James N. McNally

Attorney at Law

Specializing in Appeals & Research

Civil – Criminal – State - Federal

P.O. Box 36549

Grosse Pointe Farms, MI 48236

(313) 378-6060

 

 

Licensed in Michigan, Eastern District of Michigan, and U.S. Court of Appeals – 6th Circuit

 

AV rated by Martindale-Hubbell (highest rating for legal ability and ethics)

 

MICHIGAN APPEALS – CIRCUIT COURT, COURT OF APPEALS, and SUPREME COURT

U.S. COURT OF APPEALS – 6TH CIRCUIT

MICHIGAN WORKERS’ COMPENSATION APPEALS

 

Jim is a former staff attorney at the Michigan Court of Appeals and Michigan Supreme Court, and also served as Settlement Director at the Court of Appeals (the Court’s mediation office).  He served on the Supreme Court’s committee that drafted the trial court mediation rules in Michigan and helped modify court rules and court forms at the Court of Appeals.  He has served as a seminar faculty member teaching attorneys, court staff, and judges about mediation and appellate procedures, and taught legal research and writing to law students.  Jim specializes in research and appellate representation, and can handle the entire appeal or segments of your research and representation needs as part of your team.

 

Have your attorney contact me

 

 

Why should you consult an appellate attorney?

 

Appellate practice is an increasingly specialized segment of the law.  Every day, lawyers are embarrassed in front of their clients when appellate courts dismiss appeals for procedural matters – or issue an opinion rejecting arguments because the lawyer did not cite adequate authority or properly identify the facts relevant to the appeal. 

 

Appeals require a special candor with the tribunal that some advocates cannot comfortably provide when they come from the “bulldog” intensity of a trial practice.  What works in front of juries does not work in front of judges.

 

Appeals require familiarity with complicated procedural issues of a specialty court.

 

Most clients benefit from a second set of eyes reviewing a trial court’s action. 

 

If the trial attorney made a mistake, it is better to try and resolve it early than to push for a baseless appeal where the Court of Appeals might point a public finger of blame.

 

 

 

 

How can we help you?

 

► Full representation and appearances in appellate matters

 

► Drafting dispositive motions and other research-intensive motions in trial court proceedings

 

► Ghost-writing of trial and appellate briefs

 

► Research assignments in appellate matters, trial cases, and pre-engagement inquiries

 

► Background advice and consultation in appeals

 

►Advice during post-trial procedures to assure the record is complete for an appeal

 

►Appellate mediation representation and assistance in federal and state courts

 

 

 

 

GENERAL APPELLATE INFORMATION

& TIPS FOR PRACTITIONERS:

 

Click here for information on how and when to file

an appeal in Michigan and federal courts

 

Tips for trial attorneys from an appellate attorney

 

Tips for out-of-state attorneys and inexperienced attorneys handling appeals at the Michigan Court of Appeals

 

Using and citing unpublished decisions

 

 

 

RECENT NEWS ABOUT JIM’S CASES & COMMUNITY INVOLVEMENT

 

February 2017: Jim was interviewed by Michigan Lawyers Weekly for an article about prenuptial agreements in Michigan

 

January 2017: After district court employees bent the rules to accommodate a celebrity charged with a crime, Jim expressed concern to the State Court Administrator and was informed that the matter would be investigated and additional training pursued if necessary

 

April 2016: Jim was interviewed by Michigan Lawyers Weekly for an article about the new court rule controlling the use of unpublished opinions by lawyers

 

January 2016: Jim successfully defended against an appeal in the Michigan Court of Appeals involving the appointment of a special personal representative.  The court ruled in Jim’s client’s favor on all issues in an 11-page decision.

 

 

SOME OF JIM’S NOTABLE CASES

 

Minges Creek, LLC v Royal Insurance Co of America, 442 F3d 953 (6th Cir 2006) (insurance)

 

Bates v Van Buren Twp, 459 F3d 731 (6th Cir 2006) (township ordinances)

 

Radeljak v DaimlerChrysler Corp, 475 Mich 978 (2006) (venue in Jeep crash)

 

Everton v Williams, 270 Mich App 348 (2006) (damages for tortious interference)

 

Allard v Allard, 308 Mich App 536 (2014), 499 Mich 932 (2016), __ Mich App __ (On Remand) (2017)

(scope of prenuptial agreements and protection of LLCs)

 

 

 

 

Revised 04/06/2017