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Getting a Second Opinion on a Federal Appeal

March 21, 2024 Uncategorized

Why Get a Second Opinion?

There’s a few good reasons to get a second opinion on a federal appeal:

  • Your trial lawyer might have missed something. They’re human after all.
  • A fresh set of eyes could spot issues or arguments your trial lawyer didn’t think of.
  • Appeals are a whole different ball game than trials. An experienced appeals lawyer knows the rules and strategies better.
  • If two lawyers think you have a decent shot, you probably do.

Bottom line, a second opinion gives you more confidence in your appeal strategy. And confidence is so important heading into the appeals court. You don’t want to go in unsure or second-guessing yourself.

How to Get a Good Second Opinion

Not just any lawyer will do for a second opinion on a federal appeal. Here’s what to look for:

  • Find a lawyer who specializes in federal criminal appeals, not just any appellate lawyer. The federal appeals process is unique.
  • Look for someone with plenty of experience handling federal appeals – at least 5-10 years.
  • Make sure they have argued before the federal Circuit Court you’re appealing to. Familiarity with the judges helps.
  • Find someone you’re comfortable with. You’ll be working closely so trust your gut.

Also, be prepared to share the full record from your case – transcripts, motions, rulings, etc. The more info they have, the better the second opinion will be.

Questions to Ask

When meeting with lawyers for a second opinion, ask these key questions:

  • What are the strongest issues and arguments you see for an appeal?
  • Based on the trial record, do you think we have a decent shot on appeal?
  • Which Circuit Court judges would we likely get and what are their tendencies?
  • How many federal appeals have you handled and what were the results?
  • What specific experience do you have with my type of case?

Their answers will help you evaluate whether they really know federal appeals and feel good about your chances.

Getting the Second Opinion

Once you choose a lawyer, they’ll dive into your case record and do a thorough review. This takes time – often weeks or more. They’re looking for:

  • Procedural issues at trial or with your conviction
  • Legal errors by the judge
  • Mistakes by your trial lawyer
  • Important arguments your trial lawyer missed
  • Any constitutional violations
  • New evidence that could help
  • Changes in the law since your trial

Basically, any potential issue or angle for an appeal. When finished, they’ll explain their findings and opinion about your chances. If they think you have a shot, they may offer to handle the appeal or help craft the legal arguments.

Appealing Pro Se

If you can’t afford a lawyer for the whole appeal, you can still get a second opinion and then file pro se. Paying just for the opinion lets you tap into their expertise. Then you can try crafting your own appeal brief using their input.

However, appeals have strict deadlines and complex rules. Handling the whole appeal pro se is really tough. But getting a second opinion gives you direction. Just be sure to learn the right procedures so your brief gets properly filed.

The Bottom Line

Appealing a federal conviction is daunting. But a second opinion from someone who really knows federal appeals can give you confidence. And you want to go into this fight feeling like you have a chance. Because you never know – the second opinion may uncover something that turns the whole case around.

So find the funds for a second opinion if at all possible. It’s worth investing to make sure you have the best shot on appeal. Don’t just rely on your trial lawyer. Get a fresh set of experienced eyes on your case. It could make all the difference.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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