Consultation Services

Maybe I Can Help

If you are a California attorney eligible to practice in California, and you would like some guidance on handling a state felony appeal, I may be able to guide you as a consultant, just as I guided many attorneys during my tenure with the appellate project.

Consultation Services

• Perform a complete review of a copy of the appellate record (provided by you);
• Advise on whether the record is complete, and how to go about getting it completed if needed;
• Prepare a memorandum in which I point out all the potential issues I see, as well as any obstacles I think need to be addressed and potential adverse consequences of proceeding with an appeal. The memorandum will likely provide some stepping stone cases or other authority to point you in the right direction or away from the wrong direction;
• Review drafts of your briefing before filing, and provide any suggestions I may have for improvement on researching the issues and developing (and presenting) the arguments;
• Discuss issues and other problems, or serve as a sounding board for ideas.

Business Model

My business model is to provide guidance to retained counsel. I will not represent the actual clients. I will not respond to non-attorneys seeking my help on appeal. I envision that you will do the research and writing of the briefs and other necessary motions under my guidance. Just as the appellate projects have increased the overall quality of appellate briefing and representation in appointed appeals, I anticipate that my guidance will help you improve your appellate skills.

Of course, if you are already a fairly well established felony appellate attorney, then your main benefit may be that you would have a second set of experienced appellate eyes to run your thoughts by.

Limitations and Disclaimers

I Don’t Do The Clerical Mechanics, Because I Don’t Have That Skill

I will presume that you have sufficient non-attorney support (secretary, paralegal, clerical employee(s), etc.) who can handle (or quickly learn) the mechanics of electronically filing documents in the Court of Appeal and serving them properly. It is not that I consider the work beneath me. Instead, it’s that I know my limitations, and I cannot compete with the skills and knowledge that are the hallmarks of good assistants in conquering the logistics of getting documents filed and served.

You Remain Fully Responsible For Complete Representation Of Your Client

Because I will not be your client’s attorney, you, of course, will be independently and solely responsible for reviewing the entire record on appeal–at least to the extent that your client has retained you, which I presume is to do the entire appeal of the entire judgment. Likewise, you are independently and solely responsible for discovering all issues and doing the necessary legal research to the best of your ability. I am not serving as associate counsel or as a law clerk who does the research and writing for you. I will be your guide, calling on my experience and the criminal law appellate skills I have developed over the decades as I review what you propose to file on behalf of your client. But you are the client’s attorney, not me.

There Are No Guarantees

I cannot guarantee any result, of course. You may win the case with or without my help, or you may lose the case despite or without my help.

You Don’t Have to Search Alone

I offer one-on-one consultations for California criminal defense attorneys, bringing decades of appellate experience to help you search for the opinions you seek.