Questions About Appeals 
What kinds of appeals do you handle?
We do appeals in all areas of the law except criminal law. Past cases include business and real property disputes, neighborhood disputes, personal injury cases, animal law, divorces with complex custody and property issues, medical and legal malpractice, employee disputes, administrative cases and many other areas of civil law.
At what point should I consult an appellate attorney?
You should consult an appellate attorney immediately after you receive a decision from the trial court whether this is written or given orally at the close of a trial or hearing. Whether you won or lost in the trial court it can be very important to have an appellate attorney reviewing draft judgments and orders before they are signed by the judge to make certain that you are protected on any appeal. It is never too early to contact an appellate attorney. It can be helpful to have someone who specializes in appeals monitoring the case to make certain that all appeal rights are preserved while the case is being heard at the trial court.
How much time do I have after the trial court makes its decision in which to file an appeal?
Trial court's usually state their decisions first in letters or statements made in open court. These decisions must then be formalized in a General Judgment. A notice of appeal must be filed within 30 days of the date on which the General Judgment is entered in the trial court. A General Judgment may be entered days or sometimes even weeks after it is actually signed by the trial court. We have access to OJIN, the state system that shows the status of every case. Once we represent you we will track the finalization and entry of the General Judgment to make certain that a notice of appeal is filed on time. If a notice of appeal is not filed on time the Court of Appeals has no jurisdiction and you have lost your right to appeal.
Can I stop the enforcement of a money judgment or a transfer of property while the appeal is pending?
Generally, yes. However, if it is a money judgment you may be required to deposit with the trial court the full amount of the money judgment plus two years interest at the rate of 9 percent. If the judgment is for the transfer of real or personal property other requirements must be met. Your options and the cost of staying the judgment will be discussed with you during your initial consultation.
I lost custody of my children. Can you keep the change of custody or change in the residence of the child from happening until after the appeal?
Yes, depending on the facts and the stage of the case at which you hire us. Every case is different so we need to know all relevant facts to make a determination as to whether we can stay the change of custody in your case. It is vital that you consult an appellate attorney prior to the entry of a custody judgment if you are going to attempt to stay a change of custody. Your options and the cost seeking a stay will be discussed with you during your initial consultation.
What is the cost of an initial consultation on an appeal? What is included?
An initial consultation for an appeal costs $350. During this consultation you can expect the attorney to spend however much time it takes (generally one to two hours) for the attorney to learn the basic information about your case and to answer all of your questions. You will be given a cost estimate and estimates as to the probable time frame of your appeal. A general assessment of the appeal may be made based on the information that you orally provide at the consultation. You will not be given an assessment of the percentage chance that you have to win the appeal during this consultation. No such assessment can be done without reading all of the exhibits and, sometimes, all of the transcript of the hearing or trial. The cost and timing of any such assessment will be discussed with you during your initial consultation.
How long does an appeal last?
Most appeals take one and half to two years to conclude from the date on which the notice of appeal is filed. In certain cases (such as custody) it is possible to ask for an expedited schedule that may allow resolution of the case in 6 to 9 months.
Is it possible to get the other party to pay for an appeal?
It is not possible to force the opposing party to pay in advance for an appeal. However, if you win the appeal it may be possible to get an award of attorney fees. During the initial consultation we will discuss whether this is a possibility in your case.
Will you work with my trial attorney?
You will control how much we work with your trial attorney. Some clients want the trial attorney to stay very involved and review the briefs before they are filed. Other clients do not want to pay two attorneys and want the trial attorney to step out of the picture. Trial attorneys generally provide us with copies of all relevant pleadings and exhibits and we will want to have enough contact to obtain what is necessary and to get the trial attorney's view of the case.
Why should I hire an appellate attorney instead of just letting my trial attorney handle the appeal?
The skills required to do appeals and the skills required to handle a case at the trial level are very different. Most trial attorneys do not have the legal research and writing skills required to write the most persuasive brief. Appeals are governed by different rules than those followed in the trial courts and trial attorneys are often not familiar with the rules of appellate procedure. In addition it can be very helpful to have fresh eyes on a case after the heat of a hearing or a trial.
What will I need to do for the case during the appeal?
You will not need to attend any hearings or gather any new evidence. The appeal will be decided based only on what is already in the record. Your appellate attorney may ask for your help in obtaining the pleadings and exhibits that were admitted at the trial and will expect you to keep current on your retainer payments. You will be sent a copy of the briefs after they are completed but likely will not be able to review any brief before it is filed. Clients are highly discouraged from attending oral argument because the Court of Appeals judges have stated that they prefer that only attorneys attend. We will call you immediately after oral argument and will order a CD of oral argument for you so you will be able to hear the argument. The appellate courts never make a decision from the bench.
In cases involving child custody or parenting time can you deal with problems that arise or continue while the appeal is pending?
Even after an appeal is filed the trial court retains the ability to act on motions to modify custody or parenting time. If you want, the attorneys in our office that specialize in family law at the trial court level can assist you with anything that happens while the appeal is pending. You can also keep your existing trial attorney on to deal with these issues while the appeal is pending.
