Some disputes can be resolved without filing a lawsuit. When a lawsuit is filed, fewer than 10% of those cases make it to trial. Even fewer civil cases are appealed. A party may appeal his or her case to higher courts known as appellate courts. All parties to the original lawsuit may have issues they seek to raise on appeal. Typically, issues from civil trials on appeal involve issues raised at trial and proof made at trial. Only in very rare cases can issues and facts not raised at trial be brought up on appeal. However, in criminal appeals new facts can serve as the basis for the appeal under a writ of error coram nobis.
Appellate practice concentrates on advocating cases before state and federal appellate courts, including state supreme courts and the United States Supreme Court. Appellate practice lawyers seek to correct errors of trial court judges and change the law by persuading appellate courts to overturn lower court decisions or to expand or change the interpretation of statutory law.
Appellate lawyers review and analyze trial records and other documents, research and analyze case law, draft persuasive briefs and appellate documents, advocate in appellate courts before appellate judges, and assist trial counsel in framing issues at trial and in preserving the record for appeal.
Exceptional research, analytical and writing skills are necessary to write concise and persuasive briefs, legal memoranda and other documents. Other skills include a broad and practical knowledge of numerous substantive areas of law, familiarity with appellate practice, excellent interpersonal skills, and superior oral advocacy skills.Do You Need a Lawyer? Call Today for a Free Consultation
Attorney Tim Roberto first gained experience as a judicial law clerk in the Tennessee Supreme Court. He later gained experience drafting appellate briefs to the Tennessee Court of Appeals and the Sixth Circuit. If you need advice regarding an appeal, contact him today at (865) 691-2777 or use our convenient online contact form.