Appeals Attorney in Los Angeles, California
What advice do you have for clients who want to appeal their case?
What advice do you have for clients who want to appeal their case?
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When I discuss appeals with the client the first thing I like to do, besides learning what the appeal is about, is to manage their expectations, make sure they understand that most appeals are affirmed by the court of appeal in case they are seeking an appeal. And, most of my clients are looking to appeal from adverse judgements of the court. And, to manage their expectations, as I said, and also to gain an understanding of the nature of the appeal. Some judgements have a better chance of being overruled than other judgements. And, that depends on the basis upon which you are appealing.
If you are appealing because you think that somebody just interpreted the facts incorrectly, that’s a very difficult appeal to win. If you’re appealing because you think the judge made a plain old mistake on the application of law, that’s an easier appeal to win. So, first you need to know what’s being appealed.
The second thing is manage your client’s expectations. And, the third thing is also to provide them, as always, with a reasonable cost estimate of what an appeal will cost. Because, here’s the good news, appeals cost substantially less than trying a case.
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Los Angeles, CA commercial litigation attorney Brian M. Grossman shares his advice for clients who want to appeal their case. He explains that when he discussed appeals with a client, the first thing he did—aside from learning what the appeal was about—was to manage their expectations. He made sure they understood that most appeals were affirmed by the court of appeal, since many of his clients sought appeals from adverse judgments. Managing expectations was crucial, but equally important was gaining a clear understanding of the nature of the appeal itself.
He explained that some judgments had a better chance of being overturned than others, depending on the basis for the appeal. If the appeal was grounded in the belief that the facts had been interpreted incorrectly, it was far more difficult to succeed. On the other hand, if the argument rested on the judge making a mistake in the application of the law, the chances of success were greater.
Once he identified the nature of the appeal, he prioritized three things: clarifying what exactly was being appealed, managing his client’s expectations, and providing a reasonable cost estimate. The good news, he often pointed out, was that appeals generally cost substantially less than trying a case.
