Appeals aren’t trials and thus require different legal abilities and skills to obtain success. Appeals require appeals defence barristers to make legal arguments to a panel of judges solely based on the record created during trial and according to the established or developing law. A trial is mostly oral and requires a barrister who is tough and articulate. An appeal is in contrast almost always decided on the written brief. It is thus important to have an appeals defence barrister who is a clear thinker and a good writer.
Here are some of the benefits associated with hiring an appeals defence barrister:
Fresh Review of the Case
Many clients mistakenly believe that the barrister they used during trial is the best one to handle the appeal because he or she understands the case well. However, an appeals barrister has no commitment to issues raised during the trial. The appeals barrister is thus able to examine the case objectively and can identify and raise errors made during trial and help you win your appeal.
Understanding the Errors Made During Trial and Developing Appellate Arguments
The appeals barrister understands different errors to look for in trials and how to develop them into successful arguments on appeal. A good appellate barrister should be able to extract from the trial records the parts of voluminous record pertinent to the appeal.
Understanding the Established and Developing Law
Appeals barristers are usually more familiar with the arguments and issues likely to be successful on appeal. They have a better understanding of patterns emerging in appellate decisions and keep up with issues in the appeals courts.
Sustained and Uninterrupted Devotion to the Development of the Appeal
Persuasive, good, and clear writing takes time and skill. Sustained devotion to one task is usually hard for busy defence barristers who have many other things to attend to during the day. Even when a defence barrister has the time, not all have the inclination to think hard, analyse, draft, and synthesise information needed for a good appeals brief.
Excellent Research and Writing Skills
Appeals barristers usually have excellent research and writing skills. While most defence barristers do good research and write well, they never devote time to develop these skills every day. Effective research skills are critical since finding the right precedent and using it effectively could mean the difference between losing and winning the appeal.
Appeals defence barristers provide an invaluable service and engaging their services will help you enjoy the benefits discussed in this article. Hire a good appeals barrister if you have been convicted on an offence and are facing jail time.