The firm’s appeals lawyers have handled well over a hundred appeals. The Boston law firm’s attorneys have appeared in every state appellate court, the highest court in Connecticut and Rhode Island, the First Circuit Court of Appeals, the United States Supreme Court, the United States Tax Court and the Massachusetts Appellate Tax Board.
The firm’s appellate practice is headed by partner Stephen Schultz. At Yale Law School, Mr. Schultz won the Benjamin J. Cardozo prize for the best appellate brief written in the school’s moot court program, as well as the prize for writing the best brief in the northeast region of the National Moot Court competition. In the close to forty years since his graduation, he has continued to write quality briefs in appellate courts across the country, including two appeals that he has handled in the United States Supreme Court. As one of the best appeals lawyers around, he has handled appeals raising some of the following issues: a patient’s right to die, the right to forcibly medicate psychiatric patients, a state’s right to restrict corporations from seeking to influence state referendums, a homeowner’s right to sue for breach of an implied warranty of habitability, the constitutionality of changing a tax rate in the middle of a tax year, and the constitutionality of a contructive taking of property by a city for economic development purposes.
Mr. Schultz has also handled numerous appeals involving the more typical question of whether a lower court judge abused his discretion in reaching his/her opinion. He has handled a number of cases challenging the amount of damages awarded by the trial court. He currently has pending before the Massachusetts Supreme Judicial Court a case raising questions regarding the right to contractually waive statutorily protected surety rights in a construction dispute and the necessary jury instructions to avoid the award of duplicative damages.
The law firm of Engel & Schultz welcomes the opportunity to represent clients, who were either dissatisfied with trial counsel or who utilized other attorneys, who do not specialize in appellate practice, to handle their trial. The firm cautions potential clients, however, that certain notices must be filed promptly after the issuance of judgments below in order to preserve appellate rights and a decision on which counsel to retain to handle an appeal must be made promptly if you are seeking or taking rather than defending an appeal.