An appellate counsel is a lawyer who represents a party during the appeal process. This role is distinct from that of trial counsel, who handles cases at the trial level. Appellate counsel focuses on reviewing trial court decisions, preparing legal arguments, and presenting cases before appellate courts.
Appellate counsel is primarily used in the context of criminal and civil appeals. Their role is crucial in ensuring that legal errors made during the trial are addressed and corrected. Appellate counsel may file briefs, argue cases, and help clients understand the appeals process. Users can manage some aspects of this process themselves with the right legal templates from US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A defendant found guilty in a criminal trial hires appellate counsel to challenge the conviction based on improper jury instructions. The appellate counsel reviews the trial record and files an appeal.
Example 2: A person who loses a civil lawsuit seeks appellate counsel to appeal the decision, arguing that the trial court misapplied the law. (hypothetical example)
Pursuant to 10 USCS § 870, the judge advocate general appoints appellate government and defense counsel in military cases. This statute outlines their roles in representing parties before military appellate courts.
| State | Notes |
|---|---|
| California | Appellate counsel may be appointed for indigent defendants in criminal cases. |
| New York | Appellate counsel in civil cases often focuses on procedural issues. |
| Texas | Appellate courts have specific rules for filing briefs and motions. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Trial Counsel | Lawyer representing a party during the trial. | Focuses on trial procedures rather than appeals. |
| Advocate | General term for someone who supports or defends a cause. | Can refer to roles beyond legal representation. |
If you need to appeal a court decision, consider consulting an appellate counsel to understand your options. You can also explore US Legal Forms for templates that may assist you in preparing necessary documents. If your case is complex, professional legal help is advisable.
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Appellate counsel reviews trial court decisions and represents clients in appellate courts.