Q: What happens if appellant attorney notifies my trial attorney of appeal, but I will be representing myself?
This is about arrears. The appellant attorney notified my trial attorney of the appeal, but he doesn't do appeals. My trial attorney sent an email to the appellant attorney telling him that he is not representing me in appeal, but nothing has been done to correct the record in front of the court. How is it that the court establishes communication with me and not with my trial attorney? I know that it is the responsibility of appellant attorney to notify the parties, but so far, he went to notify an attorney that is no longer representing me and has not done anything to tell the court of his error.
A:
The attorney for the Appellant is required to notify the Appellee's trial counsel when an appeal is filed. The Appellee's trial counsel has a duty to notify the Appellee. The attorney for the Appellant cannot usually communicate directly with the Appellee.
If the Appellee intends to hire another attorney for the appeal, or to represent himself, the Appellee's trial counsel must file a nonrepresentation notice in accordance with Rule 6.4 of the Texas Rules of Appellate Procedure. A pro se Appellee will want to file with the appellate court a notice stating their name, address, telephone number, and email address. Only then can the attorney for the Appellant communicate directly with you.
You will want to sign up for efiling at https://www.efiletexas.gov/ Although not required for a pro se litigant (unless by local rule of the court), it is definitely the quickest, cheapest, and easiest way to file anything with an appellate court in Texas.
A pro se appellee is required to abide by the Texas Rules of Appellate Procedure and any orders of the court of appeals in the same manner that an attorney would be obliged to. As with your trial lawyer, many experienced trial attorneys defer to another attorney with particular experience in appellate law to assist in any appeals that may arise in their cases. One abbreviation of the Texas Rules of Appellate Procedure is "TRAPs", and for good reason. A person who is not knowledgeable or experienced in appellate law runs a real risk that a "TRAP" will delay, derail, or cause a great deal of grief to an unwary appellant or appellee.
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