April 27, 2017

Appellate Advocacy

An appeal is a request for relief from a decision of a lower court.  There are specific time frames in which a party has the right to claim an appeal so it is imperative to seek competent legal advice upon receiving an adverse ruling or upon notification that the losing party will be pursuing an appeal.  The appellate process focuses on the written argument.  Some appeals are decided without ever hearing oral arguments from the attorneys.  Consequently, it is important to engage appellate counsel who demonstrates exceptional legal writing skills.

The appellate process in Massachusetts focuses on the written argument.  It is important to engage appellate counsel who demonstrates exceptional legal writing skills.

The appellate process varies significantly from the trial process.  An appeal does not provide a party with another opportunity to present additional testimony or evidence.  Rather, an appeal is an opportunity to correct a legal error in the lower court and it will not accept new evidence.  The appellate record primarily consists of the transcripts of the proceedings, exhibits admitted, lower court (or administrative agency) pleadings, docket entries and the parties’ briefs.

Our attorneys have the knowledge and expertise to handle a variety of civil appeals, in representing appellants and appellees in the Appellate Division of the District Court, Massachusetts Appeals Court and the Supreme Judicial Court.

A sampling of the practice areas of which our attorneys have handled appeals are:

  • divorce and family law
  • trust law
  • fiduciary accounts
  • preliminary injunctions
  • award of appellate counsel fees in partition proceedings
  • substituted judgment
  • easements
  • termination proceedings
  • 209A restraining orders
  • termination of parental rights
  • landlord-tenant disputes.

Our law firm provides appellate representation from filing post-judgment motions in the trial court, single justice appeals, drafting the appellate brief to handling oral argument.  Many of our attorneys served as law clerks, where they worked on perfecting their research and writing skills and now utilize these skills to effectively advocate for the appellate client.

Our appeals attorneys represent clients throughout Massachusetts and in every county of Massachusetts including Norfolk County, Suffolk County, Worcester County, Bristol County, Middlesex County, Plymouth County, Hamden County, Essex County and Barnstable County. Our appellate lawyers represent clients in Massachusetts’ largest communities including the cities of Boston, Worcester, Springfield, Lowell, Cambridge, Brockton, New Bedford, Fall River, Lynn, and Quincy.

Our law offices are located in Franklin, MA and serve the Greater Boston MetroWest region and the neighboring towns of Bellingham, Milford, Upton, Hopedale, Holliston, Medway, Millis, Medfield, Norwood, Walpole, Sharon, Foxborough, Wrentham, Easton, Mansfield, North Attleboro, Norton, Plainville, Raynham, Taunton, Attleboro, Seekonk, Rehoboth, Uxbridge, Whitinsville, and Worcester.