Attorney Carey specializes in appellate practice and procedure, everything from the earliest steps in taking an appeal, assembling a record and appendix, and docketing the case in an appellate court, to the writing of briefs and oral argument. If necessary or appropriate, this may include seeking or opposing further appellate review, including review by the United States Supreme Court if available.
Tom also makes his services available to other lawyers and their clients, either as co-counsel or in a purely advisory capacity. He works closely with other lawyers, assisting in brief writing and in preparing for oral argument, and enabling them to select and prepare their best possible arguments for success on appeal. Whether Tom becomes involved in a case before or after it is decided in the trial court, his goal is to help win the appeal for the client. Since appeals are his specialty, he has no interest in any other business counsel might handle for the client.
A fresh set of eyes can be invaluable in reviewing a draft appellate brief for both substance and form. Moreover, although the briefs predominate in today’s appellate world, oral argument can still be a critical factor in success or failure on appeal. Moot argument sessions are extremely useful in anticipating potential questions from the bench and fashioning persuasive answers to them, as well as in probing the adequacy of the briefs. The opportunity to have a moot argument before experienced practitioners and judges can also disclose previously unrealized lack of clarity in counsel’s brief.
Tom and Chris have undertaken such advisory roles on many occasions.
When to Bring in an Appellate Specialist
Although the disposition of an appeal usually takes place at the end of a litigated case, appeals can be won or lost based on how the case was handled in the trial court. Thus, early planning for a possible appeal can greatly increase the chances of ultimate success. For this reason, it is often helpful if trial counsel brings an appellate lawyer on board for consultation and collaboration during the preparation and trial of a case. This is especially true with respect to dispositive legal motions such as Motions to Dismiss and Summary Judgment because appellate courts seldom permit new legal theories to be inserted into a case for the first time during the appeal. If taking or opposing an appeal from a final judgment or interlocutory order becomes necessary, the collaboration can continue on appeal.