Appellate Practice Lawyer in Cambridge and Andover MA
Attorneys Peter Malaguti and Kurt Olson both have extensive research and writing skills; they’ve developed these skills over a total of fifty-five years of practice in both state and federal courts. Additionally, prior to obtaining her license to practice almost ten years ago, Monique Olson served several Boston firms as a paralegal for more than twenty years. Many of the cases included appellate components, and she worked extensively with the lawyers on these cases.
Appellate practice requires lawyers to possess a different skill set and to recognize the importance of planning for various contingencies. While pretrial litigation and trial work both involve establishing facts to prove cases, effective appellate work thus requires lawyer to present the issues of law to a panel of judges rather than to a jury or a judge in a bench trial.
To successfully craft a persuasive appellate brief, effective advocates must painstakingly research the issues to be raised, formulate the legal issues based on both rule making and policy considerations underlying legal rules, and then expounds the facts and concisely raises the issues and arguments which are ripe for appeal.
Countless volumes have been written on the importance of appellate advocacy; the authors typically possess the skills and experience necessary to convey the undeniable importance of persuasive brief writing. First, unlike trial courts where written work is not fully appreciated by a single judge, panels of judges read and critically evaluate appellate briefs. Second, panels of judges expect more than a simple revision of arguments presented to trial courts. Third and most importantly, appellate advocacy offers skilled practitioners the opportunity to display creative legal, analytical arguments.
Finally, oral advocacy differs significantly from the trial court, where lawyers interact with third persons. Appellate advocates must be prepared to engage in a conversational dialogue with a panel of judges, all of whom should have probing questions for appellate counsel. Responding appropriately to judges’ questions assumes undeniable importance because appellate judges quickly lose patience with counsel who attempt to dissemble or deflect legitimate questions. Judges on appellate panels expect thoughtful, thorough, and straightforward answers to their serious questions about the merits of clients’ causes.
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