Our Appeals Practice is a full-service practice experienced in the full range of criminal and civil appeals in federal and state courts. We assist litigants and lawyers in their appeals whether they won or lost below, including the initial assessment of the merits of an appeal. Among the matters we handle are:
- Direct appeals to the Massachusetts Appeals Court and the Supreme Judicial Court
- Direct appeals from the federal district courts to the federal appeals courts, including the First Circuit Court of Appeals
- Petitions for Certiorari to the United States Supreme Court
- Habeas Corpus petitions in the federal courts
- New Trial Motions under Rule 30
- Motions to Revise and Revoke Sentence
Attorney Juel will also assist as co-counsel or work behind the scenes, ghostwriting and consulting. He offers outstanding analytical and writing skills – the essential qualities of an appellate lawyer.
What is Appellate Law?
An appeal is the process by which a higher court reviews the decision of a lower court, whether that decision follows a jury’s verdict or a judge’s ruling. Our court systems provide the appellate courts the authority to overturn an erroneous or unconstitutional decision below. Any party who has suffered an adverse decision in the trial court has a right to an appeal. This right applies not just to individuals but to business entities and government agencies as well.
Appellate law focuses primarily on what trial court judgments are appealable, how appeals should be brought before the appellate courts, what standards of review are applicable, what will be required for a reversal or affirmance of the lower court’s decision, and what procedures the parties must follow on appeal. In the criminal realm, appellate law also involves such issues as sentencing challenges, posting and challenging appellate bonds, as well as filing writs of habeas corpus and other post-conviction writs.
Why Hire an Appellate Attorney?
Any lawyer can technically handle appeals. Appellate practice, however, is a specialty requiring unique skills and experience. An appellate lawyer does not always replace the trial lawyer once a case goes to appeal. In fact, trial and appellate lawyers frequently work together as co-counsel on appeal.
An appellate lawyer brings a new point of view to a case, along with specialized skills. The appeals process involves a pure analysis of the law as opposed to the fact-intensive trial stage. And the fight on appeal is largely handled on paper, with the most important skill entailing written argument.
Among the specific areas of expertise an appellate practitioner brings to the case is the ability to hone in on the best issue or issues to raise on appeal. Simply reurging the very same arguments and issues made in the trial court is seldom helpful to the appellate panel reviewing the appeal, and thus is less successful than focusing the court’s resources on the most "winnable" arguments.
Finally, an appellate attorney is specially skilled in the various procedural rules governing the appellate process. The rules governing appellate procedure are complex, and vary from state to federal court. Depending on the court, failure to comply with a rule addressing appendices to appellate briefs, for example, may result in the entire brief being rejected. Close compliance with the applicable appellate rules saves time and resources at a minimum, and can sometimes save an appeal.
