FAQ - Frequently Asked Questions

Appellate Briefs and Trial Motions For Law Firms

1. Who do you write appeals and trial briefs for—and who typically calls you?

This service is for lawyers and law firms: I provide freelance / independent contractor / outsourced legal writing (appeals, briefs, complex trial motions) for lawyers nationwide. The service is not for the general public.

The lawyers and law firms that call me are usually small firms, solo practitioners, boutique litigation firms, and boutique commercial or transactional firms that have a litigation briefing matter. I work with lawyers representing both plaintiffs and defendants. At times, mid-size and large firms call me to handle rush or overflow briefing matters, or to assist on a briefing team.

2. Do you have both Testimonials and Repeat Business?

Yes. Some recent examples:

“Stellar.” — Partner, Los Angeles boutique litigation firm, repeat work.

“You’re like the MVP who helps get us to the playoffs every time.” — Founder, LA boutique commercial firm, repeat work since 2019.

“Excellent work and very cool to work with.” — Partner / Founder, Los Angeles boutique litigation firm, repeat work since 2018.

“Adam is a serious All-Star.”— Partner, Atlanta-based litigation firm, referred by one of the above attorneys; repeat work.

“I keep calling you and using your briefs with virtually no changes, what higher compliment is there?”— Senior Partner, San Francisco complex litigation and class action firm. Multiple pre-trial, trial, and appellate briefs during three-year class action 2020-2022.

3. What does it cost?—What is your pricing?

Your choice—a negotiable hourly rate ($245) or negotiable flat fees / caps. Some examples of flat fee caps / estimates if billed by hour:

• Appellate opening or response brief: $12,500
• Motion for summary judgment or MSJ opposition: $12,500
• Motion to dismiss or demurrer: $5,500
• Daubert / highly complex trial motions: $6,750
• Reply briefs: $3,250
• Petition for rehearing or rehearing en banc: $3,750

 No extra charges, no Westlaw charges. When hourly, unless you prefer otherwise, I bill in tenths of an hour with billing descriptions.

4. When is payment due—and how do I pay?

There is no retainer, deposit, or money up front. I do not invoice you until after you have the deliverable and you have approved it.

5. How can I reach you during the work—Are you available by cell phone?

We can be in as little or as much contact as you prefer. I’m available just about any time that fits your needs by my direct cell – 207-699-9957 – and by email – adam.daley.wilson@gmail.com. I do not have any “chatbots” or gatekeepers. I do all the work myself, I get the work done on schedule, and I am always available for communication.

6. What’s the range of services that you offer?

In addition to drafting appellate briefs and briefs for trial motions, I also help as a sounding board / case consultant:

Appellate Briefs and Briefs In Support of Major / Dispositive Trial Motions

• Appellate opening briefs and response briefs (Appellant / Appellee)
• Motions for summary judgment and MSJ oppositions
• Motions to dismiss / demurrers and MTD oppositions
• Daubert, expert, SLAPP, major motions in limine, and similar complex motions
• Oppositions to petitions for writs of certiorari (SCOTUS)

Replies & Post-Trial

• Reply briefs (appellate, MSJ, MTD, etc.)
• Petitions for rehearing or rehearing en banc
• Post-trial motions

Finishing A Brief You’ve Started / Case Consulting

• Case consulting on strategy / issue framing / review of opposing counsel’s brief
• Trial consulting to preserve issues on appeal
• Revising or polishing your own draft brief
• Review of trial record to identify appeal options
• Prepare you for oral-argument

7. What Are Your Credentials and Experience?

• J.D., Stanford Law School (1999) (Stanford Law Review, Moot Court)
• Judicial Clerkship: Federal Appellate Clerkship, Hon. Franklin S. Van Antwerpen, U.S. Court of Appeals for the Third Circuit.
• Am Law 100 / Big Law Litigation Experience:

·       Gibson Dunn (San Francisco): Antitrust, appellate, litigation, white collar crime, soft IP;

·       Crowell Moring (Washington, D.C.): Antitrust, appellate, litigation, constitutional law.

 • Over 100 appellate briefs and trial briefs so far as a freelancer;
• Over 50 appellate, SCOTUS, and trial briefs on 2–3 person partner-associate briefing teams as an associate at the above law firms.

