Why Appeals Fail Before Filing – and How Legal Teams Can Fix It

The outcome of an appeal can be shaped months, or even years, before a notice of appeal is filed. Decisions made throughout litigation, from preserving objections to building the record, can determine which arguments remain available if a case ultimately reaches an appellate court. In a recent article for Today’s General Counsel, Woods Rogers attorneys Thomas Chappell and Scott Koven explain why legal teams should consider appellate strategy from the beginning of litigation rather than waiting for an adverse judgment.

Thomas and Scott review how the applicable standard of review can affect an appeal, why issues must be properly preserved at the trial court level, and when involving appellate counsel earlier in a case may be valuable. They also discuss practical considerations for legal departments, including the costs of an appeal, potential bonds and post-judgment interest, and the importance of weighing those factors alongside the likelihood of success.

The authors provide a “Day One Appellate Checklist” to help legal departments and trial counsel identify potential appellate issues, protect the record, and revisit appellate considerations at critical stages of a case.

Read Thomas and Scott’s full article in Today’s General Counsel.