Hiring an appellate attorney as part of a trial team can significantly enhance a case’s overall strategy and effectiveness. Appellate attorneys possess specialized knowledge of statutes, court rules, and appellate law, which can help identify potential legal issues that might arise during the trial. Their expertise allows them to anticipate challenges that may lead to an appeal, enabling the trial team to address these issues proactively.
Appellate attorneys also can assist in crafting the trial strategy with an eye toward preserving the record for appeal. They understand what documentation and arguments will be most relevant in an appellate court, ensuring that key points are effectively preserved.
Additionally, having an appellate attorney on the trial team can facilitate better jury instructions and legal arguments that minimize the risk of reversible errors. Their perspective can help the trial team avoid common pitfalls that could jeopardize the case.
Finally, if the trial does result in an unfavorable verdict, having an appellate attorney already involved can streamline the appeals process. They are familiar with the case’s nuances and can more effectively and persuasively argue the points that matter most on appeal.
To "preserve an issue for appeal" means to raise that issue in a timely and proper manner during the trial or lower court proceedings, ensuring that it is documented in the record for possible review by an appellate court.
The general idea is that if a party wants an appellate court to review a specific legal error or issue, they must make sure the issue is formally brought to the attention of the trial court. This is usually done through objections, motions, or requests for rulings during the trial. If a party fails to preserve an issue, they may be barred from raising it on appeal, except in limited circumstances.
Jury instructions are guidelines provided by the judge to the jury in a trial, explaining the legal standards they must apply in order to reach a verdict. These instructions are crucial because they help the jury understand the law as it applies to the facts of the case. Appellate attorneys can help the trial team draft jury instructions, ensuring they are legally accurate and phrased in a way that will help preserve grounds for appeal if the jury instructions are challenged.
When your appellate attorney is part of your trial team, they are ready to initiate the appeal immediately upon sentencing, ensuring that the appeal proceeds without delay. And by participating in the trial, an appellate attorney can identify potential grounds for appeal early on.