July 18, 2018 – Appealing to the Seventh Circuit?

Don Wall, senior staff attorney to the Seventh Circuit Court of Appeals, has some words of advice.

“The court of appeals is picky regarding compliance with its rules,” says Wall. “Some judges may be more forgiving than others. You need to be concerned about the latter group in practicing in the Seventh Circuit. In short, you need to comply with all rules as you do not know which judges will be assigned to your case.”

You’ll find practice tips, explanations of the appellate rules, and more in the Attorney’s Guide to the Seventh Circuit Court of Appeals from State Bar of Wisconsin PINNACLE® – an irreplaceable part of your legal arsenal, whether you’re preparing for your first appeal or your fiftieth.

Newly revised for 2018, the Attorney’s Guide walks you through the process of appealing to the Seventh Circuit – making it a must read for all attorneys practicing in the Seventh Circuit, says Wall, one of the authors of the Attorney’s Guide.

Practice Tips and Advice

Wall offers these practice tips to get you started:

• Most, if not all, attorneys know that papers are electronically filed in the court. Some attorneys, however, do not set up electronic case filing (ECF) accounts in advance. They should do so. (Chapter 4, Section 4.52)

• Attorneys must remember to file a Disclosure Statement at the beginning of the appeal – the sooner the better. And they must update the statement after any change. (Chapter 4, Section 4.34)

• If an attorney is not admitted to the bar of the Seventh Circuit, he or she must seek admittance right away. Do not wait to do so. (Chapter 4, Section 4.33.)

• Attorneys must follow the format requirements for filing briefs. For example, sections must be in proper order and all sections must be included. (Chapter 12, Sections 12.15–12.29)

• The judges pay particular attention to the Jurisdictional Statement section of the brief. Take the time to ensure that it is complete and correct. Read Circuit Rule 28(a) and (b) thoroughly and include all the information it requires to establish the basis of jurisdiction in both the district court and the court of appeals. Make certain all the dates are correct and there are no typos. (Chapter 12, Section12.20)

• Federal judges are generalists. The use of specialized vocabulary or jargon and acronyms may make the brief difficult to understand. Clarity, simplicity, and brevity should be the goals. A good practice is to have a colleague (who is unfamiliar with the case or the specialized legal area) read the brief before submission. (Chapter 12, Sections 12.2, 12.3)

• As to oral argument, preparation and practice are paramount. Practicing the argument before other attorneys, especially ones not familiar with the case, is helpful. (Chapter 14, Section 14.5)

• Counsel should never interrupt or talk over a judge while he or she is asking a question. And, just as important, counsel should answer judges’ questions directly and, when appropriate, candidly admit not knowing the answer. (Chapter 14, Section 14.8)

In addition to these practice tips (and more), the Attorney’s Guide discusses substantive issues, such as direct criminal appeals, habeas corpus, in forma pauperis appeals, judicial review of administrative decisions, motion practice, proceedings after the argument, and damages.

You’ll always know what to do next with the step-by-step guidance of experienced practitioners and court personnel. You’ll also be forewarned of known pitfalls – especially useful when you’re new to an area of law.

How to Order

The Attorney’s Guide to the Seventh Circuit Court of Appeals is available in both print and online via Books UnBound^®, the State Bar’s interactive online library. The print book costs $179 for members and $229 for nonmembers. Electronic forms from the book are available online to print book owners and to Books UnBound subscribers.

Subscribers to the State Bar’s automatic supplementation service will receive future updates at a discount off the regular price. Annual subscriptions to Books UnBound start at $159 per title (single-user price, call for full-library and law-firm pricing).

For more information or to place an order, visit WisBar’s Marketplace, or call the State Bar at (800) 728-7788 or (608) 257-3838.