APPELLATE CONSULTING

Advice from a seasoned specialist

John Derrick provides lawyers handling appeals with advice from a seasoned appellate specialist. And he offers parties independent advice on whether to pursue an appeal or what expect from one filed by the other side.

Scope of appellate consultations

Some consultations focus on issues that need to be addressed at the outset. Some deal with ones where advice is needed later on. And some continue throughout the course of an entire appeal. Common topics include:

Whether it makes sense to bring an appeal.
How/whether to perfect an appeal while a case is still in the trial court.
Whether something is actually appealable.
Whether it should be pursued by a writ petition instead.
Whether an appeal filed by an opposing party is timely.
Record designation and preparation.
Stays and enforcement during an appeal.
Deadlines and extensions at the appellate court.
Appellate motion practice.
Issue selection.
Standards of appellate review.
Scope and limits of appellate review.
Preparation of appellate briefs.
Appellate sanctions.
Oral argument.
Options after the appellate opinion, including petitions for rehearing and petitions for review at the California Supreme Court.

Ongoing consultations can also involving brainstorming substantive issues. John can play the role of devil’s advocate, looking at a case from the other side’s perspective, to help focus and sharpen counter-arguments.

Consultations can involve reviewing draft briefs, although John generally does not get involved in line editing or taking a draft and turning it into a final product (and the content of a brief is always, ultimately, the responsibility of the lawyer signing it).

John consults in cases throughout California. Most of his background as an appellate lawyer is in state court. But he has also successfully handled federal cases in the Ninth Circuit.

Meetings often take place over Zoom. As a consultant, John does not become an attorney of record, even when his role extends throughout the duration of an appeal. His involvement is “behind the scenes.”