Austin, TX family law attorney Tyler Pennington talks about appealing divorce cases in Texas. He mentions that appeals are a very niche area of family law. He handles a significant number of appeals, though he notes it’s not common for most family law attorneys to do so, since appeals don’t arise frequently. He emphasizes that the appellate process is highly technical, and having an attorney who understands deadlines, briefing requirements for the court of appeals, and the legal issues the court reviews is extremely advantageous.

He points out that having experience at trial is also beneficial for an appellate attorney. Preserving errors during trial—ensuring objections are properly stated, maintaining a clean record, and documenting everything accurately—helps the court of appeals make the correct decision.

Finding an experienced appellate attorney is difficult, and he notes that this expertise is a true niche. He has handled many appeals and often collaborates with trial attorneys. Sometimes, trial lawyers consult with him before trial to understand what they should focus on in case the case eventually goes to appeal. He also frequently co-counsels, taking on the appellate side while another attorney handles the trial, to ensure the record is properly preserved and strong arguments can be made on appeal.