At Dwyer & Collora, LLP, the appeal begins when the client comes in the door. Every case turns on a unique combination of facts and law, and one of the ways we shape fate is by analyzing all available legal theories to make our clients’ legal positions as strong as possible.  This kind of preparation and preservation of legal issues can convince authorities to drop charges, can help to obtain favorable settlements, and most importantly, if all else fails, can turn a lower court defeat into a resounding victory at the highest levels of our court systems. In “a government of laws and not of men,” to use the immortal phrase penned by John Adams, we constantly strive for the most creative and effective advocacy of our clients’ legal rights.

We will assemble a team to deliver outstanding advocacy at every stage of a case where legal issues are important – from pretrial motions to dismiss or for summary judgment, to trial motions for directed verdicts, requests for rulings and jury charges, to briefs on appeal, and requests for discretionary review in the Supreme Judicial Court and the United States Supreme Court.  We have many lawyers who served as law clerks to judges of various courts and have first hand experience with the decision-making practices of those courts. We also have lawyers with decades of experience in handling appeals in state and federal courts. 

Appellate advocacy has been described by a distinguished federal judge as “a specialty all to itself.” (See Silberman, Plain Talk on Appellate Advocacy, 20 Litigation 3 [1994].) The skills needed to brief and argue an appeal before a panel of judges are not the same as those needed to try a case before a jury.  Whether seeking to overturn an adverse outcome or preserve a hard-earned victory, Dwyer & Collora, LLP has the capacity and skills to serve our clients effectively on appeal. 

Because of the growing importance of appellate practice, Dwyer & Collora, LLP is proud that Tom Carey has recently joined the firm as “Of Counsel” to oversee and expand the work of the Appeals Group. Throughout his career as a law teacher, in government service, and as a practitioner, Tom has been recognized as a scholar and one of the preeminent appellate lawyers in the Commonwealth.  He has taught and practiced across a broad spectrum of subject areas, including federal courts, constitutional law, administrative law, equity, civil procedure, criminal law, land use, probate and family law, torts, and commercial law. Tom has taught advocacy skills to students and lawyers alike, offering a seminar in appellate advocacy for nearly twenty years and frequently speaking about appellate advocacy at bar association programs.

The firm also handles appeals referred by other lawyers, and consults on briefs and oral arguments in cases being handled by other firms. And our appellate expertise extends beyond our practice specialties. When handling referrals and consultations, of course, our interest is in winning the case, not your client.
We are confident that Dwyer & Collora, LLP’s Appeals Group is one of the best in the country, uniquely knowledgeable and experienced about the Massachusetts Appeals Court and the Supreme Judicial Court, for state cases, and the First Circuit and United States Supreme Court for federal cases.

Representative Cases:

• Kealy v. City of Lowell. Thirteen year-long employment discrimination case involving multiple appeals, culminating in favorable Appeals Court decision and denial of Further Appellate Review by the Supreme Judicial Court.  Issues of liability for emotional distress, interest on judgment, and retroactivity.
• Won dismissal of $300 million libel and defamation suit against our client, a multi-national Internet service provider.  Decision affirmed by the United States Court of Appeals for the First Circuit.
• Won summary judgment awarding $10.0 million to our client in a federal case of first impression concerning the law governing wire transfers of funds.
• Represented trader accused of fraud involving Chicago Board of Trade. Obtained favorable decision in First Circuit Court of Appeals.