Florida Appellate Lawyer
The practice of appellate law involves different strategic considerations than a trial practice. Trial courts focus on questions of facts while appellate courts focus primarily on questions of law. The significant difference involves the appellate attorneys’ ability to effectively argue the lower court committed a legal error which is sufficiently significant to warrant a reversal. Florida appellate attorneys either seek to correct errors of trial court judges and change the law by persuading the appellate courts to overturn a lower court’s decision or expand or change the interpretation of particular laws. At times, the representation of a client in an appeal can involve persuading the appellate court that the trial court did not commit a reversible error. This typically occurs when representing a client that won their case at the lower trial level, but the opposing party proceeded to appeal in an effort to seek a change in the ruling.
An appellate practice involves different skills and considerations, shifting focus from developing and proving facts, to formulating issues of importance to an appellate court. Appellate law involves conducting extensive legal research, analyzing the legal issues, the intent of the legislature when creating a law, consideration of public policy arguments and then presenting them in a concise argument, in writing, within an appellate brief. Therefore, effective legal writing skills are crucial, since many cases are decided on the actual briefs, rather than oral arguments as done at the lower trial level.
For these reasons, few trial law firms also serve to provide appellate representation. At Ferrer Law Group, we have a successful track record of appellate accomplishments. While our law firm is selective in the cases we choose to defend or to appeal, the ability to do both for our clients serves to provide the clients with a cost effective mechanism, given the appellate lawyer is intimately familiar with the entirety of the case, rather than just the transcripts and summaries of a traditional law firm focusing only on appellate practice.
Moreover, having a Florida appellate attorney involved at the trial court level, effectively and strategically allows timely objections and preservation of potential error, anticipating the possibility of needing to appeal, thereby having the unique perspective of identifying in a strategic and tactical matter, all potential arguments and craft specific motions, during all phases of the lower court’s representation. This dual area of specialty affords clients the best chance of success on their legal issue.
At Ferrer Law Group, our firm takes pride in ensuring familiarity with critical cases and legal opinions issued by the appellate courts, in order to apply those principles when handling legal issues before, during and post- trial. Contact our office today to schedule your confidential consultation. For additional information on appellate practice, see the American Bar Association article authored by Ms. Schneider, entitled “The Complete Appellate Advocate: Beyond Brief Writing.”