If you’re considering filing for an appeal, you may be wondering why you should hire an appellate lawyer. While you can certainly maintain your current lawyer, there are many reasons why you should look to acquire the services of a highly skilled appellate lawyer.
Appellate practice is highly specialized work and is very different from trial practice. After the conduct of a trial, you need a lawyer who can bring a fresh perspective to the matter, and who can identify and communicate the arguments that will best persuade appellate court judges. Lawyers who specialize in handling appeals have learned to think like appellate court judges. They are skilled at spotting the relevant issues, challenging or supporting the application of legal precedents to your set of facts and constructing a persuasive written and oral presentation of the case.
An appeal is not a second trial, but a unique new phase of litigation. A lawyer who regularly practices in the appellate courts knows which arguments to bring forward, how to focus on what matters and how to craft an argument that will attract the attention of appellate court judges. A trial lawyer who handles their own appeals may have tunnel vision, they may lose their objectivity or become too invested in arguments that were made in the trial court.
Many lawyers don’t appreciate the difference between trials and appeals. The appellate court is not trying to decide who lied or who told the truth, but whether a fair trial was had or whether legal errors were made or if there were errors in the fact-finding process. The tools of persuasion on appeals are thus very different from those used at trial.
The vast majority of litigants get only one chance at an appeal. It is essential to do it right. That’s why it makes sense to hire an appeals lawyer, one who is immersed in appellate practice, familiar with the unique role played by appellate courts, meticulous in legal research and skilled in legal writing and oral advocacy.
Allan Rouben is a highly regarded appellate practitioner with over more than thirty years of practice and has appeared regularly in appellate courts on important and challenging cases.
Allan is one of the finest appellate lawyers I have known. In consultation, he is calm, deeply knowledgeable and very insightful. His written material is persuasive, thorough and conversational. In court, he is at his best: a remarkable orator who is as focused on the content of his argument as he is on the subtleties of how he presents it. Most importantly, I know Allan to be a very conscientious and ethical practitioner. I have relied on his talents and advice in the past and will do so in the future.Former appellate client of Allan’s
“I would like to extend my sincerest thanks for representing me in this case. I can honestly say that for the first time in all my experiences in this case, I was proud to be represented by a competent solicitor. You were articulate, organized and well-composed. In my humble opinion, you argued this case brilliantly. As you are aware, good lawyers are hard to come by, and the general public does not have much regard for lawyers. However, there are always those few excellent ones who demonstrate a deep commitment to their clients. You are certainly in this category. I would highly recommend your services to anyone.”Former appellate client of Allan’s