FEDERAL APPEALS & APPELLATE LAW

FEDERAL APPEALS & APPELLATE LAW

APPELLATEThe appellate attorneys at the Federal Practice Group understand the delicacy involved in the federal appeals process. There are many venues in which a federal appeal may be made, including the United States courts of appeal, circuit courts, and the United States Supreme Court. Nearly every legal decision carries with it the possibility of an appeal. Our appellate practice attorneys are skilled litigators who possess a keen ability to identify issues and advocate on your behalf. 

The appellate attorneys at the Federal Practice Group work tirelessly to analyze all aspects of your case to ensure that a decision to appeal is the right one. If we decide to appeal, we will draft an appellate brief informing the court or administrative body of the grounds on which the appeal is being filed. 

Our experienced attorneys will utilize their background knowledge in specialized legal practice areas to prepare you for the appeal process. The attorneys at The Federal Practice Group have successfully represented appellate clients challenging decisions before these various appellate courts and forums:

  • United States Supreme Court
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Armed Forces
  • United States Army Court of Criminal Appeals
  • Navy and Marine Corps Court of Criminal Appeals
  • United States Air Force Court of Criminal Appeals
  • U.S. Equal Employment Opportunity Commission’s Office of Federal Operations
  • U.S. Merit Systems Protection Board

The attorneys at The Federal Practice Group can help you assess whether it makes sense for you, in your particular circumstance to appeal. We understand how frustrating it can be to spend years on a case without resolution, and our attorneys are ready to help weigh the factors when deciding whether or not to appeal. 

THE APPELLATE PROCESS

Although the appellate process can vary depending on the case as well as the court, for the most part, every case follows five crucial steps:

  1. Hiring an Appellate Lawyer: You will want to hire an appellate lawyer even before starting the appeal process. An appellate lawyer will help you with every step of the process and can determine the best time for you to file your appeal. Having a lawyer that specializes in appellate law, in particular, is crucial as trial lawyers may not know all the ins and outs of the appellate process. 
  2. File the Notice of Appeal: While filing your appeal may sound simple, there can be complications that need to be mitigated. A simple error in paperwork can render an appeal useless and this can cause you to miss the deadline. Luckily, an attorney can make sure that everything follows proper procedures. 
  3. Preparing the Record of the Appeal: Since an appeal isn’t a new trial, the courts will only be taking an account of all prior testimonies, evidence, documents, etc. As such, it’s vital that you’ve gathered enough evidence from the initial trial including a transcript of every hearing that took place. 
  4. Research and Draft Your Appeal: Your appellate attorney will help you research and draft your appellate brief which will be presented to the court. In this document, you will explain why your case deserves to be reversed and there generally needs to be a clear and concise argument otherwise your appeal won’t be considered. While the reason(s) for reversal may be clear to you, litigation matters can be complicated, and having an attorney who understands the ins and outs of the law–as well as the necessary legal arguments and language–will ensure your argument is as strong as possible. 
  5. Oral Argument: This is generally the last step of the appellate process and you can think of it as a sort of testimony, but it is usually more casual. Your attorney will be able to speak on your behalf and will answer any questions the courts may have about the case. A good appellate attorney will know how to not only present the right evidence for a strong argument but will do so in a fashion where their oral argument is more of a conversation. The attorney will also be able to answer any of the panel’s questions and since some of these questions can involve hypothetical scenarios, the attorney will need to be able to think on their feet. 

HOW LONG WILL THE APPELLATE PROCESS TAKE?

The entire appellate process may vary and depending upon the circumstances, the court may make its decision in as little as a month. However, some appellate cases may take up to a year or more. An average timeframe is typically six months, but there is no set time limit. Having an expert attorney on your side will ensure that every step is properly taken care of, preventing delays that may be caused by issues such as mishandling. 

CONTACT THE FEDERAL PRACTICE GROUP

The proven attorneys at the Federal Practice Group have over a century of combined experience successfully assisting federal employees, government contractors, and military personnel through the most difficult periods of their lives and careers. All our attorneys are highly qualified and will work with you every step of the way to ensure your appellate case is properly handled. You can call us today or email us at DDAgostino@fedpractice.com or BDavidson@fedpractice.com to schedule a consultation! 


CONTACT THE FEDERAL PRACTICE GROUP

The proven attorneys at the Federal Practice Group have over a century of combined experience successfully assisting federal employees, government contractors, and military personnel through the most difficult periods of their lives and careers.

GET A CONSULTATION