Florida Appellate Advocacy
Appellate advocacy is a specialized area of the law that is different from trial advocacy. If a party is unhappy with the outcome of the case, the party can usually appeal to the next higher court for reconsideration.
At trial, a lawyer presents both the facts of the case and the relevant legal authorities in an effort to achieve victory for the client. The law is presented to the trial judge, and the facts are presented to the “finder of fact,” which can be either the judge or a jury, depending upon the nature of the case.
At the appellate level, when seeking to have a trial-level decision overturned, the lawyer appealing the lower court outcome is confined to presenting the appellate court information that was previously presented at the trial level. Usually, appellate courts will not re-weigh evidence in order to determine matters of fact; the greater majority of appellate decisions hinge on whether the trial court correctly applied the law to the set of facts presented at trial.
A diligent appellate attorney will review your case materials from trial (called “the record”) to determine whether all judicial procedural requirements were met. If it is evident from the record that such requirements were not met, you may have a basis for an appeal. A good appellate attorney will then research your issue and the relevant case law to analyze whether your case is one that should be reviewed by a higher court.
Of course, sometimes situations arise where you need an appellate lawyer even if you were victorious at trial if the other party to the lawsuit believes your victory was unlawful and files an appeal of the decision. In order to defend the lawfulness of the trial court’s decision, your attorney will counter the arguments made by the appealing party’s attorney.
Experienced Florida Appellate Attorneys
Attorneys at The Boatman Law Firm have an unparalleled breadth and depth of experience and skill that they bring to every appeal. We are zealous advocates for our clients’ interests, and are willing to pursue every avenue of litigation, including an appeal, to advance our clients’ goals and interests.
Our Approach to Appealing Your Case
The Boatman Law Firm has a staff of experienced appellate litigators ready to take a look at your trial case with a fresh set of eyes to determine whether the facts and the law support the trial court decision. Because we are Truth Guided, we often find novel arguments overlooked by trial counsel that advance the client towards the right outcome on appeal. We are Relationship Driven which means that we give every appeal the backing of our entire Firm and its resources. We believe that everyone deserves to be heard especially when they have been wronged by the court system. To schedule an initial consultation, contact us online or call us at (239) 330-1494.