Should You Appeal?

Litigants are motivated to appeal for various reasons. These may include financial considerations, a belief that the judge was biased or that trial counsel mishandled the case, a belief that justice has not been done, or simply a desire to "win." But deciding whether to appeal should always include consideration of the costs of an appeal (emotional and financial) and the probability of success.

Most litigants understand by the time they start considering an appeal that it is not an opportunity to re-try the case to a different court. But the importance of this cannot be overstated. The court of appeals does not weigh evidence or credibility, and it defers to the trial court's discretion on most types of rulings a trial court makes. Experienced appellate counsel can help decide whether an appeal is worthwhile.