FAQ

How can I tell if I have an appeal?

An appellate attorney should be able to tell you if you have a viable appeal and the economic costs involved. For instance, if attorney's fees were awarded against you by the trial court, you risk having to pay the attorney fees for both your attorney and the opposing attorney incurred on appeal in you lose. Clients frequently misunderstand what constitutes an appealable issue. The Court of Appeal is not concerned with credibility, believing it is best determined by the trial court or the jury who observed the demeanor of the parties and their witnesses. The Court of Appeal is only concerned with judicial errors committed during trial. To give a meaningful analysis of your case and whether you have a chance on appeal, you may be asked to provide the reporter’s transcripts so the attorney can make a full analysis of your case.

How much will an appeal cost?

An average appeal can cost $20,000 to $50,000. Short, single-issue appeals may be lower. Complex appeals, including those involving voluminous records, can be higher as would be an appeal that finds its way to the Supreme Court. A client is also obligated to pay costs, including filing fees, costs of obtaining the clerk’s and reporter’s transcripts, and printing costs. These costs can range $1,000-20,000. Since most of the work is done in the early stages, the attorney may ask for a large retainer at the outset.

How long will an appeal take?

Generally, from 1-2 years, depending upon the court’s calendar and backlog.

If I won at trial, do I have to do anything?

Yes. First and foremost, as a respondent you have a judgment to protect. While the odds are in your favor, there is still a chance for reversal or modification, including a reduction in your judgment, so you are taking a chance if you do not respond to an appeal. It is not absolutely required, but the appeal will go forward, with or without your participation. You might as well maximize your chances for success. If no bond is posted or a stay granted, you may want to execute to collect your money judgment. 

What are my chances of success?

Your chances of success may vary from court to court, but generally, as an appellant you have a 15-25% chance of a complete reversal. The chances for a writ petition being granted are probably around 5%, while a petition for review before the Supreme Court has about a 1% chance of being granted. You should also know that if you have a money judgment against you, an appeal will not stop execution on the judgment. An appellate bond, another expense, will be required to stay execution.

Will I need to go to court?

Unlike a trial, the emphasis on appeal is on the written briefs. Oral argument occurs only at the end of the process, at which time the attorneys typically have 15 minutes (usually less) to argue a case. No witnesses or parties are permitted to speak. You may choose to attend or not. While oral argument is an important part of the process, in reality, it rarely changes the justices’ opinion.

Why should I choose you?

After 40 years in practice focusing exclusively on writs and appeals, I’ve reached a certain level of expertise. I have prepared over 400 appellate briefs on many areas of the law. I am extremely dedicated, thorough, and creative. Once retained, my goal is to help you, whether by telling you not to appeal or encouraging you to pursue review in the Supreme Court. I also have an established reputation with both judges and justices in the legal community, an important element in establishing credibility for your appeal. I care about my clients, am easily available by phone or e-mail to answer your questions. Your comfort, knowing you are in good hands, is extremely important to me.

How do you charge?

I can either bill at an hourly rate, on a project or lump sum basis, or on contingency basis. I can discuss these options with you after reviewing the record and conducting preliminary research. The modern trend is to agree on a lump sum fee for the appeal in advance. I find more clients are comfortable with knowing from the beginning how much the appeal will cost.

What other services do you provide?

I prepare writ petitions, which are interim, emergency “appeals,” filed in cases where a typical appeal is not an adequate remedy. I also work with attorneys on pre-trial motions to ensure that the record to be reviewed by the Court of Appeal is adequate. As a fundamental appellate rule, the Court of Appeal will not consider issues or objections not raised at the trial level, so the record must preserve those points. I also handle post-trial motions.