The Critical Role of Appellate Attorneys
A SPECIAL REPORT by Tripp Scott's Jennifer H. Wahba and Jennifer A. Bautista
As Published in Florida Trend
Clients often question the necessity of hiring an appellate attorney when they already have a litigation or trial attorney handling their case. After all, the trial attorney was chosen for their skills and expertise, which can make their presence seem sufficient. But as legal matters unfold, the complexities of a case can easily surpass the trial attorney’s focus and abilities, particularly in cases that may be appealed. An appellate attorney makes sure that a client has the best chance of success at all stages of the litigation.
Of course, the most apparent need for an appellate attorney arises when a client or the opposing side wants to challenge an unfavorable ruling. When a case is appealed, an attorney who is well versed in the specific practices and unique rules of state and federal appellate courts is crucial to the client’s legal team. Appellate attorneys understand which legal theories resonate with appellate judges and can craft arguments to obtain either reversal or affirmance of the lower court’s decision.
Yet the involvement of an appellate attorney can — and often should — begin much earlier in the legal process than an appeal. From the moment a decision is made to file a lawsuit, an appellate attorney can add significant value to the client’s case.
As a case progresses, appellate attorneys play a vital role in ensuring that the law governing the litigants’ claims and defenses is effectively presented to the trial judge. The appellate attorney’s contributions include conducting thorough research to accurately represent and leverage the applicable law; drafting persuasive arguments grounded in strong legal-writing skills that lay the foundation for potential appeals; and providing essential guidance on trial strategy to preserve a client’s appellate rights. For instance, if certain arguments are not raised at the trial level, they may be deemed waived, resulting in the loss of those arguments on appeal. A skilled appellate attorney is adept at identifying and properly preserving these critical issues.
Further, appellate attorneys are trained to recognize, assess, and recommend the most appropriate avenues of challenging an unfavorable ruling rendered during the litigation. If the client pursues an appeal or other type of non-final review, the appellate attorney’s skills and expertise become invaluable to ensuring that the client has
the best chances of a successful outcome. An appellate attorney best understands the nuances of the law and appellate rules and can frame the arguments in the most persuasive way to target appellate judges.
Appellate attorneys are not just a secondary thought; they are essential partners in the legal process, from pre-trial through appeals. At Tripp Scott, our four appellate attorneys tap into their
experience as former clerks for judges in Florida’s appellate courts to provide unparalleled support. They are both litigators and strategic trial partners, committed to preparing clients for the best possible outcome. In a landscape where every detail matters, the expertise of Tripp Scott’s appellate attorneys is critical for navigating the complexities of trial and appellate courts.
