Attorneys Services

 

How Your Appellate Advocate Can Help

Speaker Law Firm offers a variety of ways to help you pursue your client's appeal. Depending on the type and amount of assistance you require, the Firm offers flexible fee structures, including hourly fees with a retainer, flat fees, or hourly fees with a capped maximum. You have the option of entering into an engagement agreement directly with appellate counsel, or arranging the representation so that your client enters into a direct attorney-client relationship with appellate counsel.

  • If you are a busy trial practitioner who does not have the time for the day-to-day details of the appellate process, Speaker Law Firm can take the lead. The Firm will perform all of the research, review the record, determine the issues to appeal, write the brief as well as any necessary motions, and argue the case to the appellate court. Speaker Law Firm will provide you with periodic updates on the status of your case. If you prefer a more hands-on approach, the attorneys will consult with you as they prepare the appeal and provide a draft brief for your review and approval before filing.

  • If you want to prepare your own appeal but would like guidance on the process, Speaker Law Firm is able to act as a consultant for your appeal. Consulting services include:

    — Assistance with procedural requirements of the appellate courts.

    — Refining your arguments and editing your brief.

    — Substantive suggestions on how to approach the court.

    — Tips for oral argument.

  • If you need help with preservation of error in the trial court, Speaker Law Firm can attend trial, review trial briefs, and prepare jury instructions. The Firm can also prepare or review draft complaints, and/or dispositive pre-trial motions to improve your chances for success on a dispositive motion, or lay the foundation for later appeal of that dispositive motion.

  • If you do not have time to draft the brief, but want to file it under your name, Speaker Law Firm also offers ghost-writing assistance. The trial attorney decides whether to inform the client about working with an appellate advocate on the briefing. As you will be the attorney with whom the appellate court and client communicate, ghost-writing services allow you to maintain complete control of your file.

 

Why you Should Refer your Client to an Appellate Attorney?

An Appellate Attorney devotes the time that you may not have for an appeal.

If you are visiting this website, you are likely an attorney with a busy trial practice. Whether you won or lost in the trial court, it takes a lot of time to prepare an appeal, perform additional research, and write a solid appellate brief. The demands of your practice - telephone calls, letters, discovery, motions, and dealing with opposing counsel and your clients - leave little time to focus on the research and writing required to develop an effective appeal.

  • — Reviews the record to pinpoint appealable errors.

    — Researches the law.

    — Re-analyzes the case from the appropriate standard of review.

    — Writes and edits the brief.

    — Meets all of the appellate court's technical requirements.

    — Presents persuasive and helpful oral argument.

  • An appellate advocate rethinks the case to provide a fresh perspective for the higher court. They seek strengths and weaknesses in the arguments that might not be obvious to the attorney who worked on the case from its inception. An appellate attorney will sort through and select the best arguments to persuade the court in favor of your client.

  • Appellate procedure can be a daunting hurdle for a busy trial attorney. An appellate attorney will help you maneuver your way through the court rules governing appeals, and advise you and your client on the impact of those rules on your case (such as standards of review, stays pending appeal, bonding requirements, and appellate motions). An appellate attorney is aware of the pitfalls of appellate procedure, the likes and dislikes of the appellate judges, new developments in the appellate rules and their interpretation.

  • The trial attorney’s job as an advocate is distinct from an appellate attorney’s brand of advocacy. An appellate attorney excels in research and writing. They can re-work complex and specialized cases so the appellate courts, who do not share the trial counsel's practice focus, can more easily understand the relevant arguments. Due to time constraints and costs, trial practitioners may not be able to provide the depth of analysis that appellate courts demand. An appellate advocate will advocate for your client in a manner that is most effective for their particular case, always bearing in mind the audience (the appellate judges and support attorneys). An appellate advocate knows how to converse with the bench during argument and effectively anticipate and answer the judges' questions.