Should You Appeal?

Parties are motivated to appeal for various reasons, often a combination of personal and financial considerations depending on the nature of the dispute. The decision whether to appeal should also take into account the likelihood of success given the different standards that apply on appeal. 

For instance, while issues such as whether a witness was truthful, the judge was biased, or trial counsel was competent can be important to the outcome of the trial court proceeding, they ordinarily have little to do with the likelihood of success on appeal. 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. In addition, deciding whether to appeal should always include consideration of the costs of an appeal (emotional and financial). 

Experienced appellate counsel can help decide whether an appeal is worthwhile at the outset, before incurring significant expense.