8. Where are you licensed to practice law?

I have active licenses in California (1999), the District of Columbia (2001), and Maine (2009). No disciplinary history.

9. Why are you freelancing instead of practicing law full-time?

I stopped practicing law full-time when I unexpectedly became a successful conceptual artist in 2017. I’m represented by a commercial gallery in Chicago that represents about 20 conceptual artists around the world (Engage Projects).

10. Can you start work on my project immediately?

Yes, I can start most projects immediately and will always make your internal deadline. If I’m already booked during the time you need, I’ll let you know. Each brief gets my full attention; I don’t double- or triple-book.

11. How do you securely handle and my law firm’s files?

Most lawyers send me (a) .pdfs of all relevant background documents in their file; or (b) Dropbox or similar links to transfer a copy of the file securely. I can work with just about any method or system that you prefer.

12. Where are you physically located?

The physical address where I work is: 180 High Street #14, Portland, Maine 04101. This is the Historic Marlborough Building in Portland’s Art Museum District. I’m one block from the Westin Harborview hotel and two blocks from the Portland Museum of Art.

13. How do I contact you?

I can always be reached directly by cell and email: Adam Daley Wilson, Esq., direct cell: (207) 699-9957, direct email: adam.daley.wilson@gmail.com

ADDITIONAL FREQUENTLY ASKED QUESTOINS

14. Do you represent my client, or do you work for me / my law firm as a contractor?

I work only for you, the hiring lawyer or law firm. I work for you as an independent temporary contractor. This is a lawyer/law firm service; I do not represent or work with your clients or the public.

15. Are you a law firm or an independent contractor—and who is actually doing the work?

Lawyers who hire me usually structure me as an independent contractor attorney who is providing freelance legal writing services and case strategy consulting to the law firm.

I personally do all the work. I do not outsource. I do not use AI.

16. Do you work on matters nationwide?

Yes. I work with lawyers nationwide, and have worked with lawyers in California, the District of Columbia, New York, Pennsylvania, Michigan, Texas, Georgia, New Jersey, and other states.

17. Do you have the ability to run a conflicts checks?

Yes. I will run a conflicts check and discuss any potential conflicts with you / your firm.

18. Will you sign a confidentiality agreement or NDA?

Yes. I can sign NDAs / confidentiality agreements if you / your firm requires one, and I have worked on matters involving protective orders.

19. What exactly is the deliverable—what will the brief look like, and what level of quality?

I deliver a brief that meets and competes with:

(a) the standards of the top Am Law 100 law firms / litigation departments where I was an associate for a decade; and

(b) the standards of the federal appellate clerkship where I clerked for a federal appellate judge for two years.

The brief will be in Microsoft Word format and it will be ready-to-file without changes needed.

Most of the lawyers I work with make one or two wordsmithing changes to fit their personal stylistic preferences.

Some law firms prefer to have their paralegals / staff create tables of contents and tables of authorities.

The exact deliverable can flex to be whatever you need based on your firm’s schedule and budget.

20. What if have my own draft brief or almost-finished brief—Can you revise or polish my draft?

Yes. I can also revise / polish existing drafts to make them more persuasive, tighten arguments, identify missed issues or arguments, remove rhetoric, and increase logic, law-to-fact analysis, and rigor.

21. Do you help with oral argument or moot court preparation?

Yes. I assist with oral-argument preparation including mock argument if helpful.

22. Do you recycle canned arguments—or is each brief tailored to my specific case?

I do not have or recycle canned arguments. I do not use recycled templates. I write each brief myself, from scratch, to make the best arguments on the law and facts of your case.

23. Who pays for your work—the lawyer / law firm?—or the client?

You—the lawyer / law firm who hires me—receives the invoice and pays, not your client. I cannot accept payments except from you / your law firm.

24. Who signs the brief—who ultimately remains responsible?

You, as the lawyer / law firm who hires me, remains counsel of record and responsible for filing.

25. Do you carry malpractice insurance?

Yes, I’ve carried my own malpractice insurance at all times. It has never been needed or implicated.

26. How do you handle privilege, confidentiality, and work product?

All work is confidential and is protected consistent with all professional responsibility obligations. I handle files securely. I do not discuss any information with anyone except you.

