Appellate Advocacy
The right balance of legal research, critical thinking, clear writing, and persuasive oral argument.
William M. Driscoll
Massachusetts Appeals Attorney
Focused on Appellate Litigation in the
Commonwealth of Massachusetts
Mass. Appeals Court • Mass. Supreme Judicial Court
William Driscoll ia an Massachusetts appeals lawyer whose practice is focused on assisting individuals, businesses, and law firms who find themselves litigating at the appellate level. The state appellate court is composed of an intermediate court, the MA Appeals Court, and the state's highest court, the court of last resort in the Commonwealth of Massachusetts, the MA Supreme Judicial Court (the MA SJC).
Appellate Practice Requires Precision, Timeliness
The stakes on appeal are high. Appellate practice requires strict adherence to the rules of appellate procedure. Attorney Driscoll has tuned his practice to the demands required on appeal; his schedule is specifically adapted to produce a well researched, well documented, well written, and professional looking appellate brief. He dedicates the time and attention required to prepare and present appellate level oral argument. Where and how to proceed is case dependent; effective appellate advocacy is crucial.
Many trial attorneys are unfamiliar with the specialized requirements of the appellate court. They frequently cannot dedicate the uninterrupted time required for detailed appellate research, writing, and oral argument. For this reason, trial lawyers refer appeals to an appeals attorney. When the case returns to the trial court, the appeals lawyer transitions the case back to the trial attorney.
Competent Appellate Advice Saves Time and Money
It is never too early to plan for appeal. Obtaining the advice of Massachusetts Appeals Attorney William Driscoll before, during, or after trial can make a significant difference in the outcome of a case. The earlier Attorney Driscoll becomes involved in the case the greater your options. His services include:
- Review of temporary orders to determine the viability of an interlocutory appeal (proper evaluation weeds out many interlocutory appeals that are doomed to fail);
- Post-trial/pre-appeal advocacy, such as motions to correct the record, findings of fact, etc.; filing a timely, proper Notice of Appeal;
- Appeals Court single justice actions such as seeking to file a late Notice of Appeal; seeking a stay or injunction pending appeal;
- The appeal of a final judgment;
- And of course, cases already entered in the appellate court.
Attorney William Driscoll listens, evaluates your appellate options, and answers your questions.
A Niche Practice Spanning Many Legal Practice Areas
Appellate litigation is a niche practice that spans a wide variety of legal practice areas. Attorney Driscoll limits his appellate practice to the broad category of civil practice areas (i.e., not criminal) and does not usurp the domain of the trial attorney once the appeal is completed. This focus provides clients with an appellate attorney who focuses his specific talents and energy on their appeal.
Free Telephone Consultation (978) 846 - 5184
News and Information
- Notice of Appeal: The Critical First Step to Pursuing Appeal
- Swistak v. Stelmokas: Ninety seconds after a grandmother learned of a stepparent adoption the trial court sua sponte terminated the grandmother's visitation rights. This was a clear violation of the grandparent's fundamental right to due process and of Mass. Gen. Laws ch. 119, § 39D. As a result, and due to the history of the case, the matter was returned to the trial court for assignment to a new judge in the underlying modification action. For more, see the Massachusetts Lawyers Weekly article and the MA Appeals Court decision.
- Creer v. Creer: MA Appeals Court to answer whether an agreement to share college costs at the time of divorce is binding on the parents at college graduation without the need to pursue legal action for non-contribution in the interim. Did the trial court err by dismissing action under the child support enforcement statute, thereby forcing recovery under the court's general equity power -- where the parent recovered nothing?