Frequently Asked Questions
Should I hire my trial attorney to handle the appeal in my case?
The skills required to be a successful trial attorney and those of a successful appellate attorney are fundamentally different. If your trial attorney has significant appellate experience, is an excellent legal writer, and is interested in the appeal, you may consider hiring him or her for the appeal. However, if your trial lawyer does not meet these standards, you should consider hiring a different attorney on appeal.
What should I look for in an appellate attorney?
A good trial lawyer is part detective. He is an expert at questioning, interviewing, arguing, developing his own version of the facts, and making evidentiary objections in the courtroom. The role of an appellate attorney is fundamentally different. In most cases, an appellate court will not second-guess the trial court's rulings on the facts. Instead, it will evaluate whether the trial court applied the law correctly. A successful appellate attorney is able to coherently apply broad legal principles to specific facts. He must be good at understanding and developing legal theory. He must be able to harmonize and tie together a wide variety of legal authorities in a consistent way. He must be a superior legal writer.
Why should I hire Jeff Teichert to handle my appeal?
Jeff Teichert is an experienced, respected and effective appellate attorney. He has filed briefs in the United States Supreme Court, federal courts of appeal, federal district courts, the Washington State Court of Appeals, and a variety of federal administrative tribunals. In the year 2001, he served as a Special Deputy Prosecutor for Whatcom County, Washington in several appeals. From 1994 to 1996, he served as a Judicial Law Clerk to the Chief Justice of American Samoa. He is an excellent legal writer and has studied advanced jurisprudence at George Washington University.
What will my appeal or defense cost?
That depends entirely on your individual case. As a general rule, Jeff Teichert estimates that it will take approximately two to three hours of research, planning and writing per brief page. A flat fee for all work on the appeal will be proposed at the outset of the relationship, and will be based on a rate of $500 per page for the estimated number of brief pages, plus $1,500 for the oral argument. Depending on your individual case, travel costs and printing charges may apply.
How is the appellate process different from proceedings in the trial court?
Procedures differ depending on whether your appeal is in state court, federal court, or in an administrative agency. This answer will give the reader a general idea about what to expect in the appellate process. However, it may or may not be fully applicable in your specific case.
The party wishing to appeal must first file a notice of appeal within a specified period of time after the trial court's decision-usually thirty days. Then, according to the applicable schedule, the party appealing the decision will file an opening brief outlining why that party believes the trial court applied the law incorrectly. The opposing party will then file its own opening brief defending the trial court's decision. The party appealing the decision will then usually have an opportunity to file a reply brief. After the briefing is complete, oral argument will usually be scheduled. Oral argument is primarily for the purpose of giving the judges an opportunity to ask questions of the attorneys regarding their legal theories and their respective interpretations of the law. After oral argument, the court will take the case under consideration and issue a written decision either affirming the lower court's decision or reversing it. Often when the appellate court reverses the lower court's decision, it will remand the case back to the lower court for further factual findings or directing the lower court to reconsider some elements of the case, applying the law differently. How long it will take to get a decision will depend on what court or agency is considering your appeal.