How To Go For Broke — Without Going Broke — On Appeal

The bill from a civil appeal can shock even the most litigation-savvy client. While appeals will never be a bargain, counsel can help keep costs down by maximizing efficiency.

First, and most importantly, plan ahead. Use the appeal period to carefully consider the issues. What kind of finding are you appealing and what is the applicable standard of review? Keep in mind the powers of the appellate court and decide at the outset what your strong grounds for appeal are. Concentrate on developing those.

Assessing the basis for your appeal at an early stage allows you to consider and reject weak grounds of appeal. Your notice of appeal should reflect your strongest grounds. Resist drafting many very specific grounds – a few thoughtfully-drafted, broader grounds will reduce the need for a subsequent amendment. (This is equally true on a motion for leave to appeal.)