A Unique Practice
Appellate work calls on counsel’s ability to look at what happened at the trial level from different perspectives in order to put forth either the best argument to reverse the findings of fact or law below, or to counter an adversary’s arguments for reversal. At the trial level, the focus is on convincing the finder of fact, whether it be a judge or a jury, through the presentation of admissible evidence that the matter at hand should be decided in your favor. When representing the appellant on appeal, the focus shifts to persuading a panel of judges that the trial judge or jury got it wrong. When representing the respondent, the focus shifts to making sure the panel sees the matter as the trial judge or jury saw it. The shift in focus requires an analytical mind, creative thinking and compelling argument. The attorneys at Sandelands Eyet thrive in this environment.
Testing the Law
An attorney skilled at appellate advocacy is especially important when an issue of law is the subject of conflicting lower court rulings or when it is time to challenge precedent. In many instances, winning on appeal turns on the ability of appellate counsel to put forward in simple and concise terms how the case at hand differs from precedent or why prior appellate court thinking should no longer apply or should be modified.
What to Expect
An appeal typically takes from 12 to 24 months from the filing and service of a Notice of Appeal to decision on appeal. At certain intervals, there will be a flurry of work followed by months of inactivity waiting for the next step in the process to take place. There are key periods during the process best suited to pursue settlement. The attorneys at Sandelands Eyet provide counsel to their clients on how to utilize these opportunities to their advantage. Please do not hesitate to contact us to see how we can assist you in your appellate needs.