Do you need an appellate lawyer?
Perhaps you find yourself embroiled in litigation. Perhaps the issues are complex or the stakes are high. Perhaps you have already considered the potential for appeal. Perhaps even final judgment has already been entered in your case. That is, a winner and a loser have already been declared and the reality of an appeal is inescapable. You may be asking - Do I need an appellate lawyer?
Our constitution assigns different kinds of decisions to different decision makers. In the trial court, the jury or the trier of fact decide questions of fact. For example, the trier of fact would consider questions such as was the light green or was the witness telling the truth? In short, the trier of fact searches for the truth. The trial lawyer uncovers, organizes and presents facts to the trial court. The trial lawyer asks witnesses questions and guides a jury through those facts in closing argument
On appeal, the appellate court decides questions of law. For example, the appellate court would determine what a particular statute means or whether the testimony of a witness was admissible under the evidence code. In short, the appellate court corrects errors of law by the trial court.
Elizabeth Harris practices in the area of appellate practice, handling both state and federal appeals throughout the State of Florida.
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