The answer is almost always yes. And here’s why.
For legal issues at trial, it is not always necessary to provide extensive case law in support of an argument (although it is certainly advisable to do so). At the trial level, a party usually just needs to make their request or objection in a timely manner and clearly state the specific grounds for it. [xviii] For legal issues on appeal, all of your claims must be supported by citations to the record of the case, argument, and legal authority. [xix] This requires detailed, precise, and reflective work on even the simplest of appellate issues.
One of the biggest reasons why it is advisable to have the help of an experienced appellate attorney on a direct appeal is that every person who represents themselves on appeal (often called a “pro se” litigant or appellant) is held to exactly the same standard as an attorney would be when it comes to presenting his or her case on appeal. [xx]
Even something as basic as a mistake in the process of putting together the record of what happened at trial can become, of itself, a reason for a party to lose on appeal. [xxi] Another area that can be difficult for someone who is not an attorney is identifying which claims can and can’t be raised on appeal. [xxii] And, even if an unrepresented person puts together the record of proceedings they need and correctly identifies the proper issues, he or she may still lose the appeal if the arguments that they put together are not properly supported by the applicable legal authorities – citations to applicable statutes, court rules, constitutional provisions, and case law. [xxiii]
As one final matter, the time it takes to “perfect” an appeal—with all the preparation and effort involved in making a solid legal case—may itself be a strong reason to rely on an experienced lawyer who has the skills and knowledge to litigate the appeal in an efficient, effective way.