Handling An Appeal Without An Attorney

by | Jul 1, 2024

Appeals involves strict procedural rules, adherence to deadlines, and a thorough understanding of appellate law. Further, each state has its own set of rules governing appeals. As a result, if you’re scouring the internet for tips on handling an appeal, you’re likely to come across lots of resources that don’t apply to your case but seem like they should. What is more dangerous, a clock that is inaccurate by 10 minutes, or one that it inaccurate by 5 hours? It’s the former, because you may think that it is accurate. Likewise when you are collecting information about appeals from the internet, you’re likely to read rules that only apply in other jurisdictions. It will seem right but could be absolutely wrong. To handle a North Carolina appeal, you need North Carolina-specific guidance.

Appeals also are not just about following the rules. Seasoned appellate attorneys have spent years honing their skills in legal research, brief writing, and oral argumentation. They possess a deep understanding of appellate procedure and case law, which allows them to express the core of the case within the required framework.

Appellants who decide to represent themselves also often fail to appreciate the emotional biases which could hinder their case.
Legal proceedings, particularly appeals, can be lengthy and emotionally taxing. Representing oneself may cloud judgment and lead to decisions based on emotions rather than legal strategy. A skilled appellate attorney will handle your case with objectivity.

You should also consider who you are up against. If the opposing party has an appellate attorney and you do not, then all of the advantages of hiring an appellate attorney are turned against you.

Finally, you should consider the very real possibility that, by handling the case yourself, you can dig a hole that you cannot get out of on your own. You may end up hiring an appellate attorney in mid-appeal, and ironically the costs of their work to correct your errors can easily outweigh your savings to that point by representing yourself. This firm has seen this error occur over and over. Not only does it increase the overall legal costs, but sometimes the errors cannot be fully corrected.

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