27. What other types of lawyers or law firms have called you for freelance briefs?

In addition to solo practitioners and boutique law firms, I’ve been called over the years by:

• Large, regional, and mid-size firms—when partners or their associates need overflow or surge capacity

• Firms facing multiple simultaneous filing deadlines or trial schedules

• Lawyers who want a consultation before hiring a highly-specialized appellate boutique

• Attorneys who want to preserve the trial record for an appeal

• Litigators in trial who want a consultation on dispositive motions / complex issues.

28.  What areas of law are within your knowledge and experience?

Here are some of the areas of law within my knowledge and experience:

A.        APPELLATE STANDARDS OF REVIEW

1. De novo review
Pure questions of law; statutory interpretation; constitutional issues.

2. Abuse of discretion
Discovery rulings, evidentiary rulings, sanctions, equitable relief, class certification.

3. Clear error
Bench trial factual findings.

4. Substantial evidence
Agency findings; jury verdict sufficiency.

5. Arbitrary and capricious review
e.g., Administrative Procedure Act review

6. Plain error
Unpreserved error

7. Harmless error
Prejudicial error analysis

8. Independent judgment review
De novo factual review in limited contexts.

9. Mixed questions of law and fact
Standard varies by dominance of legal or factual components

10. Manifest injustice standard
Exceptional correction of forfeited issues.

B.        SUMMARY JUDGMENT MOTION STANDARDS

11. Rule 56 summary judgment standard
No genuine dispute of material fact.

12. Celotex standard (where applicable)
e.g., Celotex Corp. v. Catrett

13. Anderson materiality standard
e.g., Anderson v. Liberty Lobby

14. Matsushita inference standard
e.g., Matsushita v. Zenith Radio

15. Burden shifting at summary judgment
Movant versus nonmovant evidentiary burdens.

16. Sham affidavit doctrine
Limits contradictory declarations.

17. Summary judgment evidence admissibility
Declarations, authentication, hearsay, judicial notice.

18. Partial summary judgment
Disposition of discrete claims or issues.

19. Summary adjudication (state analogs)
Issue-specific adjudication.

20. Rule 56(d) continuances
Discovery-based continuances.

C.        MOTION TO DISMISS AND PLEADING STANDARDS

21. Twombly plausibility standard
e.g., Bell Atlantic v. Twombly

22. Iqbal two-step pleading framework
e.g., Ashcroft v. Iqbal

23. Rule 9(b) heightened pleading
Fraud or mistake; who, what, when, where, how; particularity.

24. Rule 12(b)(1) subject matter jurisdiction dismissal
Facial versus factual challenges.

25. Rule 12(b)(2) personal jurisdiction dismissal
Prima facie jurisdictional showing.

26. Rule 12(b)(3) improper venue dismissal
Venue sufficiency.

27. Rule 12(b)(5) insufficient service
Service defects and cure.

28. Rule 12(b)(7) failure to join required parties
Rule 19 analysis.

29. Rule 12(c) judgment on the pleadings
Same standard as Rule 12(b)(6).

30. Rule 15 amendment standard

D.        JUSTICIABILITY AND JURISDICTION ISSUES

31. Article III standing
e.g., Lujan v. Defenders of Wildlife
e.g., TransUnion LLC v. Ramirez

32. Statutory standing
e.g., Lexmark International v. Static Control

33. Mootness
e.g., Friends of the Earth v. Laidlaw

34. Ripeness
e.g., Abbott Laboratories v. Gardner
e.g., Susan B. Anthony List v. Driehaus

35. Subject matter jurisdiction
Federal question and diversity.

36. Supplemental jurisdiction
e.g., United Mine Workers v. Gibbs
28 U.S.C. section 1367

37. Appellate jurisdiction
Final judgment rule; interlocutory appeals
28 U.S.C. section 1291

38. Collateral order doctrine

39. Mandamus jurisdiction
Extraordinary appellate relief.

40. Advisory opinion prohibition
Constitutional limitation.

E.        VENUE, REMOVAL, AND FEDERAL / STATE INTERFACE ISSUES

41. Venue statutes
28 U.S.C. section 1391

42. Transfer of venue
28 U.S.C. section 1404

43. Forum non conveniens

44. Removal jurisdiction
28 U.S.C. section 1441

45. Remand standards
28 U.S.C. section 1447

46. Forum defendant rule
