About2019-04-29T16:18:19+00:00
David Lewis

David A.F. Lewis, Appellate Consultant

Civil and criminal appeals in state and federal court

After 20+ years of practice, I’ve learned that using charts, graphs, photos, and diagrams in appellate briefs helps make your writing more persuasive and dynamic. This is now more true than ever with appellate judges reading pleadings on an iPad or tablet. If you’d like some help improving what you file, give me a call. I have litigated and consulted on over 140 appeals since 1997 with published opinions in 26 cases. The lawyers and law firms I work with improve their profit margins and spend more time on their core competencies by outsourcing their appellate work to me or bringing me in to help them out.

In the Press

The Exoneration of Charles Wilhite — January 2013

“I think what happened was the police made a decision early on that Charles was the guy they wanted, and the investigation, instead of being open… was about confirming that view.” — David Lewis, one of Wilhite’s lawyers, on New England Public Radio

Read full account from the New England Innocence Project

Also see the “Justice for Charles” Facebook Page

Charles Wilhite found not guilty in second murder trial, 22 News, Springfield, Massachusetts, January 17, 2013

Jury finds Charles Wilhite not guilty in second murder trial, CBS 3, Springfield, Massachusetts, January 17, 2013

Radio Excerpts from the Bill Newman Show, WHMP Northampton, Massachusetts

June 4, 2012 — Discussing order reversing murder conviction and granting new trial…

January 21, 2013 — Discussing acquittal on the MLK Day show…

January 28, 2013 — Discussing Charles Wilhite’s acquittal (full program)…

Selected Press Coverage

CBS “Early Show,” January 28, 2002 (interviewed on national broadcast, as attorney for the subject children, with the head of Massachusetts Department of Social Services, and the attorney for the parents regarding the intervention of state social services in an Attleboro, Massachusetts religious cult to protect several children)

New York Times, February 3, 2002, p.18 (quoted regarding Attleboro, MA, religious cult case)

Boston.com, January 29, 2002 (quoted regarding Attleboro, MA, religious cult case)

New York Times, January 24, 2002 (quoted regarding Attleboro, MA, religious cult case)

Publications

PDF Download IconHow to Make Your Writing More Appealing—Part 4, The Colorado Lawyer, June 2018, p.16
PDF Download IconHow to Make Your Writing More Appealing—Part 3, The Colorado Lawyer, April 2018, p.8
PDF Download IconHow to Make Your Writing More Appealing—Part 2, The Colorado Lawyer, February 2018, p.8
PDF Download IconHow to Make Your Writing More Appealing—Part 1, The Colorado Lawyer, November 2017, p.14
Massachusetts District Court Criminal Defense Manual, (“Post-conviction Concerns”), Co-author (with Carol Donovan, Esq.), MCLE, Inc., (2013 and 2015 supplements). Link to purchase chapter or book.
PDF Download Icon First Circuit: Defendant waived public trial claim when lawyer failed to object, National Law Journal, June 20, 2013
PDF Download IconSurvey on Briefs Offers Companies More Certainty, New England In-House, v.8, #3, p.3 (July 2010)
PDF Download IconSurvey of Judges Offers Guidelines for Appellate Briefs, Massachusetts Lawyer Weekly, 38 MLW 1931 (07-19-10), appeared concurrently in Rhode Island Lawyers Weekly (07-19-10)
PDF Download Icon138 Appellate Judges Can’t Be Wrong, The Champion, August 2007, p.10
PDF Download IconIf You Have Seen One Circuit, Have You Seen Them All? A Comparison of the Advocacy Preferences in Three Federal Circuit Courts of Appeal, 83 Denv. U. L. Rev. 893 (2006)
PDF Download IconWhat’s the Difference? A Comparison of the Advocacy Preferences of State and Federal Appellate Judges, 7 J. App. Prac. & Process 335 (2005)
PDF Download IconCommon Knowledge about Appellate Briefs: True or False?, 6 J. App. Prac. & Process 331 (2004)
PDF Download IconSurvey Shows Preferences of Northeastern Judges at Appellate Argument, New York State Bar Association Journal, vol. 76, no. 8, p. 42
(October 2004)
PDF Download Icon2003 New England Appellate Judicial Survey: Use of Authority and the Record, The Vermont Bar Journal, vol. 29, no.4, p.47 (Winter 2003)
PDF Download IconSurvey Sheds Light on Appellate Brief-Writing, Massachusetts Lawyer’s Weekly, vol. 32, no.10, p.11 (32 M.L.W. 495) (November 3, 2003)
PDF Download Icon2003 New England Appellate Judicial Survey, The Vermont Bar Journal, vol. 29, no.3, p.41 (Fall 2003)
PDF Download IconAppellate Judge Survey Offers Insight into Effective Advocacy, New Hampshire Bar News, vol. 14, no.6, p.23 (September 5, 2003)
2003 Survey of New England Appellate Judges: Part One, Maine Lawyers Review, vol.11, no. 14, p.24 (July 17, 2003)

