Michael Bramlett Miller

Michael Miller

Thank you for your comment. Unfortunately, we are ethically confined in responding to your allegations with regard to your specific case, particularly because your appeal remains pending. However, it is important to respond generally so as to address the concerns. The appellate process can sometimes be confusing and frustrating with regard to what can and cannot be presented to the Court of Appeals. For example, appellate counsel is not able to investigate and present new evidence; appellate counsel cannot file a motion for a new trial; appellate counsel cannot file a new, independent action based on civil or other legal theories at the appellate level. We receive and review the trial court transcript along with the notice of appeal. However, it is also important to understand that we must independently review the notice of appeal and transcript and make decisions as to what course to pursue. In other words, if trial counsel or a pro se litigant files a notice of appeal and we are appointed, we cannot simply pursue the course set forth in the notice of appeal – particularly if that proposed course calls for unsubstantiated or legally deficient claims. It would be unethical to do otherwise. Additionally, it is important to note that when counsel is appointed on a case, like in this instance, whether it be on an appellate basis or otherwise, the client does not pay counsel nor hire counsel. We are appointed by the Court, which triggers the notification from the Court making the client aware of counsel’s role and providing all pertinent contact information. It also triggers our office to dispatch a similar letter to the client. We then thoroughly review the transcript; conduct extensive research and draft an appeal brief based on the grounds for appeal that have proper legal and factual support and which our appellate court has the power to hear and decide. Accordingly, we apologize for any inconvenience you have experienced with our services. We take client satisfaction very seriously at our firm. However, we take more seriously the ethical compass that we must follow in fulfilling our role as legal counsel. Should you have any questions, please feel free to contact our office directly and we will certainly be more than happy to assist you further.