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ARTICLE · 04 APRIL 2023

Surviving Your First Appeal

Lerners LLP
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Earl Cherniak has a saying: if you have not lost a trial, you have not done enough of them. The same applies to appeals. Though I basked in the success of my first appeal, it was not long...

CanadaLitigation, Mediation & Arbitration
Cynthia Kuehl
Cynthia Kuehl
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Earl Cherniak has a saying: if you have not lost a trial, you have not done enough of them. The same applies to appeals. Though I basked in the success of my first appeal, it was not long before I learned the sting of defeat, now delivered decisively by a three-judge panel. For anyone just starting their appellate law career, let me assure you that your intuition is correct – winning is much better than the alternative.

So, how can an appellate lawyer guarantee success? The reality is that one cannot – no matter how well constructed the written argument or how brilliant the submissions, sometimes the law or the facts (or both) are not on your side. However, there are some tips, tricks, and steps that can increase the likelihood that, when you flip to the last page upon receipt of the decision, you are happy with what you read.

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