Author – James E. Czarnecki II
This article, written by a Michigan appeal lawyer, explains why you should not hire your trial attorney to appeal your case. It also explains what you should look for when you hire an appeal lawyer to represent you.
The attorney who represented you at trial should not do your appeal. You must always hire another attorney to review your case. The trial attorney cannot distance himself or herself from the case because of personal involvement. Consider that the Michigan Court of Appeals was not intimately involved in your trial. The Court does not have preconceived notions about the legal issues. Everything the Court will learn about your case will come from a review of the transcripts. Your new appeal attorney should be in the same position as the Court. The new appeal lawyer has not prejudged your case or the issues. So, the Court of Appeals and the appeal lawyer will be in the same frame of mind about the issues. Both parties start the review with an “objective” look at your case. Because of your trial attorney’s personal involvement, his or her viewpoint will be subjective.