subject: Responsibilities of an Attorney Handling Appellate Cases [print this page] Responsibilities of an Attorney Handling Appellate Cases
When a lower court's ruling seems to have a legal error, do you have any option? You sure do. You need to go ahead and file a Notice of Appeal against the decision immediately. However, before you take this step, make sure to consult a family law attorney to ascertain the existence of a legal error.
Florida does not require an individual to have an attorney for filing an appeal. However, if you are considering this legal measure concerning a family related issue, you need a capable legal practitioner for help.
Why is legal help necessary? How would an attorney help? Here are the reasons for this.
Ascertaining the existence of legal error, and one that substantially affects the case, is the first task. For this, the attorney needs to study and analyze the facts in the Case Record and have an in-depth understanding of the Correct Standard of Review, to assess the points to argue and the way to do it.
Drafting the brief requires careful consideration of two aspects the state laws and the legal defect in the judgment. A competent Florida family law attorney specializing in this field knows how to present the strongest argument at the beginning followed by other issues and provide references along with these points.
Handling the filing procedure is also another responsibility of the legal professional. Whether it relates to your divorce or adoption, the time limit for filing is 30 days, from the judgment, at the clerk's office of the lower court, which issued the order. You would need to submit the brief along with other documents at this time.
Preparing the presentation along with a brief opening and closing is essential. Your attorney needs to communicate all relevant points concisely. Being there on time, dressing and speaking properly, as well as treating all others with respect are some of the requisites at this stage.
Tackling oral argument requires finesse in communication skills. An experienced appellate attorney knows this, and prepares accordingly. They know how to field questions and handle arguments. They also know that this is a review, and not a trial, and therefore, they need to stick to the error that forms the basis of the appeal.
By now, you must have understood that handling an appeal regarding a legal issue on your own is not such a good idea. Whether you are appealing for a just marital property settlement or for your child visitation rights, you require help from a good attorney.
