ABA Family Legal Guide

Criminal Justice

Court Procedures

Appeals of Criminal Cases

Will the same lawyer who represented me at trial also handle my appeal?

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