Removal limitations.

47. Fraudulent joinder
No possibility of liability standard.

48. Snap removal
Timing-based removal doctrine.

49. Erie doctrine
e.g., Erie Railroad v. Tompkins
e.g., Hanna v. Plumer
e.g., Shady Grove Orthopedic v. Allstate

50. Choice of law
e.g., Klaxon v. Stentor
State conflict-of-law methodologies.

F.         ABSTENTION DOCTRINES AND FEDERAL COURT RESTRAINTS

51. Younger abstention
e.g., Younger v. Harris

52. Pullman abstention
e.g., Railroad Commission v. Pullman

53. Burford abstention
e.g., Burford v. Sun Oil

54. Colorado River abstention
e.g., Colorado River Water Conservation District v. United States

55. Rooker Feldman doctrine
e.g., Rooker v. Fidelity Trust

56. Anti Injunction Act
28 U.S.C. section 2283

57. Comity doctrine
Inter-sovereign respect.

58. Federalism restraint principles
Structural constitutional limits.

59. Primary jurisdiction doctrine
Agency expertise deference.

60. Political question doctrine
e.g., Baker v. Carr

G.        PRECLUSION DOCTRINES

61. Claim preclusion
Res judicata, elements of.

62. Issue preclusion
Collateral estoppel, elements of.

63. Nonmutual issue preclusion
e.g., Parklane Hosiery v. Shore

64. Law of the case
Binding prior rulings.

65. Mandate rule
Obligations on remand.

66. Full faith and credit
28 U.S.C. section 1738

67. Claim splitting doctrine
Single cause of action rule.

68. Virtual representation
Privity expansions.

69. Preclusion after jurisdictional dismissals
e.g., Semtek International v. Lockheed Martin

70. Federal state preclusion interaction
Inter-sovereign effects.

H.        ESTOPPEL DOCTRINES

71. Judicial estoppel

72. Equitable estoppel

73. Collateral estoppel against government

74. Estoppel by acquiescence

75. Estoppel by conduct

I.          WAIVER, FORFEITURE, AND EXCUSABLE NEGLECT ISSUES

76. Waiver
Intentional relinquishment of a known right; waiver of argument on appeal.

77. Forfeiture
Failure to timely assert a right; forfeiture on appeal.

78. Excusable neglect

79. Invited error doctrine

80. Preservation of error
Contemporaneous objection rule; preserving the record for appeal.

J.         IMMUNITIES AND CERTAIN DEFENSES

81. Sovereign immunity

82. Eleventh Amendment immunity

83. Qualified immunity / State Actors

84. Absolute immunity
Judicial and prosecutorial immunity.

85. Legislative immunity
Speech or Debate Clause.

86. Statute of limitations
Accrual and repose; tolling.

87. Equitable tolling
Extraordinary circumstances.

88. Laches
Equitable delay defense.

89. Good faith defenses
Objective reasonableness.

90. Preemption defenses
Federal displacement of state law.

K.        PROCEDURAL AND COMPLEX LITIGATION DOCTRINES

91. Class certification
Rule 23; See also Multi-District Litigation (MDL).

92. Predominance and damages models

93. Arbitration enforcement
Federal Arbitration Act

94. Delegation clauses

95. Anti SLAPP procedure
State speech-protection statutes.

96. Sanctions
Rule 37
e.g., Chambers v. NASCO

97. Spoliation doctrine
Adverse inference standards.

98. Injunction standards

99. Declaratory judgment standards
Actual controversy requirement.

100. Consent decrees
Judicial approval and enforcement.

L.        CONSTITUTIONAL LAW (Federal / State)

101. Procedural due process
Notice and opportunity to be heard.

102. Substantive due process
Fundamental rights protection.

103. Equal protection
Levels of scrutiny; protected classes.

104. First Amendment speech regulation
Content-based and content-neutral standards.

105. First Amendment retaliation
Protected activity and causation.

106. Takings Clause

107. Contracts Clause

108. Dormant Commerce Clause
Interstate burden analysis.

109. Privileges and Immunities Clause
Article IV protections.

110. Supremacy Clause
Federal law supremacy.

M.       ADDITIONAL HIGH COMPLEXITY DOCTRINES

111. State action doctrine
Attribution of private conduct.

112. Section 1983 municipal liability
e.g., Monell v. Department of Social Services

113. Supervisory liability
Personal involvement standards.

114. Overbreadth and vagueness
First Amendment facial challenges.