Louis M. Fischer, Attorney

I limit my practice to handling complex legal issues, primarily at the appellate level, in criminal cases. I have over 30 years' experience in criminal appellate litigation in the federal courts of appeals across the nation, as well as in the Supreme Court of the United States.

I have written briefs in more than 150 criminal cases in the federal courts of appeals and have argued 77 of those cases, including four en banc arguments before as many as 20 judges. I have argued before all twelve United States Courts of Appeals that handle criminal cases, and have experience from both the prosecutorial and defense sides of a case. During my time at the Department of Justice, I won 136 criminal cases on appeal and lost 13. I also drafted the government's brief in fourteen cases before the Supreme Court. Before I went to the Department of Justice, I briefed a criminal case that the Supreme Court decided in the defendant's favor.

The skills required to handle purely legal issues at trial, on appeal, or in the Supreme Court are quite different from those involved in trying cases. I tried cases for five years, so I know from hands-on experience what a trial entails. Trials focus on the factual analysis of evidence and closing arguments to the jury. Appeals, by contrast, focus on legal issues in a trial, such as from pre-trial motions, whether certain evidence was properly admitted at trial, and whether the trial judge correctly instructed the jury. An appeal requires extensive knowledge of the trial record, both witness testimony and exhibits that were admitted into evidence; intensive legal research; a more thorough analysis of legal issues than is required in the trial court; and knowledge of the applicable standard of appellate review for each issue as well as an understanding of procedural issues that may arisel. Many criminal cases on appeal take over a year to resolve. Moreover, a lawyer who focuses on appellate practice should produce a higher quality brief and oral argument than someone who does not handle many appeals. The quality of appellate briefs and oral argument significantly affects the outcome of an appeal.

I primarily brief and argue criminal cases on appeal in the federal courts of appeals, although I am also available to assist trial lawyers with motion practice in criminal cases at the trial level.  It is often advisable for an appellate lawyer to become involved with a case while it is still in the trial court.  In that way, a defendant can preserve points in anticipation of appeal by raising additional issues and making additional arguments that might otherwise be overlooked.  An appellate lawyer is often able to provide a different viewpoint on the legal aspects of the case from a trial lawyer.

My experience extends to virtually every kind of criminal case on appeal, from drug prosecutions to complex white collar fraud cases. In the course of this practice, I have not only done briefs on appeal, but I also have filed more unusual cases, including mandamus petitions. In addition, I do work in the Supreme Court of the United States, including preparation of petitions for a writ of certiorari and briefs on the merits, again limited to criminal cases.

I welcome referrals from other lawyers. I also accept appellate cases directly from defendants who have been convicted in the trial court and are seeking an attorney to help them appeal their cases to a higher court. By hiring me, you will get someone with a wealth of experience and a proven track record of success in highly complex criminal cases on appeal.