If you received an unfavorable ruling in a civil or family law case in Seattle, Washington, you may have options for challenging the decision.
A Seattle appellate lawyer at Appellate Counsel, P.C. can identify potential grounds for appeal. Contact us today at (360) 660-1077 to schedule a free consultation.
Appeals are not new trials. They require a different skill set, including a command of appellate standards of review, deep knowledge of appellate procedure, and the ability to write and argue persuasively before a reviewing court.
With decades of combined experience, our attorneys focus exclusively on appellate advocacy and have secured notable results.
Why Choose Appellate Counsel, P.C. for Help With My Appeal in Seattle, WA?
At Appellate Counsel, P.C., we represent individuals and businesses in state and federal appeals involving family law, civil disputes, and complex federal matters.
Clients who turn to our firm in Seattle, WA, benefit from:
- 84 years of combined legal experience
- Two Washington Supreme Court victories
- Favorable outcomes in several published cases
- Attorneys licensed in over a dozen states across the country
- Lawyers who have been admitted before multiple federal circuit courts and the U.S. Supreme Court
Our focused appellate practice allows us to bring careful analysis and strategic judgment to each case we handle. Call us today to schedule a free consultation with a Seattle appellate attorney.
What Does a Seattle Appellate Attorney Do?
An appellate attorney in Seattle represents clients who are challenging a lower court’s decision or defending a favorable decision against an appeal. Unlike trial attorneys, appellate lawyers generally work from the existing court record rather than presenting new evidence or calling witnesses.
An appellate attorney’s work often begins with a detailed review of the trial court record. The attorney can identify potential legal or procedural errors, determine which issues are appropriate to raise on appeal, and analyze the standard of review the appellate court will apply.
An appellate attorney may also:
- Review trial transcripts, court orders, motions, and other parts of the record
- Research the statutes, court rules, and case law relevant to the appeal
- Identify and develop the strongest appellate issues
- Prepare and file appellate briefs
- Respond to arguments raised by the opposing party
- Ensure filings comply with applicable appellate rules and procedures
- Prepare for and present oral argument before the appellate court
Effective appellate advocacy requires determining which issues warrant the reviewing court’s attention and presenting those issues clearly and persuasively. Appellate Counsel, P.C. can handle these responsibilities throughout the appellate process while keeping clients informed about the status of their cases.
What Types of Appeals Does Appellate Counsel, P.C. Handle?
We represent individuals and businesses in a range of state and federal appellate matters. Our firm handles family law appeals, civil appeals, and complex federal appeals, but does not handle criminal or immigration appeals.
Family Law Appeals
Family law cases can involve decisions that have significant and lasting effects on families, finances, and parental relationships. When a party believes the trial court made an appealable error, an appellate attorney can review the record and determine whether there are grounds to challenge the decision.
Appellate Counsel, P.C. handles appeals arising from family law disputes, which can involve issues related to divorce, property division, spousal maintenance, child custody, parenting plans, and other family law orders. Because appellate courts review trial court decisions under specific standards of review, the appropriate argument will depend on both the issue at issue and how the trial court reached its decision.
Our attorneys can evaluate the record in a family law case, identify issues appropriate for appellate review, and advocate for clients through written briefing and oral argument when applicable.
Civil Appeals
Civil appeals can arise from disputes between individuals, businesses, and other parties. These cases may reach the appellate courts after a final judgment or other appealable decision when a party contends that the trial court committed a legal or procedural error.
Appellate Counsel, P.C. handles appeals involving civil disputes and can work independently or alongside trial counsel. Our attorneys can carefully review the record, analyze the applicable law and standard of review, and develop focused arguments addressing the issues before the appellate court.
We can also represent a party that prevailed in the trial court and must defend that result after the opposing party files an appeal.
Federal Appeals
Appellate Counsel, P.C. also represents clients in complex federal appellate matters.
Federal appellate practice is governed by its own procedural rules and requirements. As with state appeals, federal appellate advocacy generally requires careful analysis of the existing record, identification of issues preserved for review, extensive legal research, and persuasive written briefing.
Our attorneys can represent clients seeking to challenge a federal court decision as well as clients defending a favorable ruling on appeal. We approach federal appeals with the same focus on careful record review, strategic issue development, clear written advocacy, and effective oral argument that guides our appellate practice.
How Do I Know if I Have Grounds for an Appeal in Washington?
An unfavorable result does not necessarily mean that you have grounds for an appeal. An appellate court generally reviews the lower court’s decision for legal error rather than deciding whether it would have reached a different result based on the same facts.
