Filing an Appeal

The decision whether to take an appeal, whether it is of right, or whether it is necessary for your lawyer to petition one of the appeals court for permission to take an appeal, is not a light matter. It must be carefully considered to determine whether you will be ultimately successful as discussed in our previous blog. If the decision is to proceed, than the single most important weapon is the appellate brief.

The appellate brief must be carefully crafted so that it will be easily read and understood by you the client, to insure that it will receive the proper attention of the court. A brief that is overly wordy, not well constructed, and tackles peripheral issues, without focusing on the main points to be discussed, will generally not receive favorable consideration.

Bear in mind that the courts are overburdened with appeals, so your brief must address the key legal issues applicable to your appeal, and discuss only those facts that are relevant to your argument. Also consider the choice of attorneys carefully, because the presentation of your appeal on oral argument by your attorney can oft times make the difference between winning and loosing