Jeremy Moran
Appeal lawyers, commonly known as appellate attorneys or appeal barristers in Georgia, play a crucial role in the legal system. When we pursue an appeal, it’s generally because we believe there was a legal error made during the original trial proceedings. Our job is to review the trial’s record, identify any such errors, and argue why the outcome should be reconsidered based on those errors. We present our arguments in briefs and oral presentations to appellate courts, with the aim of achieving a favorable result for our clients, often focusing on legal issues more than factual disputes.
We must have a deep understanding of the law and strong analytical skills to successfully navigate the complexities of appellate procedures. In Georgia, this might include interpreting state laws and regulations, as well as federal laws if the case has broader implications. Our role requires us to be persuasive and effective in written and oral advocacy, as most appeals are won or lost based on the written briefs submitted before any oral argument. Learn more about Appeal Lawyers in Georgia
Credibility and a meticulous approach to the law are paramount in our practice. We ensure that every argument made is supported by legal precedent and the evidence on record from the trial court. In Georgia’s appellate courts, we are tasked with not only persuading a panel of judges but also operating with integrity, precision, and a deep respect for the judicial process. Our work serves the important function of maintaining a fair and just legal system by helping to correct errors and clarify legal principles.
Understanding the Appeal Process in Georgia
In Georgia, the appeal process is a legal procedure that allows a party to seek a review of a court’s decision. We will guide you through the critical aspects of grounds for appeal and the structure of the appellate court system.
Grounds for Appeal
Our Legal System Primacy: Our legal system provides the right to appeal, which is predicated on the principle that our judgments may be prone to errors that merit reconsideration.
Error of Law:
- An appeal in Georgia is typically grounded on an alleged error of law.
- Examples: Incorrect jury instructions or the application of an incorrect legal standard.
Procedural Issues:
- Procedural missteps, such as improperly admitted evidence or lack of sufficient evidence to support the trial court’s decision, can also form the basis for an appeal.
Abuse of Discretion: Judges sometimes make rulings that are such a departure from standard practice that they are seen as an abuse of discretion warranting appellate review.
The Appellate Court System
Georgia Court of Appeals:
- Jurisdiction: This is the intermediate appellate court and handles most appeals from the trial courts.
- Panel of Judges: Cases are generally decided by a panel of three judges, with the option for a full-court review in certain instances.
The Supreme Court of Georgia:
- Upper Echelon: This court handles appeals involving constitutional issues, election disputes, and cases of significant public interest.
- Discretionary Review: Not all cases are eligible for review by the Supreme Court and typically require a petition for certiorari.
Finality:
- Decisions: Decisions by the appellate courts are typically final, though in rare cases a federal court might be petitioned.
Selecting the Right Appeal Lawyer
When we choose an appeal lawyer in Georgia, it’s crucial to consider their qualifications, track record, and areas of specialization to ensure the best possible outcome for the case.
Qualifications of Appeal Lawyers
- Education: We ensure that the lawyer has a Juris Doctor (JD) degree from an accredited law school.
- Bar Admission: The lawyer must be admitted to the Georgia State Bar to practice in the state.
- Continuing Legal Education (CLE): We confirm that lawyers engage in ongoing legal education to stay updated on appeal law.
Experience and Track Record
- Years of Practice: We look for lawyers with extensive experience in practicing appeal law.
- Past Cases: We examine the lawyer’s previous cases, focusing on appellate court successes.
- Client Testimonials: We consider testimonials and reviews from former clients to gauge satisfaction and outcome success.
Specializations Within Appeal Law
- Criminal Appeals: Some lawyers are specialized in challenging criminal convictions.
- Civil Appeals: Others may focus on disputes in civil courts.
- Administrative Appeals: We also seek out attorneys well-versed in administrative law and procedures for appeals in governmental agencies.
