Appellate Practice

Appellate practice is a specialized field of law focusing on advocating before appellate courts to review, reverse, or uphold decisions from lower courts or administrative agencies. Unlike trial practice, it centers on legal, rather than factual, errors, requiring intense research, persuasive brief writing, and oral arguments. 


Key Aspects of Appellate Practice

  • Focus on Law, Not Facts: Appellate lawyers generally do not present new evidence or testimony, focusing instead on whether the law was applied correctly at the trial level.
  • Written Advocacy (Briefs): The core of appellate work involves writing detailed briefs that outline legal arguments, analyze the record, and cite relevant precedents.
  • Oral Argument: Attorneys present concise, high-level legal arguments to a panel of judges, answering questions regarding the legal issues in the case.
  • Standard of Review: Appellate courts apply specific standards (e.g., de novo or abuse of discretion) to determine if the lower court committed a reversible error.
  • Procedural Expertise: Mastery of strict procedural rules, deadlines, and court rules for filing appeals is required. 


What Appellate Lawyers Do

  • Review trial records (transcripts, evidence, motions) to identify errors.
  • File appeals to overturn unfavorable decisions or defend favorable ones.
  • File amicus curiae ("friend of the court") briefs to support a position in a case.
  • Handle post-trial motions and interlocutory appeals.