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seeking professional legal advice.
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do not provide sensitive information
in an email or telephone message.
Instead, simply provide your contact
information and a brief, generic
description of the services you seek,
and I will get back to you as soon as
possible.
Web site have been prepared and
published for informational purposes
only and do not constitute legal
advice. The materials are
presented without any
representation or warranty
whatsoever, including as to
accuracy or completeness, and may
not reflect the most current legal
developments, verdicts, or
settlements. As a result, do not act
or rely on these materials without
seeking professional legal advice.
Any links to other Web sites are
provided merely as a convenience.
The linked Web sites are operated
and maintained by third-parties;
therefore, I do not take responsibility
for the content, accuracy, or
timeliness of those sites, nor do I
endorse those sites or any products
they may advertise or make
available. This Web site does not
incorporate materials that appear on
those sites by reference.
A lawyer-client relationship is not
established merely by accessing this
Web site or contacting me by
telephone or email. If you wish to
hire me after an initial consultation, I
will provide a written agreement
describing the services that I will
provide and the fee I will charge.
Until both of us have signed such an
agreement, you are responsible for
your own legal affairs.
I cannot guarantee that information
sent by email or left in a voice mail
will remain confidential. As a result,
do not provide sensitive information
in an email or telephone message.
Instead, simply provide your contact
information and a brief, generic
description of the services you seek,
and I will get back to you as soon as
possible.
Why do the big law firms have dedicated appellate counsel?
1. Fresh Perspective After working long hours, sometimes years,
preparing a case for trial, an attorney can become emotionally invested
in the arguments, the people, and the merits of the case. An appellate
attorney may be able to identify strengths or weaknesses that were
overlooked during trial, and provide a more realistic assessment of a
client's prospects on appeal.
2. Appropriate Skills At trial, success requires eloquent oratory from a
charismatic attorney who can hold a jury's attention and appeal to their
emotions. On appeal, however, success requires the opposite: a
written argument that is measured in tone and relies on logic to
persuade the judges. Rather than making the mistake of relying on oral
argument, an appellate attorney will make sure that the briefs contain
the best possible presentation of your arguments by properly framing
the case and focusing the court on the winning issues.
3. Knowledge of the Audience Appellate judges are a unique
audience, far different from a jury or even a trial court judge. Appellate
judges set precedent for an entire district; thus, they are more
concerned with the development of the law as a whole, then the
outcome of a particular case. Appellate judges want to know how their
decision will affect other cases, not just your case.
4. Familiarity With Appellate Law Appeals involve vastly different legal
issues then typically arise in the trial courts. For instance, the
determinative issue on appeal is often the standard of review; i.e., how
much the appellate court is required to defer to the trial court. That
issue rarely arises in the trial court, meaning that most trial attorneys
have little experience in dealing with it. An appellate attorney will be
skilled at applying and manipulating the standard of review in order to
provide the best opportunity for success on appeal.
5. Assistance Prior to Appeal Appeals are often derailed by the
concept of waiver, where the appellate court refuses to address an
issue because trial counsel did not argue the matter in the trial court. If
retained early enough in the process, an appellate attorney can assist
the trial attorney in identifying good arguments and spotting
objectionable rulings so that the client's interests are fully preserved.
Ultimately, appeals are simply different than trials. This seems obvious
enough and should go without saying, but if you ask any appellate
judge, they will tell you that it needs to be said again and again.
So, why not hire an appellate attorney?
You may be thinking that a dedicated appellate counsel is an
extravagance that only the big firms can afford. Not so. Appellate work
is mostly on paper; the costly, time-consuming part of the litigation
(discovery, depositions, negotiations, and trial) is already completed.
As a result, an appellate practice can be operated without the office,
staff, and other overhead that is needed to manage a busy trial
practice, meaning that an appellate attorney can often work at a lower
hourly fee then the trial attorney, who must maintain an office and staff.
Can you afford not to hire an appellate attorney?
Will the other side have an experienced appellate attorney representing
them? Do you want to lose that edge? If not, wouldn't you like to gain
an edge on appeal? Appeals are not frivolous undertakings; even
under the best of circumstances they can be expensive and delay the
proceedings for years. If you are going to go down that road, or if you
are being dragged down it by the other side, why not maximize your
chances by hiring an experienced appellate attorney?
1. Fresh Perspective After working long hours, sometimes years,
preparing a case for trial, an attorney can become emotionally invested
in the arguments, the people, and the merits of the case. An appellate
attorney may be able to identify strengths or weaknesses that were
overlooked during trial, and provide a more realistic assessment of a
client's prospects on appeal.
2. Appropriate Skills At trial, success requires eloquent oratory from a
charismatic attorney who can hold a jury's attention and appeal to their
emotions. On appeal, however, success requires the opposite: a
written argument that is measured in tone and relies on logic to
persuade the judges. Rather than making the mistake of relying on oral
argument, an appellate attorney will make sure that the briefs contain
the best possible presentation of your arguments by properly framing
the case and focusing the court on the winning issues.
3. Knowledge of the Audience Appellate judges are a unique
audience, far different from a jury or even a trial court judge. Appellate
judges set precedent for an entire district; thus, they are more
concerned with the development of the law as a whole, then the
outcome of a particular case. Appellate judges want to know how their
decision will affect other cases, not just your case.
4. Familiarity With Appellate Law Appeals involve vastly different legal
issues then typically arise in the trial courts. For instance, the
determinative issue on appeal is often the standard of review; i.e., how
much the appellate court is required to defer to the trial court. That
issue rarely arises in the trial court, meaning that most trial attorneys
have little experience in dealing with it. An appellate attorney will be
skilled at applying and manipulating the standard of review in order to
provide the best opportunity for success on appeal.
5. Assistance Prior to Appeal Appeals are often derailed by the
concept of waiver, where the appellate court refuses to address an
issue because trial counsel did not argue the matter in the trial court. If
retained early enough in the process, an appellate attorney can assist
the trial attorney in identifying good arguments and spotting
objectionable rulings so that the client's interests are fully preserved.
Ultimately, appeals are simply different than trials. This seems obvious
enough and should go without saying, but if you ask any appellate
judge, they will tell you that it needs to be said again and again.
So, why not hire an appellate attorney?
You may be thinking that a dedicated appellate counsel is an
extravagance that only the big firms can afford. Not so. Appellate work
is mostly on paper; the costly, time-consuming part of the litigation
(discovery, depositions, negotiations, and trial) is already completed.
As a result, an appellate practice can be operated without the office,
staff, and other overhead that is needed to manage a busy trial
practice, meaning that an appellate attorney can often work at a lower
hourly fee then the trial attorney, who must maintain an office and staff.
Can you afford not to hire an appellate attorney?
Will the other side have an experienced appellate attorney representing
them? Do you want to lose that edge? If not, wouldn't you like to gain
an edge on appeal? Appeals are not frivolous undertakings; even
under the best of circumstances they can be expensive and delay the
proceedings for years. If you are going to go down that road, or if you
are being dragged down it by the other side, why not maximize your
chances by hiring an experienced appellate attorney?
| WILLIAM T. CRAMER ATTORNEY AT LAW |
470 Olde Worthington Road Suite 200 Westerville, Ohio 43082 ph 614-410-6746 cell 614-353-5593 fax 614-453-8283 wtcesq@cramerlawoffice.com |