How Will an Appellate Attorney Get Up to Speed in My Federal Court Appeal?
The appellate court must make a decision based exclusively on the case record. Fortunately, the case record, which must be physically filed in the court of appeals, is fixed, ascertainable, and there for all to see (unless of course the case is sealed). The appellate attorney’s fresh look at the case record may be advantageous to the client because the appellate attorney will be reviewing the same case record as the appellate judges and law clerks. Moreover, the initial brief filed in the federal court appeal is typically not due for many months after the Notice of Appeal is filed. This will give an experienced appellate attorney plenty of time to read the case record and conduct the necessary legal research.
