You can use the same attorney for your appeal that represented you at trial. As a practical matter, however, many defendants may not be pleased with their trial lawyer after they have been found guilty and will seek new counsel for their appeals process.nnEven if you intend to retain new counsel for your appeal, you should immediately request in writing that your trial attorney file your Notice of Appeal on your behalf – with some exceptions, you only have ten days from the date of conviction to file your Notice of Appeal.