An appeal of a Trial Court decision is made in the appellate court. Legal disputes begin, and usually end, in the Trial Court. However, when one or more of the parties to a legal dispute contests a temporary order (via an interlocutory appeal) or a final judgment then the matter moves from the Trial Court to the appellate court.

If your case is in the local State system then there the appellate court is composed of two levels. The intermediate appellate court is the Appeals Court. The Appeals Court is the entry court of most appeals. The highest State court is the Supreme Judicial Court (commonly referred to as "the SJC"). The SJC accepts appeals that are mandated by statute or elected by the Justices. The SJC also oversees the State court system. Both courts are located in Boston.

If your case is in the local federal system, the U.S. District Court for the District of Massachusetts, then the appellate court is the U.S. Court of Appeals for the First Circuit which is located in Boston.

You must file a timely Notice of Appeal! What constitutes a "timely appeal" depends on various factors. Please contact Attorney Driscoll for a consultation to learn more.

Many trial attorneys do not handle appeals. The reason for this is discussed in Why hire an appeals lawyer? Many trial attorneys are simply too busy with their trial court caseload to properly handle an appeal.

Consider the following two questions:

• Is your trial lawyer familiar with the rules and practices in the appellate courts?
• Is your trial lawyer prepared to set aside the extended periods of uninterrupted time required for the extensive legal research and appellate level writing required to produce a professional quality appellate brief?

The stakes increase significantly after the Trial Court has decided a case. The level of legal analysis, legal writing, and oral presentation required at the appellate level is profoundly intensified. Appellate rules and procedure are very different for that of the Trial Court. Proceeding alone is a poor decision.

No. I again refer to, Why hire an appeals lawyer? The purpose, form, and style of writing for the Trial Court is profoundly different from that of the appellate court. The Trial Court is charged with determining the facts and applying the law to those facts. On appeal there is no new evidence, no discovery. An appeal is not a second chance at a trial. An appeal is about challenging the law, how the law is applied, and whether the Trial Court abused its discretion in determining the facts or applying the law.

I again refer to, Why hire an appeals lawyer?An appeals lawyer is familiar with the specialized rules of the appellate court, competent in appellate level research and writing, and can schedule large blocks of uninterrupted time for preparation.

As early in the process as possible. Some trial attorneys consult with an appeals lawyer for substantial legal research and writing projects, in preparation for trial, or to assist at trial to ensure that important issues are preserved for appeal. Often an appeals lawyer is not contacted until after the Trial Court judgment is issued. In those cases, there is a limited period of time in which to file a Notice of Appeal. Whether you seek to challenge or defend the judgment, you will want to hire competent appellate counsel immediately.

No, that is not a viable measure of performance. Whether a case is won or lost depends upon many factors, including the law, the facts of the case, and most importantly whether the attorney represents the appealing or defending party. An appeals attorney's win/loss record may reflect more about the types of cases and clients they undertake rather than their effectiveness.

Yes. Sometimes the filing of an appeal, a brief deadline, or oral argument creates incentive for settlement.

Cost is divided into two categories, legal fees and "costs" (i.e., transcription costs, filing fees, out-of-pocket expenses, etc.). Cost depends on several factors. Some of those factors are:

• A great deal of time and effort is invested in analyzing the transcript. The length of the trial determines the length of the transcript.
• Are you challenging or defending a judgment of the Trial Court?
• Is there a cross-appeal?
• What are the number and complexity of the issues on appeal?
• Will either party to the appeal be seeking direct appellate review to the Supreme Judicial Court?
• Will oral argument be scheduled?
• If dissatisfied, will either party be seeking further appellate services (e.g., rehearing or further appellate review)?

Please contact Attorney Driscoll for a consultation to learn more.

Doing so is ill advised and does not save you money. Brief writing takes time. Professional quality work requires attention to detail, analysis of the trial transcript, careful research, and persuasive writing according to the rules of appellate procedure. These tasks cannot be rushed. Although an extension of time may be allowed by the appellate court, it is not guaranteed.

As a niche practice solo appeals lawyer, my appellate practice is my business. You deal directly with me and my overhead is lower. I am committed to appeals work and I offer increased personal attention at a more affordable rate.

