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Questions to Consider Before Bringing an Appeal

Written by: Alan James Brinkmeier

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Posted almost 3 years ago. 23 helpful votes, 1 comment

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Burden

First, it is important for you to know that most decisions are "affirmed". The burden to change a final ruling belongs to you bringing the appeal. Because the most likely appeal outcome is “affirmed” on appeal – which means not reversed – you need to carefully consider many things in deciding whether to appeal. Consider how often the judge involved in your matter has been reversed. Statistics of individual judges may differ markedly -- some judges are never reversed, some are reversed more often.

Analysis

In a great majority of cases it makes sense for you and your appellate attorney to do an objective and comprehensive cost/benefit analysis. This will likely be a difficult undertaking because you may find that it is difficult for you as a party to the appeal to be objective about your own case. Sometimes it is even hard for your lawyer to be impartial. But, going through the analysis will tend to clarify the concerns up front in your decision process. Take a step backwards and dispassionately evaluate the important factors, expenses, legal fees and objective(s) of an appeal. Talk with more than just the attorney who handled the case for you. Find others who are very experienced with appeals. Ideally at least one of the consulting attorneys you talk to about the appeal will not have been involved in the case before.

Grounds

The main grounds for appeal are that the lower court 1) made a serious error of law and/or (2) allowed a verdict in the trial or entered a ruling or judgment that was against the weight of the evidence.

Record

The record in the case contains the trial court material that the appellant would like to appeal. It is important to understand that the appellate court will not retry the case. Rather, the appellate court will review the case to ensure that all procedures were followed properly and whether the accurate law was applied and that it was applied properly. Weighing the merits of success in these areas includes a decision about just how strong the record is to justify your appeal position.