By: Editorial Staff, Date: July 25th, 2023
Appellate practice is a specialized field of law that necessitates a thorough understanding of the appellate process and the law itself. Nevertheless, even seasoned lawyers can fall victim to mistakes when pursuing an appeal.
In this article, we will explore some of the most prevalent appellate errors made by lawyers and discuss how to avoid them.
1. Failure to Preserve Error
This occurs when a lawyer fails to properly raise an issue on appeal that could have been raised in the trial court. If an error is not preserved, the appellate court will be unable to consider it.
Thus, to prevent making this mistake, lawyers should meticulously review the trial court record to identify any potential errors that can be raised on appeal. Additionally, they should ensure that these errors are raised in a timely manner during the trial court proceedings.
2. Neglecting to Cite Relevant Authority
Another common mistake made by lawyers in appellate practice is the failure to cite relevant authority. This means that the lawyer does not provide the appellate court with the necessary legal support for their arguments. Without relevant authority, the appellate court is less likely to be convinced by the lawyer’s assertions.
To avoid this mistake, lawyers should conduct thorough research on the law and cite relevant cases, statutes, and regulations in their appellate briefs. They should also ensure the accuracy and completeness of their citations.
3. Crafting an Ineffective Appellate Brief
An appellate brief presents an opportunity for a lawyer to persuade the appellate court to reverse or modify a lower court decision. However, an ineffective appellate brief is unlikely to achieve this objective.
To steer clear of such errors, lawyers should meticulously plan and write their appellate briefs. Additionally, they should consider having their briefs reviewed by a colleague or mentor before submitting them to the appellate court.
These are just a few examples of the most common errors made by lawyers in appellate practice. By avoiding these mistakes, lawyers can enhance their chances of success on appeal.
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