Practice Areas · Appeals

Appeals

What Is Appellate Practice?

The judicial branch is one of the three co-equal branches of government. While the legislative branch is tasked with passing laws, the other branches have their own methods of effectively shaping how those laws work. The executive branch covers governmental agencies — think the Department of Labor or Health and Human Services — and those agencies issue rules that govern a lot of what we do. The judicial branch, in interpreting the laws, ends up having the effect of “creating” law. One of the most famous cases from our highest court, Brown v. Board of Education, held that segregated schools were unconstitutional. The Justices did not draft the Constitution — it was the Constitution that outlawed segregation — but the Supreme Court can be seen as creating a rule in that once the Court announced segregation violated the Constitution, it became the law of the land. Appeals are where the judicial branch makes its most sweeping implementation of the law.

Likely more important to you: appeals are where you get a second bite at the apple. You may have lost a case in business court, or in superior court in a civil or criminal matter. Maybe your case started in district or superior court; maybe it started in the Office of Administrative Hearings or before one of the numerous occupational licensing boards. Your case might have even started in a federal district court or the federal sector of the EEOC. You can appeal to the appropriate appellate court for a panel of appellate judges to determine whether the trial judge made an error in your case.

Even if you won, you become part of the appeal if the other party decides to appeal. Ultimately, the appellate court will decide whether the decision in your case stands. It is best to have someone advocate for your position.

Why Select Q Byrd Law

Attorney Quintin Byrd is one of only a few Board Certified Appellate Specialists in the State of North Carolina, bringing focused, credentialed experience to every appeal he takes on.

Clients should expect a high level of attention to their matter, along with intense research and strategy, from any attorney they hire. Hiring a lawyer often comes down to trust — you have to trust that the lawyer is competent, fighting hard for you, providing good counsel, and ethical.

We price our appeals based on a number of factors, but remain competitive with the market. We take steps to offer honest advice about the likely outcome of your appeal, whether you won or lost at the trial level. Everyone works hard for their money, and we want to make sure you’re making an informed decision — even if it means giving you news you don’t want to hear.

Ultimately, if the firm takes your case, it’s because we believe in it and will fight until there is no fight left in us to correct the wrong done to you. If, after your consultation, you don’t feel fully comfortable with the firm representing you, we recommend finding someone you do feel comfortable with. It’s important that you build a strong relationship with your attorney.

“Together we can do better; together we can do greater.”

The firm’s motto

What Should I Expect During My Appeal?

Appeals are not like trial work. A number of people reach out to the firm complaining about how long their appeal is taking with their current lawyer, and how there hasn’t been much communication. Particularly as the appeal goes on, there is typically little need for interaction between lawyer and client.

What follows is what to expect in a typical state court case — federal cases can look quite different.

1.Transcript Process

We typically order the transcript for the hearing being appealed. The timeline for ordering it is quick, so you should be prepared — the cost of the transcript is borne by the client, and it may take 90 to 180 days to get it back.

2.Proposed Record Creation

While the court reporter prepares the transcript, the firm works with you and your trial counsel to gather a copy of all filed documents in the case, along with any other documents relevant to the appeal. We sometimes order a copy of the official record from the court, which carries its own fee. Once the draft record is prepared, it may take 45 days or longer before the appeal reaches the appellate court, depending on the jurisdiction. During this time, we do a deep dive with trial counsel and client to determine what viable issues there are to raise on appeal.

3.Briefing

Once the record is filed with the appellate court, the party appealing is on the clock to file their brief — this may take up to 60 days. Two more briefs typically follow after that. On appeal, arguments are purely legal, not persuasive: the judge or jury can’t simply be wrong in your eyes, they must be wrong in the eyes of the law. Arguments often deal with jurisdiction, admissibility of evidence, or legal standards — things clients aren’t usually well versed in. That’s why there’s often less back-and-forth with your appellate lawyer than there was with your trial lawyer. Don’t be alarmed — we’re working hard on your behalf.

4.Court Opinion

Once briefing is complete, a date is assigned for the judges to decide your case. Typically, there’s nothing for the parties to do on that date — it simply sets a clock, and we can generally anticipate a decision within about 90 days after that date.

All in all, from the day you notice your appeal to the day the decision comes out, it may take a year for your appeal to be completed. This can understandably cause anxiety — but knowledge is half the battle. Hopefully, this rundown gives you a clear sense of what to expect, so you aren’t alarmed by the process.

Helpful Links