Appellate Advocacy
As part of our firm’s commitment to be a full service business law firm, we routinely represent clients in appellate matters. Our litigation attorneys have experience in representing clients before the Arkansas Court of Appeals, the Arkansas Supreme Court, the United States Court of Appeals for the Eighth Circuit and other circuit courts of appeal as needed. We handle appeals in which we have represented the client in prior proceedings in the case, but we also handle cases in which the client wishes to engage our firm only for purposes of appeal.
Whether a client has lost a case in state or federal court, there are strict requirements on the timing and form of an appeal. For instance, there are strict requirements on the timing of filing a notice of appeal and the time in which a party must tender the record of the case to the appellate court.
When considering whether to appeal an adverse decision in a case, clients often ask several questions, including “How much will an appeal cost,” “How long will it take,” and “What are my chances of success”. The answers to these questions vary with the facts and circumstances surrounding each case, but there are some general guidelines collected from our experience in handling appeals. First, from the time a notice of appeal is filed until an appellate decision is made is typically 12 to 18 months, depending on the appellate court’s schedule and docket. Next, with respect to a party’s chance of success on appeal, this question has no obvious answer. The likelihood of success depends on the facts and circumstances of each case and, may be affected significantly by the applicable standard of review used by the appellate court, which means the level of deference the appellate court gives to the decision made by the judge or jury in the case being appealed.
Because of the strict requirements in the timing and form of an appeal and because the decision to appeal is, in many cases, a cost-benefit decision, if you have lost a case at trial or in pre-trial proceedings and wish to appeal, you should contact an attorney immediately to ensure that your appellate rights are preserved.
