During a trial, attorneys present evidence and argue cases before a judge and jury. If there are grounds to challenge a trial court decision, the case goes to an appeals court, where an argument is made by an appellate attorney, with a keen eye for legal nuance and procedural correctness. Let’s delve into the key differences between trial attorneys and appeal attorneys, shedding light on their unique responsibilities and how they contribute to the pursuit of justice.
Understanding The Differences
The most fundamental distinction between attorneys who handle trials and appeals lies in their arena of operation. Trial attorneys are firmly rooted in the trial court, where the action unfolds. They are the ones who conduct discovery, interview witnesses, present opening and closing statements, and examine and cross-examine individuals on the stand. Their focus is on building a factual record through evidence and persuasive argumentation tailored for the judge and jury present. Appeal attorneys, on the other hand, operate within appellate courts. Here, there are no witnesses, no new evidence presented, and no jury. Instead, the focus is on the record created at the trial level, and arguments consider whether the trial court made legal errors that warrant a reversal or modification of the lower court’s decision. The Appellate Law Firm offers this summary of the key differences between the work of trial and appellate attorneys:
A great trial lawyer is skilled in the art of advocacy, utilizing persuasive skills and honing tactics to argue on their clients’ behalf….An appellate attorney represents clients who wish to challenge the outcome of their case in a higher court. Notably, they do not deal with the fact-finding aspect of the case but instead, focus on legal arguments and issues arising from the lower court’s decision … .Trial attorneys possess deep knowledge of the rules of evidence and civil or criminal procedure. It is their job to present their clients’ cases within the bounds of these rules and navigate the trial process effectively…..A top appellate attorney must be familiar with the rules of appellate procedure and the specific jurisdiction’s standards of review. An appellate lawyer’s legal expertise lies in identifying legal errors made by the lower court, analyzing complex legal issues, and crafting compelling legal arguments to persuade an appellate to overturn/modify a decision.
The American Bar Association points out that not every verdict from a trial can be brought to appellate court: “A popular misconception is that cases are always appealed. Not often does a losing party have an automatic right of appeal. There usually must be a legal basis for the appeal of an alleged material error in the trial, not just the fact that the losing party didn’t like the verdict.” Further, even when there are grounds for appeal, not every legal error results in a reversal of a trial court decision in appellate court:
The appellate court determines whether errors occurred in applying the law at the lower court level. It generally will reverse a trial court only for an error of law. Not every error of law, however, is cause for a reversal. Some are harmless errors that did not prejudice the rights of the parties to a fair trial. For example, in a criminal case a higher court may conclude that the trial judge gave a legally improper instruction to the jury, but if the mistake were minor and in the opinion of the appellate court had no bearing on the jury’s finding, the appellate court may hold it a harmless error and let a guilty verdict stand. However, an error of law, such as admitting improper evidence, may be determined to be harmful and therefore reversible error.
Appeal Bonds Explained
In civil cases, it’s very common for courts to require a type of bond, known as an appeal bond. Sometimes referred to as a supersedeas bond, an appeal bond acts as a financial guarantee while the appellate court reviews the case. Investopedia explains three key points about appeal bonds:
- Appeal bonds are usually required in civil cases involving monetary judgments. These typically include contract disputes, personal injury lawsuits, property disagreements, and business litigation. Other common cases requiring appeal bonds include employment law disputes, product liability claims, and intellectual property conflicts with monetary awards.
- Appeal bonds are financial guarantees required by courts to protect the winning party’s interests during the appeals process, typically covering the full judgment amount plus anticipated interest and costs. They allow the losing party to delay payment of a judgment while appealing, but ensure funds will be available if the appeal fails….
- The appeal bond also serves as a safety net bond, which helps protect the court from frivolous appeals or delaying tactics to avoid payment as these dishonest activities cost the court time and money….By posting an appeal bond, the defendant guarantees that the original judgment against them will be paid if they lose the appeal.
In sum, an appeal bond balances the appellant’s right to appeal with the appellee’s right to the fruits of their judgment by ensuring that the status quo is maintained financially during the appellate process. The specific requirements for an appeal bond, such as the amount and the conditions, are typically set by the rules of the appellate court, and vary depending on the jurisdiction and the nature of the judgment. When an appeal bond is ordered, it’s important to apply for and secure the bond quickly, via a reputable surety company that can meet the specific “obligee requirements” set in court. As a leading, direct and national court bond writer, Colonial Surety Company makes it easy and speedy for attorneys in every state to help clients secure appeal and other court bonds. We meet specific court requirements, provide simple online applications, and make instant bond downloads available for prompt filing in court.
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