Questions to Ask When Hiring a DC Criminal Appeals Lawyer

1. Do you specialize in criminal appeals?

Not all lawyers handle appeals, so it’s important to find someone with specific experience in criminal appeals rather than a general criminal defense attorney. Ask the lawyer how much of their practice is devoted to criminal appeals versus other areas of law. You want someone who specializes in appeals and regularly practices before the DC Court of Appeals[1].

2. How many criminal appeals have you handled in DC?

Along with specializing in appeals, you want a lawyer who has extensive experience specifically with DC criminal appeals. Ask how many appeals they have worked on in DC over their career, as well as how many they handle in a typical year. Look for someone with dozens if not hundreds of DC appeals under their belt[2].

3. What is your track record with criminal appeals in DC?

A lawyer can talk all day about their experience, but what really matters is their ability to win appeals and get convictions overturned or sentences reduced. Ask about their overall success rate and for examples of past appeals they have won in DC[3]. Beware any lawyer who is evasive or vague about their record.

4. Are you familiar with my judge and prosecutor?

Familiarity with the specific judges and prosecutors involved in your case is a major plus. Ask the lawyer whether they have handled appeals before your judge and faced off against your prosecutor previously. Insider knowledge of their tendencies can be invaluable[4].

5. What are the strongest grounds for my appeal?

A good appellate lawyer will have reviewed your case file and identified the best issues to raise on appeal to have the greatest chance of success. Ask them to explain the strongest angles they see for your appeal based on the specifics of your case[5]. Their initial assessment offers clues to their experience and strategic thinking.

6. What is your strategy for writing a persuasive brief?

The appellate brief is the key document for making arguments in a criminal appeal. Ask the lawyer to walk through their process for writing an effective brief, including their research methods, how they determine which issues to raise, and their writing style[6]. Their strategy should demonstrate a rigorous approach tailored to your case.

7. Have you handled appeals involving similar issues before?

If your appeal involves a specific issue – like an evidentiary ruling or sentencing error – ask whether the lawyer has handled appeals dealing with the same issue. Similar experience bolsters their ability to effectively argue that issue on your behalf.

8. Are you willing to take my case to the U.S. Supreme Court if necessary?

If you lose your appeal at the DC Court of Appeals level, you may have the option to request review by the U.S. Supreme Court. Ask if the lawyer is willing and qualified to handle a Supreme Court petition if it comes to that[3]. Not all appellate lawyers have Supreme Court experience.

9. How much direct involvement will I have with you versus support staff?

You want to know you’ll be working closely with the actual lawyer you hire, not just delegated to junior staff. Ask how much direct face time you’ll have with them versus their support staff. Insist on regular direct access to the lead attorney.

10. What is your fee and what does it include?

The lawyer should be upfront about their fees and billing structure. Get clear specifics on their upfront retainer fee, ongoing hourly rates, and what expenses are included versus billed separately. Confirm what steps of the appeal process are covered in their base fees.

11. Can you provide references from past clients?

Any experienced criminal appeals lawyer should be able to provide references from past clients. Ask for 2-3 references you can contact to ask about their experience working with the lawyer. Speaking to former clients offers valuable insights you can’t glean anywhere else.