You Should Hire a Civil Appellate Lawyer

1. Expertise in Appeals and Post-Judgement Strategy

 

Appellate law is highly specialized. A board-certified civil appellate lawyer is trained to handle appeals, identify and prevent legal errors at trial, and craft compelling arguments and briefs. Unlike many trial lawyers, who focus on presenting evidence and witnesses, appellate lawyers focus on potential errors, preserving error for appeal, handling complex motions and responses both pretrial, during trial, and post-judgment, written and oral advocacy, legal research, and procedural rules — skills critical to winning an appeal.

2. Preventing Mistakes That Lead to Appeals

 

For trial lawyers, involving an appellate specialist early in a case can prevent appealable mistakes. Many appeals arise from errors made during trial, such as improper objections, failures to object, neglecting to put on a bill of proof for excluded evidence, procedural missteps, or failure to preserve key issues for appeal. An appellate lawyer can:

• Assist with complex legal research and motion/response drafting
• Ensure that all legal arguments are properly preserved for appeal
• Minimize the risk of reversible errors

By bringing in an appellate lawyer early, trial attorneys can protect their case from potential weaknesses that could lead to a costly appeal.

3. Mastering Procedural Rules and Deadlines

 

Appeals have strict deadlines, some of which begin just days after a judgment is issued. Missing a deadline can mean losing the right to appeal altogether. An appellate lawyer ensures that:

• Appeals are filed correctly and on time
• The proper post-judgment motions are made to preserve issues
• Deadlines for emergency or accelerated appeals are met

Many trial lawyers — even highly skilled ones — are unaware of the tight deadlines and procedural rules governing appeals. Having an appellate expert on board eliminates the risk of missing critical filing dates.

4. Skilled Legal Writing and Argumentation

 

Appellate cases are won or lost on the strength of written briefs and oral arguments. An appellate lawyer crafts persuasive, well-researched legal briefs and presents arguments in a way that is compelling to appellate judges. The ability to distill complex legal issues into clear, persuasive arguments is what sets appellate specialists apart.

When You Need an Appellate Lawyer

1. Before or During Trial (For Trial Lawyers)

 

Many trial lawyers assume appellate counsel is only necessary after a case is lost or won, but involving an appellate lawyer early can help prevent appealable errors:

• If your case involves complex legal issues, appellate counsel can assist with research and motions or responses.
• If an appeal is likely, an appellate lawyer can ensure that key issues are properly preserved for review.
• If you anticipate a high-stakes ruling, an appellate specialist can help develop a strategy to protect your client’s position.

2. After a Judgment (For Clients Facing an Appeal)

 

If you’ve lost a case, an appellate lawyer can analyze your options and determine if an appeal is viable. If you’ve won, an appellate lawyer can defend the judgment against an appeal. Clients typically need an appellate lawyer in situations such as:

• Losing a custody battle, business dispute, or financial judgment
• Winning a case but facing an appeal from the opposing party
• Needing an emergency appeal to overturn an interlocutory or nonfinal ruling quickly

At this stage, the appellate lawyer becomes the main attorney on the case, handling all aspects of the appeal process.

3. When You Need to Act Quickly

 

Emergency appeals, called petitions for writ of mandamus, must be filed as soon as possible after a negative ruling is made. Some appeals must be filed in as little as 20 days. Others require post-trial motions to be made within 30 days. Deadlines vary based on the type of case and jurisdiction. An appellate lawyer can ensure that no deadlines are missed and that all procedural requirements are met.

Don’t Wait Until It’s Too Late

 

Appellate law is all about precision, procedure, and persuasive argumentation. The earlier an appellate lawyer gets involved, the more effectively they can shape the case’s trajectory — whether by preventing appealable mistakes at trial or mounting a strong appellate argument when necessary.

 

If you’re a trial lawyer handling a complex case or a client facing the appeals process, don’t wait until deadlines are looming. If you think you might need an appellate lawyer, you probably do. Feel free to reach out to discuss your options today. I’m here to help!