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ARTICLE · 24 AUGUST 2016

The Art Of Evaluating An Appeal: 10 Hard-Learned Tips

Your client lost at trial and boy is it mad about that. So, your directions are to file an immediate appeal and get it fixed.

United StatesLitigation, Mediation & Arbitration

Your client lost at trial and boy is it mad about that. So, your directions are to file an immediate appeal and get it fixed. Of course, you need to advise the client of any posttrial hoops that must be jumped through for preservation purposes before filing that appeal. Hopefully the issues were set up well at the trial level and the case was tried with an eye toward a potential appeal. But, good appellate counsel always should take a step back and provide the client with an objective evaluation of whether an appeal truly is a wise course of action.

An appellate lawyer naturally wants to pursue the appeal and try to get a reversal. And the fact is, appeals often are successful and achieve meaningful relief from adverse trial results, especially if the appellant is careful in its selection of the issues for appeal. Many good articles have been written about effective appellate advocacy, and following such advice will strengthen the odds of winning on appeal.

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