How to Choose the Right Appellate Lawyer | What's The Appeal?

One of the most important—and often overlooked—aspects of the criminal justice process: how to choose the right appellate lawyer. Over the years, especially as I’ve shifted my practice even more toward appellate work since COVID, I’ve seen firsthand how critical it is to have someone by your side who knows the ins and outs of appeals, post-conviction rights, and all the potential pitfalls along the appellate ladder.Just hiring any lawyer for your appeal isn’t enough. I’ll walk you through the so-called “appellate ladder,” and explain how missing a single step—like forgetting to object at trial or failing to properly raise federal issues—can shut you out of federal court review down the line. I’ve run into these issues myself while representing clients in federal habeas corpus cases, which is why I’m passionate about making sure you know what to look for and what questions to ask when interviewing appellate lawyers.I’ll also give you real-world advice: what to ask your lawyer, why it’s crucial to plan several moves ahead, and how failing to build your case the right way from the start can leave you without options when it matters most.If you’re facing an appeal, or just want to better understand this complex process, you’ll find this episode essential. And as always, if you have any questions or want me to cover a specific topic about appeals—federal, state, or otherwise—head over to LawyerTalkPodcast.com and let me know!Here are three key takeaways for anyone considering appellate counsel:Look for True Appellate ExperienceNot all lawyers are familiar with the unique nuances and pitfalls of the appellate process. You need someone who understands the “appellate ladder” and what it takes to preserve issues at every stage.Ask about Federal IssuesYour appellate lawyer must know how to frame your objections as federal constitutional issues—not just state law issues—if you ever want your case considered in federal court (habeas corpus). Missing this step can completely close the door on federal review.Always Be Thinking Several Moves AheadAppeals are like chess. The best lawyers anticipate possible outcomes at every step and ensure all arguments are preserved for future appeals—even if those seem remote.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2026 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com