California Appeals
  • Appeals lawyer intro
  • About John Derrick
  • Appellate consulting
  • Appellate mediation
  • Types of appeals
  • Should you appeal?
  • Why involve an appeals specialist?
  • Defending an appeal
  • Appellate skills
  • Transition to appeal
  • Civil appeals process
  • Civil writs
  • Criminal appeals process
  • Supreme Court review
  • Appeals statistics
  • Appeals terminology
  • Flat fees for appeals
  • Frequently asked questions
  • Sample winning briefs
  • Appellate links
  • Santa Barbara mediation
  • Contact information

Defending an appeal

 The cost of defending an appeal is generally less than the cost of bringing one. There are fewer steps involved.

If you prevailed in the trial court, and are now faced with an appeal from the other side, you have the comfort of knowing that most appeals do not succeed. However, as pointed out elsewhere on this Web site, a significant minority do result in reversals or modifications. You do not want your case to be one of them.

The arguments in favor of hiring an appellate specialist to defend an appeal are as strong as if you are the party bringing the appeal. Success should never be taken for granted. No matter how sure you are of your case, your appeals lawyer should approach it as though it were a tough one — otherwise, complacency can set in, leading to unpleasant surprises.

Cross-appeals
Keep in mind that if you are defending a civil appeal, it may be advisable to bring a cross-appeal. This means that the party defending an appeal also files one of its own. This can be a good move if the extent of your success in the trial court was reduced because of an adverse ruling. If the other side’s appeal results in the matter being sent back for a new trial, your cross-appeal can ensure that the error that hurt you the first time around is not repeated.
 

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