What Really Happens During an Appeal (and How It Can Reverse a Case)

Episode Summary

In this episode of Strategic Justice in Action, David Senoff breaks down the appeal process and explains why it is completely different from a trial. With nearly three decades of experience in appellate advocacy, David shares how appeals work, when to involve appellate counsel, and how an appeal can even change the outcome of a case.

What You’ll Learn in This Episode

• The key differences between a trial and an appeal
  
  
• Why cases are commonly appealed
  
  
• When to bring in appellate counsel for the best results
  
  
• How briefs and oral arguments shape appellate outcomes
  
  
• The importance of clarity, precision, and timing in appeals
  
  
• How appeals can impact not only a single case but future legal interpretations
  
  

Key Timestamps

00:45 – How appeals differ from trials
02:30 – Why cases are appealed
04:50 – The right time to bring in appellate counsel
06:10 – What makes an appellate brief persuasive
08:40 – The role of oral arguments in appeals
11:25 – How appellate rulings shape future legal interpretations
13:50 – A real case example that went to the Pennsylvania Supreme Court
15:30 – Avoiding waiver traps in appellate procedure
17:45 – Final thoughts on safeguarding appellate issues

Show Description

Appeals are not just “trials on paper.” They require a completely different strategy, focus, and skill set. In this episode, David Senoff explains how appeals work, why they matter, and how they can sometimes change not only the result of a case but the direction of the law itself.