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Getting a Lawyer for your Appeal




Because trial and appellate (appeals) work are two different types of legal practice, the lawyer who represented you at the trial will not automatically file or handle your appeal. You must ask your lawyer to do so, or find another one who will. If you want to appeal your conviction, be sure to specifically and clearly inform your attorney of that fact -- the Supreme Court recently determined that an attorney's failure to file a notice of appeal does not necessarily constitute ineffective assistance of counsel so long as the defendant did not clearly convey his wishes on the subject. In many states, the state public defender (or another assigned counsel) generally will handle the appeal for those unable to pay.

Trials require the skills of a lawyer who has experience in the courtroom and working before juries. Appeals involve a large amount of writing and legal research, as well as the ability to argue legal doctrines before a judge.

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