This one-hour initial consultation involves a review of the judgment or order on appeal and a telephone conference to discuss potential appellate issues and timing. This consultation will not result in a formal assessment of the likelihood of success on appeal. The flat fee for a standard initial consultation is $500, though if you engage me for a case evaluation or full representation, this fee will be credited against any subsequent fee.
A case evaluation involves at least a full day of review of the record, drafting a memorandum summarizing the appellate issues and arguments, and a telephone consultation. The standard fee for a case evaluation is $5,000, though the fee may vary depending on the complexity of the appellate issues and the size of the appellate record. We would not enter into an agreement on the amount of the case evaluation fee until you have gathered and provided all of the necessary documents, including the judgment(s) or orders(s) to be appealed, the complete trial court docket, the transcript and exhibits from the trial court (if any), and the relevant pleadings, pre-trial memoranda, and post-trial memoranda.
I am available to represent clients in the appeals court and handle all briefing and oral argument. Appellate representation is a substantial undertaking that draws upon highly specialized expertise and requires extensive review of the record, legal research, drafting, editing, and preparation for argument. In addition, the Appellant's counsel has additional procedural obligations that the Appellee's counsel does not have.
The retainer required for each representation will vary depending on the nature and complexity of the case, the size of the appellate record, and whether the client is the Appellant (the party bringing the appeal) or the Appellee. The retainer will cover not just the fee for my legal services but also various costs associated with the appeal. For example, the Appellant must bear the cost of producing the transcript, which easily runs into the thousands of dollars depending on the length of the trial below. There may also be scanning or copying costs, courier or postage costs, and other miscellaneous costs depending on the representation.
I am also available to consult with attorneys and advise on or assist with the drafting of pre-trial and post-trial motions in order to best position your client for a potential appeal or seek post-trial relief in the trial court. I do not enter my own appearance in the trial court in such matters. My hourly fee for in such matters is $500.
Working with an appellate specialist can be beneficial for clients and trial attorneys for several reasons.
First, the rules of appellate procedure are often unfamiliar and unforgiving. An appellate specialist is familiar with the procedural and timing requirements that, if violated, can doom an appeal before it even begins.
Second, appellate courts are receptive to different types of legal and factual arguments than trial courts. An appellate specialist can offer a fresh look and will be familiar with the mindset that the appellate judges will bring to their evaluation of the case.
Finally, appellate practice involves a very different skill set than trial practice, so engaging an appellate specialist allows trial counsel to spend more time on the area of practice in which they are already experts.
Information contained in this web site may be considered advertising under the Rules of the Supreme Judicial Court of Massachusetts. Nothing on this website should be construed as legal advice or legal opinion on any specific matter. The purpose of this site is to provide general information, and this site does not give rise to an attorney-client relationship.