A federal appeal is not a second trial. It is a structured review of what happened in the court below, governed by deadlines that are short, rules that are unforgiving, and standards of review that heavily favor the earlier ruling. By the time most people start looking for appellate counsel, the clock is already running.
This Kirby — Federal Appeals Resource legal guide is written for the person or family trying to figure out what to ask before retaining appellate counsel, and what a well-run appellate practice should explain in the first conversation.
Understand what an appeal can and cannot do
A good appellate intake begins with scope. An appeal generally reviews legal errors and certain procedural issues; it is not a venue for re-arguing facts or introducing new evidence. Counsel should be able to explain the standard of review that applies to your issues and why that matters. If the first call is filled with optimism and no discussion of preservation — whether an issue was raised and ruled on below — that is a warning sign.
Deadlines come first
In federal criminal appeals, the notice of appeal deadline is short, and briefing schedules follow quickly. Before anything else, appellate counsel should confirm the procedural posture: has a notice been filed, has the record been ordered, has the transcript been prepared, and what is the current due date for the opening brief. If you are calling after a deadline has passed, counsel should be candid about what relief may still be available and how difficult it is to obtain.
What to bring to the conversation
- The judgment and any post-trial orders
- The docket sheet and any scheduling orders
- Trial counsel's contact information and any correspondence about issues raised
- Any preserved objections, proffers, or motions in limine
- Sentencing materials, including the presentence report if you have it
Questions a serious appellate firm will welcome
Ask who will write the brief. Ask how the firm approaches issue selection, since a strong appeal is usually built on a small number of well-developed arguments rather than a long list of weak ones. Ask about oral argument experience and about the firm's familiarity with the relevant circuit. Ask what the fee structure covers and whether it includes any post-appeal work such as a petition for rehearing or certiorari.
You should also expect a frank discussion of odds. Appellate relief is statistically uncommon, and a firm that respects its clients will say so while still explaining where the genuine issues lie.
If you want a model for how legal guidance should read — plain, structured, and centered on the reader's real questions — this plain-language guide to the first call is worth a look before you pick up the phone.
Take the call seriously
Appellate work is specialized, and the margin for error is thin. Choose counsel who can explain the process clearly, tell you honestly what the record supports, and move quickly on the deadlines that govern your case.