Potential grounds for appeal can include:
- Applying the wrong legal standard
- Incorrectly interpreting or applying the law
- Improperly admitting or excluding evidence
- Giving erroneous jury instructions
- Abusing the court’s discretion when making a decision
- Making certain findings that are not supported by the record
- Committing procedural errors that affected the outcome of the case
Not every error warrants reversal. Depending on the type of error, an appellate court may consider whether the error prejudiced a party’s substantial rights or was harmless. The applicable standard of review and whether an issue was properly preserved in the trial court can also affect the appeal.
A Seattle appellate attorney can review the record and determine whether there are viable issues to raise before an appellate court.
What Is the Appeals Process in Washington?
An appeal typically begins when the party seeking review files a notice of appeal. From there, the parties must comply with Washington’s Rules of Appellate Procedure and applicable filing deadlines.
The appellate process generally includes:
- Filing and serving the notice of appeal
- Designating the materials needed for the appellate record
- Arranging for any necessary report of proceedings
- Preparing and filing the appellant’s opening brief
- Allowing the respondent to file a response brief
- Filing a reply brief when appropriate
- Participating in oral argument if the court schedules it
- Receiving the appellate court’s written decision
The precise process can vary depending on the court, the type of decision being reviewed, and the issues involved. An appellate court may affirm the lower court’s decision, reverse it, modify the result, or send the case back to the lower court for further proceedings.
How Is an Appeal Different From a Trial?
An appeal is not a second trial. At trial, the parties develop the factual record by presenting evidence, examining witnesses, and making arguments to a judge or jury. The trial court then makes factual and legal determinations based on the case presented.
An appellate court generally reviews what already occurred in the lower court. The parties ordinarily do not introduce new evidence or call witnesses. Instead, appellate judges consider the record, the parties’ written briefs, applicable law, and, in some cases, oral argument.
The standards governing appellate review also vary depending on the issue. An appellate court may review some legal questions without deference to the trial court, while giving greater deference to other types of decisions. Understanding the applicable standard of review is, therefore, an important part of developing an appellate strategy.
How Long Do I Have to File an Appeal in Washington?
Washington generally requires a notice of appeal to be filed within 30 days after the trial court enters the decision the party wants reviewed. Rule 5.2 of the Washington Rules of Appellate Procedure establishes the time requirements for filing a notice of appeal.
However, the date from which the deadline runs can change in certain circumstances. For example, timely filing certain post-trial motions can affect when the 30-day appeal period begins. Different rules may also apply depending on the type of decision and review being sought.
Because appellate deadlines can affect whether a court will hear a case, it is important to determine the applicable deadline as soon as possible after receiving an unfavorable decision.
Where Will My Appeal Be Heard?
Most appeals from Washington superior courts are heard by the Washington Court of Appeals. The court is divided into three geographic divisions, and the appropriate division generally depends on where the underlying superior court case was filed.
Some cases may ultimately reach the Washington Supreme Court. Review by the state Supreme Court is generally discretionary, meaning the court decides whether to accept the case. Washington’s Rules of Appellate Procedure identify circumstances that may warrant Supreme Court review, including conflicts among appellate decisions, significant constitutional questions, and issues of substantial public interest.
If the underlying case was heard in a federal district court in Washington, an appeal generally goes to the U.S. Court of Appeals for the Ninth Circuit rather than the Washington state appellate courts.
Should I Hire a Different Lawyer for My Appeal?
You are not necessarily required to hire a different attorney for an appeal simply because another lawyer represented you in the trial court. However, trial litigation and appellate advocacy involve substantially different work.
Trial lawyers typically focus on developing evidence, examining witnesses, making objections, and persuading a judge or jury. Appellate attorneys work primarily with an existing record and must identify reviewable issues, apply the appropriate standards of review, conduct detailed legal research, and develop persuasive written arguments for appellate judges.
Bringing in appellate counsel can also provide a fresh assessment of the record and the rulings being challenged. Appellate Counsel, P.C. can work independently or coordinate with existing trial counsel when appropriate.
Because appellate advocacy is at the core of our practice, our attorneys understand the distinct procedural and strategic demands involved in challenging or defending a judgment on appeal.
Contact Our Experienced Seattle Appellate Attorneys Today for Legal Assistance
Appeals in Seattle, WA, require careful analysis, persuasive written advocacy, and a thorough understanding of appellate rules and procedures.
At Appellate Counsel, P.C., appellate advocacy is at the core of our practice. Our attorneys bring 84 years of combined experience to state and federal appeals involving family law, civil disputes, and complex federal matters. We will carefully review the record, identify viable appellate issues, and provide honest guidance about the risks and potential outcomes of your case.
Reach out to us today to schedule a free consultation with an experienced Seattle appellate attorney and discuss your legal options.
