Appeals fromtrial courts
Appeals involve a process unlike that inthe trial courts. In the appellate courts, there are no juries and no livetestimony. The record which the appellate court reviews is paper: thepleadings filed in the court below and the transcription of the trial testimony. Thequestions which the appellate court must answer are unique to the law -- it sometimes mustdetermine whether the trial court reached the correct legal result, but it is sometimeslimited to determining only whether the trial court did things the "right" way.
Therefore, appeals require a different approach than do trials. The ability to communicate with the twelve people in the jury box is supplanted byhours in the law library and the need to communicate clearly and efficiently in writing. Often the process begins in the trial court, with the presentation of or defenseagainst a motion for new trial, because important issues can be raised there which willaffect an appeal.
R. Perry McConnell, P.C. provides appellate representation from itsstarting point in the trial court through the courts of appeals and the Supreme Court. However, when representing appellants who are seeking a new trial, the firm doesnot accept representation with the intention of representing the client at trial if theappeal is successful. The firm's goal in such cases is to return control to thetrial lawyers at the end of the appellate process.
Extraordinaryremedies
Some cases require special petitions to be filed in the courts ofappeal or the Supreme Court. For example, on occasion it is necessary to request that acourt of appeals order a trial judge to correct an action before the case reaches theappellate stage. This request, called an application for writ ofmandamus is a specialized pleading.
R. Perry McConnell, P.C. provides representation in the courts of appeals and the SupremeCourt for these types of extraordinary requests for relief.
Dispositivemotions at trial
Dispositive motions, such as motions forsummary judgment, occur at the trial level yet have great impact on activities at theappellate stage. It is often helpful to have an appellate lawyer involved in theoffering or defense of these types of motions so that attention is given to the way theresult will be reviewed on appeal.
R. Perry McConnell, P.C. provides legal representation andtrial-level support to trial lawyers for tasks such as review of pleadings, motiondrafting, and legal research which can aid in effectively dealing with dispositive trialmotions.
