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first of all i will tell you that i was
lucky enough
um to serve in the appellate division in
the in in new jersey
i
did fairly well in duke law school where
i went
and um i interviewed and was accepted to
be a law clerk to a judge in the
appellate division
so
having had that experience
i began to take more and more appeals
because i felt comfortable and more and
more my colleagues were referring these
cases to me now i have
quite a number i think probably i would
say the number of appeals that i’ve
handled are easily in the hundreds
when
does it make sense to appeal
you really in every case
that i
consult with a client with respect to i
tell them it’s really to a certain
extent math
and let me explain
i will be able to tell you or tell the
prospective client
the likelihood of success of course i
can’t
you know guarantee any result but i
could tell someone 75
25
90
that’s one aspect of the math
then i will say okay let’s put that
aside now how much is it gonna cost and
i will give real answers i will tell you
exactly how much it costs and just and
you know oftentimes it’s a capped fee or
a fee that’s
um
that you can make payments toward but in
the event you know how much it’s going
to cost and then
you have to multiply
the likelihood of success
with respect to
the how much it’s going to cost and then
the other issue the other variable
is
how much is it what’s at stake
right so how much money is at stake
certainly you wouldn’t spend
more money on the appeal than than it’s
worth ultimately
ultimately you wouldn’t spend a lot of
money on appeal to maybe claw back
um you know two hours of parenting time
on a sunday
when the kid’s 17
right so you have to put all those
variables together now i say it’s math i
i’m joking um these are the
considerations but i’ll help you through
it i mean i’ll help you make those
determinations on why
when and why it makes sense to appeal
and when it doesn’t
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Bradley Beach, NJ family law attorney Brian Winters discusses when to file an appeal in a family law case.