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.