Presentations

February 2019 (scheduled), Effective Appellate Advocacy,
MCLE (Boston), Chair & Presenter

December 2018 (scheduled), Appellate Bench / Bar Conference,
Flaschner Institute (Boston), Speaker (criminal issues)

June 2018, 4th Appellate Practice Seminar,
MCLE (Boston), Co-chair & Presenter (e-briefing)

January 2018, Effective Appellate Advocacy,
MCLE (Boston), Chair & Presenter (e-briefing)

October 2017, Criminal Law Ethical Landmines,
MCLE (Boston), Co-Chair & Speaker (criminal ethics quiz)

June 2017, 3d Appellate Practice Seminar,
MCLE (Boston), Presenter (amicus briefs)

January 2017, Effective Appellate Advocacy,
MCLE (Boston), Chair & Presenter (information management)

March 2016, Advanced Post-Conviction Litigation Seminar,
MACDL (Boston), Presenter (amicus briefs)

June 2015, Criminal Law for Civil Practitioners,
MCLE (Boston), Chair & Speaker (appellate overview)

March 2014, Post-Conviction and Appellate Advocacy,
MCLE (Boston), Chair

June 2013, Single Justice Practice,
MCLE (Boston), Presenter (calling the clerk)

May 2013, Post-Conviction and Appellate Advocacy,
MCLE (Boston), Chair

May 2012, Post-Conviction and Appellate Advocacy,
MCLE (Boston), Chair & Speaker (brief writing)

April 2012, Ethics of Cloud Computing,
Massachusetts Court Reporters Association (Annual Convention),
Presenter (ethics and cloud computing)

May 2011, Practicing Law in the Cloud: The Ethics of Cloud Computing,
MCLE (Boston), Chair & Speaker (ethics of cloud computing)

May 2011, Post-Conviction and Appellate Advocacy,
MCLE (Boston), Chair & Speaker
(using technology and brief writing)

June 2010, 12th Annual Paralegal Conference,
MCLE (Boston), Presenter (technology & ethics)

May 2010, Ethics in the Age of Twitter & Facebook,
MCLE (Boston), Chair & Panelist

April 2010, Post-Conviction and Appellate Advocacy,
MCLE (Boston), Chair & Speaker (information management)

March 2010, Appellate Advocacy: Secrets of the Appeals Court and More,
Lawyer’s Weekly (Boston), Presenter (NAS Report)

June 2009, Advanced Post-Conviction Litigation Skills Seminar,
MACDL (Boston), Presenter (briefing)

June 2009, The Court Jester:
Why Ineffective Counsel is No Laughing Matter,
MCLE (Boston), Chair & Panelist

April 2009, Post-Conviction and Appellate Advocacy,
MCLE (Boston), Chair & Presenter (briefing)

April 2008, Single Justice Practice,
MCLE (Boston), Panelist

March 2007, Post-Conviction Practice,
MACDL (Boston), Presenter (transcripts and the record)

January 2007, Effective Appellate Advocacy,
MCLE (Boston), Presenter (appellate survey)