What Does an Appellate Attorney Do?

 Posted on March 05, 2025 in Appeals

If you have lost a civil case, it may be possible to appeal the decision. In particular, if there is reason to believe that the court made a significant legal error, it is possible to appeal the decision to a higher or court of appeals.

The appellate court is generally made up of a three-judge panel that will review the lower court’s decision in a given case and hand down a decision either affirming or denying the appeal. The appeals process has specific and detailed procedures and does not involve a trial, although there may be oral arguments. 

It may be helpful to understand the role of your appellate attorney in this process if you are hoping to appeal your case. An experienced Tarrant County, TX appellate attorney can advise you on the appeals process and your attorney’s role in your civil appeal. 

Identifies Errors and Evaluate the Case

Not every decision may be appealed. In order to appeal a civil case, there must be grounds to appeal, usually related to the court’s incorrect application of the law. For this reason, one of the key roles of an appellate attorney is reviewing the lower court’s decision to identify any potential legal errors that may be grounds for an appeal. 

Files a Notice to Appeal

If after reviewing the record the attorney determines that there are legal grounds to appeal the decision, they will file a notice of appeal with the lower court that handed down the decision. This is a procedural first step in the appeals process. On the other hand, if the opposing party is appealing the decision, the attorney will respond to the notice of appeal. 

Prepares an Appeals Brief

The arguments on appeal are made via an appeals brief, a detailed document in which your attorney will make legal arguments on behalf of your position on appeal. Your attorney will strategize, research, and write the legal brief utilizing the record from the lower court’s decision and applying the law to the facts of your case. 

Presents Oral Arguments

Your attorney may present oral arguments in front of the three-judge appeals panel presenting your case on appeal. The attorney will also answer any questions that the judges may have, and they will do so in a way that highlights the strengths of your position. 

Call a Hill County, TX Appeals Attorney

If you have received an unfavorable outcome in your civil case, that does not have to be the end of your story. If you believe this decision was reached in error, an experienced Hood County, TX appeals attorney can file an appeal on your behalf and represent you before the appellate court. At Cain & Kiel Law we provide advice to clients on the legal options following a decision in a civil case. Call our offices at 817-645-1717 for a consultation.