Federal appeals operate on a different timeline and a different logic than trial-level defense. If you are considering an appeal — or if you have just received an adverse ruling — the decisions you make in the coming weeks will determine whether your arguments ever get heard. This Kirby — Federal Appeals Resource legal guide covers what to know before you call appellate counsel.
Appeals Are Not Retrials
One of the first things clients learn is that an appeal is not a second chance to argue innocence. Appellate courts review the record for legal errors: incorrect jury instructions, improperly admitted evidence, constitutional violations, or misapplications of law. New evidence rarely changes the outcome. That distinction shapes everything about how appellate counsel evaluates your case.
Deadlines Are Strict
In federal practice, the notice of appeal must be filed within a short window after judgment — often 14 days in criminal cases. Miss it, and the right to appeal can be lost entirely. If you are even considering an appeal, contact counsel immediately rather than waiting to see how you feel about it. The deadline does not pause for deliberation.
Questions Appellate Counsel Will Ask
Your first conversation with an appellate attorney should cover:
- What was the final judgment, and when was it entered?
- What errors were preserved at trial through objections or motions?
- Did trial counsel raise the issues you want to appeal?
- Is there a sentencing issue separate from the conviction?
- Are there post-conviction options in addition to direct appeal?
Preservation matters enormously. Issues not raised at trial are usually reviewed under a much harder standard, and some cannot be raised at all. An appellate lawyer will assess what is actually reviewable.
What to Look For in Appellate Counsel
Appellate work is writing-intensive and research-driven. Look for an attorney who has briefed and argued before the relevant circuit, who can explain the standard of review in plain terms, and who is honest about the odds. If you are still deciding whether to retain counsel at all, this overview of what to know before calling a lawyer is a helpful starting point for framing your questions.
Beyond Direct Appeal
If the direct appeal fails, options may remain: petitions for rehearing, certiorari to the Supreme Court, or collateral attacks under federal habeas statutes. Each has its own deadline and standard. A good appellate attorney will map the full path rather than focusing only on the next filing.
Take the First Step
Gather your judgment, your trial transcript if available, and any prior motions. Then make the call. Federal appeals are won on preparation, precision, and timing — and the clock is already running.