While an appeal is a continuation of litigation, it is much different than trial practice. An appellate attorney brings a fluency in appellate practice to the case.
But even attorneys or clients skilled in appellate practice can often benefit from the “fresh set of eyes” an appellate attorney brings to the case. The appeal is argued to a new court that was not involved in the trial at all. Who better to identify the best arguments and how to present them than an appellate attorney who can view the case with the same objectivity?
I explore these themes in more detail at my website and in a 5-post series at The California Blog of Appeal. I encourage you to follow both links and read my thoughts on why a new lawyer on appeal can benefit the client. The information presented at those sites is as valid for federal appeals as it is for state court appeals. You may also wish to check my answers to Frequently Asked Questions about appeals.
