Why hire outside counsel for an appeal?

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Appealing an unfavorable decision can be a real headache. There are numerous reasons for this, but taking a look at some of the most common can show why hiring outside appellate counsel can be the best solution to correcting a trial court’s mistake. 

Appeals are Very Time Consuming

Unlike most trial courts and administrative tribunals, the high courts of Missouri, Kansas, and the United States are extremely strict in enforcing rules that seem quite trivial. Everything for impermissible arguments to incorrect font sizes can result in a brief being rejected. Even worse, if the filing is made on the deadline, an appeal may be lost altogether based on a silly mistake. Thus, unlike filing a motion in the trial court, filing an appeal may require several hours of reading appellate rules for a first-time or non-regular party.

Further, by their very nature, appeals are time consuming. Shifting through a record, researching legal issues, and drafting the perfect brief can quickly add up to hours and hours work. And there is truly no substitute for a powerful, persuasive brief. Many appellate judges are frank that a decision is made before oral argument ever happens. In fact, appellate courts may decline to hear oral argument at all. Worse yet, the court may decline to hear argument unless one side protests. How likely is it that a court will be swayed by an oral argument it didn’t want to hear in the first place? This demonstrates how vital it is to draft an effective brief, which means hours of research, drafting, and proof-reading. 

Appeals Can Become Too Personal

A mistake or loss at the trial court level can be devastating. As lawyers, we are very passionate about our craft; none more so than trial attorneys. When a mistake costs your client, it is nearly impossible to keep passion in check. While passion for work is great, it can be a hindrance in an appeal. The court is rarely as concerned about your case as it is about the next case that will come about deciding your case; quite the opposite of a jury or trial court. Being too attached to the facts and case can make arguing an appeal correctly—with the focus on addressing the court’s concerns with the potential decision—very difficult. Outside appellate counsel can provide a buffer, and provide more effective arguments that are persuasive to the judges ultimately deciding the case.

Why Choose Doyle & Associates?

The attorneys of Doyle & Associates have argued before appellate courts throughout Missouri and Kansas. We are familiar with the detailed rules that each court has, meaning significantly less time spent researching the procedural necessities of getting in and staying in the higher courts. Through our experience appealing multiple cases, we’ve become adept at crafting arguments that address common concerns of appellate judges. This can save great time and expense in both drafting briefs and preparing for oral argument before the court. And best of all, you can continue focusing on running your practice—which is particularly important for small firms and solo practitioners. Let us worry about protecting your win or getting your case back to you, while you can keep focusing on the rest of your practice.

Dan Doyle has been practicing law for nearly four decades. Dan argued and won his first appeal after being admitted to practice for less than one year. Since that appearance before the Kansas Supreme Court, Dan has had cases before the Kansas Court of Appeals, the Missouri Court of Appeals, and the Missouri Supreme Court. In addition, Dan had argued several cases before the Missouri Labor & Industrial Relations Commission and Kansas Workers’ Compensation Board. Dan has argued highly technical aspects of the Missouri Workers’ Compensation Law, including a decision regarding the application of interest, ultimately resulting in an award nearly tripling.

Robert Bruce has had a passion for appellate work throughout his young legal career. In law school, Robert won the intra-school appellate competition, receiving the award for best overall advocate and best oral argument, while the brief written by Robert and his partner won best brief. Robert represented his law school in the national moot court competition, reaching the semifinals. After graduating, Robert argued before the Missouri Supreme Court after being admitted to practice for just over seven months. Within his first year of practice, Robert has submitted briefs to the Missouri Supreme Court, the Missouri Court of Appeals, and the Missouri Labor & Industrial Relations Commission.