Appealing the outcome of a legal case is an option for those who are unhappy with a ruling, but the appealing party (appellant) must have a valid legal reason for doing so in order for an appellate court to consider overturning a trial court’s decision. As such, navigating this legal process is highly complex; however, a seasoned trial attorney can help individuals overcome these hurdles and secure justice on their behalf. Find out how a Tennessee trial lawyer operating in Jonesborough might assist clients throughout a criminal or civil appeal, and call King Law Offices today at (888) 748-KING to organize an initial review of your case.
What Is the Difference Between an Appeal and a Trial?
Appeals and trials refer to different legal processes in criminal and civil cases. A criminal case is where the state brings a legal case against a defendant (the individual accused of committing a criminal offense), heard in a criminal court, where the state must prove to the fact-finding body (the jury) the defendant’s guilt beyond a reasonable doubt to convict them, leading to punitive penalties, such as jail time. By contrast, civil courts hear civil cases, which concern non-criminal disputes between individuals, companies, or agencies, covering numerous areas such as consumer, housing, personal injury, discrimination, benefits, civil rights, family, or intellectual property issues; the standard of proof is lower in civil cases compared to criminal cases, and when a party loses a civil case, the court might order them to pay a fine, compensate the opposing party, make certain home/family-related decisions, or give back property.
Per the Offices of the United States Attorneys, during trials, judges preside over the process, maintain order, determine the legality of submitted evidence, instruct juries or determine the facts of the case and make rulings (in cases where juries are not compulsory and the defendant waives their right to have a jury try their case), and hand out criminal/civil penalties if the court rules against the defendant. However, judges in appellate courts have very different roles compared to trial court judges due to trials and appeals having varied purposes, as outlined below.
Focusing on Legal Rather Than Factual Errors
Probably the most significant variation between a trial and appellate court relates to factual determinations. A trial court makes fact-findings (usually, a jury makes such decisions but sometimes a judge will do this), using the evidence presented. By contrast, appellate courts typically do not deal with whether the fact-finding body in the trial made correct decisions; instead, they typically assume the facts to be correct and focus on legal issues highlighted by the appellant. Some examples of legal errors that an appellate court may review include the trial judge incorrectly categorizing evidence as admissible/inadmissible, the trial judge incorrectly applying the law, and insufficient evidence provided to the jury/judge to make a finding of fact.
Learn more about the benefits of choosing a Tennessee trial lawyer to oversee the appeal process for those looking to challenge a trial court’s decision related to a criminal case or civil lawsuit by reaching out to the knowledgeable attorneys of King Law Offices. Contact our firm today to arrange a preliminary discussion.
Considering the Views of Several Judges
Unlike trial courts, where only one judge presides over and controls proceedings and makes a ruling alone (in the absence of a jury), multiple judges hear appeals simultaneously. The number of judges sitting on these cases is usually between three and four, although it is possible for all of an appellate court’s judges to be present, such as if the Supreme Court is hearing the case. Appellate judges typically vote for the party they think should win, and one of the judges who formed part of the majority vote writes an explanation as to why the court made this decision; in the event that one or more judges disagree with the majority vote, a judge in this group may write a similar opinion explaining why they think the other side’s decision is incorrect, published alongside the majority opinion (such an opinion does not set precedents but may influence other cases).
Setting Legal Precedents
The decisions of a judge in a trial court only apply to the parties involved in that particular case. Conversely, the rulings of an appellate court bind lower courts, establishing legal precedents for trial courts to follow.
Why Hire a Trial Lawyer To Do an Appeal?
Many appellate attorneys argue that, when appealing a judgment, hiring a specialist appeals lawyer is necessary, and while this may be true in some circumstances, if a trial attorney possesses the necessary skills and knowledge to effectively conduct appeals, it can be beneficial for those considering the appellate process to stick with their current trial attorney, particularly from a cost and time-saving perspective. Here are the following traits needed by an attorney to handle appeals:
- Experience with handling appeals (including how to effectively present convincing arguments to judges in the appellate court) and detailed appellate law/process knowledge
- Strong legal research skills, including being able to locate supporting case law
- Ability to analyze complicated legal issues, as well as identify and demonstrate legal errors by trial judges
- Effective written communication skills (the majority of appeals involve submitting written legal arguments)
- Able to present oral arguments (in some circumstances) to a panel of appellate judges, often within strict time constraints, while responding quickly to questions from the judges
Hiring a trial attorney with experience in appeals can also be highly beneficial during trials themselves. While a trial attorney aims to win, this might not always be possible, particularly when the court deems vital evidence to be inadmissible, and such an attorney possessing appellate experience recognizes the importance of ensuring the preservation of legal arguments and objections at trial via the record on appeal. Appellate judges typically do not review new evidence, but they may consider whether the trial judge was correct in finding certain evidence inadmissible, provided this makes it onto the record on appeal (evidence exhibits, filed court documents, and court transcripts).
What Makes an Effective Trial Attorney?
Many of a trial attorney’s attributes make them suitable for overseeing the appellate process. The Tennessee Bar Association (TBA) outlines the attributes that effective trial attorneys possess. These are as follows:
- Strong knowledge of relevant substantive law, including legal developments, as well as civil procedure laws
- Solid understanding of the rules of evidence
- Excellent attention to detail, time management, and organizational skills
- Can and is willing to fully know the facts of any given case
- Ability to focus on each trial but use previous cases to determine how to improve
- Possesses the ability and willingness to delegate
- Informed and efficient decision-making
- An awareness of depositions’ importance to a case’s outcome
- A passion for the law and their practice area
- Understands how specific judges and jurors are likely to act
- An ability to be honest with clients and conduct cost-benefit analyses to share with clients throughout the legal process
Find Out More About How an Experienced Tennessee Trial Attorney Can Handle Your Appeal
The appellate process is a legal specialty requiring legal professionals working in this area to have distinct oral advocacy, brief writing, analytical, and strategic skills, alongside detailed procedural knowledge. While many trial attorneys may lack these traits, a Tennessee trial lawyer from King Law Offices possesses these attributes, meaning clients do not need to waste time seeking appellate counsel and getting them up to speed with their case. Call (888) 748-KING to see how a Tennessee trial attorney from our firm can help with your appeal and other legal concerns.