Yes. Appellate courts are precise and unforgiving. For example, there are rules regarding exacting time periods and extensive minutia regarding written briefs (e.g., how printed, bound, the color of their covers, their length, contents, and font). Technical errors, forgiven in the Trial Court, may cancel your right to participate in the appeal.

The record on appeal consists of the original papers and exhibits on file in the Trial Court, the transcript of proceeding(s) being appealed, if any, and a copy of the docket entries prepared by the clerk of the lower court. These items form the foundation for the appeal, not the myriad of other facts that were discovered during pretrial preparation or argued at other hearings.

Rarely does an appellate court consider an issue that was not properly presented to the Trial Court. Failing to timely object, to provide an offer of proof, or to otherwise preserve the issue for for appellate review can prove fatal. This is one reason why trial counsel may consult with an appeals lawyer prior to or during trial.

The standard of review is the lens through which the appellate court views issues in your case. The likelihood of success on appeal will depend upon the standard of review applied to each issue raised on appeal.

• Pure issues of law are subject to broad review by the appellate court under the category of "de novo review." In other words, if the Trial Court judge made an error in applying the law then the appellate court will make a decision as if it were considering the issue for the first time.
• On the other hand, factual issues disputed at trial and discretionary rulings of the trial court are reviewed under the narrower standard of "clearly erroneous." In other words, the Trial Court will not be reversed unless the decision is based on a plainly erroneous understanding of the facts.
• Another discretionary standard of review is that of "arbitrary and capricious." Under the arbitrary and capricious standard, a finding of a Trial Court will not be disturbed unless it has no reasonable basis.
• Also important to consider is whether an issue is "prejudicial" verses "harmless error." Having a strong case on an issue providing harmless error to the ultimate judgment is like losing a game by one point - it was a closer match but you still lose.

An appeals attorney is versed in such matters and reviews cases for issues preserved for appeal and the associated standard of review for each issue. In some cases, the standard of review may largely determine the outcome of an appeal.

Yes. The party challenging the Trial Court's decision must persuade the appellate court that meaningful error occurred rendering part or all of the decision wrong. At that point the party defending the Trial Court's decision must rebut such allegations. Ultimately, appeals are about the law in general as it applies to the facts of one case. Do the facts of your case call for a divergence from established law or a new rule of law on the subject? The law is continuously evolving; your case may be one setting new precedent.

Oral argument is a chance for a panel of appellate court justices to interrogate each attorney on matters of concern before ruling. Depending upon the issues presented, the facts of the case, and the state of existing law, one or more members of the panel may request oral argument. Appellate courts are concerned about precedent within the present body of law, as well as justice in your case.

Oral argument is discretionary on the part of the appellate court; there is no right to oral argument. If oral argument is scheduled then fifteen minutes is allotted to each attorney. Unlike in the Trial Court, the appellate attorney does not control the conversation - the bench does. Hence, preparation for oral argument is extensive. Each potential question must be considered in advance and placed into the context of your case as well as into the broader context of the law.

Appeals that are not scheduled for oral argument are decided on the written briefs.

No. Oral argument is purely an opportunity for the appellate court to have a challenging, formal conversation with appellate counsel under pressure of time. Unlike a hearing at in the Trial Court you not do not sit or stand with your appeals lawyer at oral argument. If you do attend then you will sit in the general seating area. If you do not attend then any chance of a negotiated agreement is severely diminished.

Generally the appellate court will either affirm, reverse, or remand the judgment of the Trial Court. The appellate court may issue multiple orders such as to affirm in part, reverse in part, or remand in part for further consideration.

• If the court "affirms" the judgment of the lower court then it remains unaltered, as if the appeal never occurred.
• If the court "reversed" the judgment of the lower court then the judgment is undone.
• If the court "remands" the case then it sends it back to the lower court for action of some kind.

That depends upon the ruling of the appellate court. There may be some action needed in the Trial Court. If you are dissatisfied with the decision of the appellate court then you may appeal the case further. For example, if your case was heard in the Appeals Court then you may petition to have your case reheard in the Supreme Judicial Court.

The judgment of the appellate court is either reported or unreported. Both types of judgments resolve the case in that court. The difference is whether the judgment is "reported," publish in the official record of the court, or "unreported," no so published. Reported cases are "case law" that shape the direction of the law.

Generally, about one year. It depends upon a number of factors as each appeal and subject matter are different. Please contact Attorney Driscoll for a consultation to learn more.