A Guide to Prosecuting a Civil Appeal: When to Appeal, What to Raise, and How to Win

Appeals can be critical to achieving a favorable outcome for clients, even though success rates may be below 50%. This session examines why appeals matter, when pursuing one can significantly affect a client’s interests, and the strategic value of identifying appeal opportunities early.

This session distinguishes appeals following a final judgment from interlocutory appeals taken while litigation remains pending. It explores the circumstances in which each type may be available and the strategic considerations attorneys should evaluate before deciding how to proceed.

This session addresses when appellate strategy should begin in civil litigation, including identifying important issues the trial court may have missed or misunderstood. Topics include interlocutory appeals, waiting for judgment, developing a clear appellate record, and preserving issues for review.

This session examines the standards of review applicable to appellate issues and explains why understanding them is essential to effective appellate advocacy. It also considers how framing an issue may influence the applicable standard and potentially create a more favorable position.

This session explores waiver and forfeiture principles and why attorneys should consider them throughout every stage of litigation. It addresses post-trial motions, motions for reconsideration, preservation concerns, and plain-error review, with practical tips for avoiding procedural barriers to appellate relief.

This session focuses on selecting the issues that should be presented on appeal and the principle that less is often more. It examines how narrowing an appeal to the strongest, most consequential arguments can improve clarity, credibility, and the overall effectiveness of appellate advocacy.

This session addresses the importance of explaining the case carefully and comprehensively to an appellate panel that may not know the litigation as intimately as trial counsel or the trial judge. It provides practical guidance for presenting complex procedural and factual matters clearly.

This session examines how to develop an effective statement of facts, emphasizing completeness, clarity, and chronological organization. It explains why the factual presentation can significantly influence an appeal and how an unclear, incomplete, or poorly structured statement may undermine an otherwise strong appellate argument.

This session considers whether and when trial counsel should involve appellate counsel in a matter. It examines the potential benefits of early appellate involvement, including issue preservation and record development, as well as circumstances in which specialized appellate guidance may be particularly valuable.

This session addresses jurisdictional questions surrounding final judgments and the challenges that arise when it is unclear whether an order is immediately appealable. It also examines practical strategies for protecting appellate rights when uncertainty exists, including why pursuing two appeals may sometimes be preferable to one.