APPELLATE REPRESENTATION

Appeals Attorney

An appeal is not simply a second trial.

Appellate matters require careful examination of the trial court record, preserved legal issues, rulings, applicable standards of review, procedural requirements, and governing law.

Shannon Frison provides strategic appellate representation in select serious criminal and civil matters involving complex records and significant legal issues.

As a retired Massachusetts Superior Court Judge and experienced trial attorney, Shannon brings judicial and courtroom perspective to the evaluation and presentation of appellate issues.

Effective appellate advocacy begins with identifying the issues the appellate court may properly review and developing arguments grounded in the record and applicable law.

Appeals Are Different From Trials

An appellate court generally reviews issues arising from proceedings in a lower court rather than conducting the case again from the beginning.

The appellate process may involve examination of the existing record, legal rulings, preserved objections, written submissions, applicable standards of review, and other procedural considerations.

The issues available for appellate review depend on the particular case, jurisdiction, procedural history, and applicable law.

An unfavorable outcome alone does not establish grounds for appellate relief.

Preservation & Appellate Review

Whether an appellate court can review a particular issue may depend on how that issue arose and whether it was properly preserved in the proceedings below.

Important considerations may include:

  • Whether an objection was made
  • How an issue was presented to the trial court
  • What ruling the court made
  • Whether the issue appears in the record
  • Applicable preservation rules
  • Applicable standards of review
  • Procedural posture
  • Jurisdiction

Preservation rules and exceptions vary depending on the issue and applicable law.

Appellate Deadlines Can Be Critical

Appeals are subject to procedural rules and filing deadlines that can affect appellate rights.

The applicable deadline may depend on the jurisdiction, type of case, judgment or order involved, procedural history, and other circumstances.

Oral Argument

In matters where oral argument occurs, appellate counsel may be required to address questions from the court concerning the record, governing law, procedural history, standards of review, and requested relief.

Preparation may involve:

  • Anticipating judicial questions
  • Mastering the record
  • Understanding relevant precedent
  • Identifying strengths and vulnerabilities in the arguments
  • Responding directly to the court's concerns
  • Explaining the requested legal relief

Whether oral argument occurs and how it is conducted depends on the court and applicable procedures.

Considering an Appeal?

If you are considering an appeal or need representation in a serious appellate matter, contact Shannon Frison to discuss the record, procedural posture, legal issues, and available options.

Available for select state and federal matters. Representation outside Massachusetts is evaluated based on the matter and applicable jurisdictional requirements.


The information on this website is provided for general informational purposes and does not constitute legal advice. Viewing this website or contacting Shannon Frison does not by itself create an attorney-client relationship. Past results do not guarantee future outcomes. Each matter is different and depends on its specific facts, evidence, procedural circumstances, and applicable law.