Unfortunately, trial courts are fallible. Under our legal system, every litigant is entitled to have any decision made by any trial court reviewed by a higher court to ensure that the decision complied with the law, and that the litigants were treated fairly. This is a very important right, even if the decision being appealed was in your favor. In either case, at this point in the progression of your case, a skilled appellate attorney becomes critical to your chances at success. The Burton Law Firm is very comfortable arguing your case in the appellate courts, and our attorneys have many years of experience practicing appellate advocacy.
If you were the subject of an adverse ruling or you prevailed in court and your opponent has raised an appeal, you are going to need an appellate advocate. An appeal means that either you or your opponent has disagreed with the final ruling and now desires another chance to present the case. This process is specialized. The appellate advocate must have both a thorough understanding of highly technical appellate procedure and the ability to make legal arguments in a way that will convince an appellate court.
The skills that are required to succeed are significantly different from those required in trial court litigation. As the litigator, it is our job to ensure all of the facts are apparent and make sure the judge sees that the previous ruling was incorrect. Justice Leander Shaw of the Florida Supreme Court puts it in the following terms, "In appellate advocacy, however, the emphasis switches and the lawyer must stress the application of law to facts—keeping in mind the appellate court’s concern for uniformity of the law and doing justice." In other words, trial practice is about proving facts and making sometimes emotional pleas to a jury. Appellate practice is concerned with proving to a judge that a previous ruling was a correct application of the law.
Our litigators have represented clients in appeals in both federal and state appellate courts throughout the country on matters ranging from patent litigation to probate disputes. The Burton Law Firm has the specialized skills needed to prevail on your appeal. Please contact Michael Wilcox with any questions about how your particular circumstances can be argued effectively at the appellate level.