§ 12.6 Working with The Standard of Review

• Jurisdiction: Washington

§12.6 WORKING WITH THE STANDARD OF REVIEW

Counsel should identify the appropriate standard of review as early in the appeal process as possible. Different standards will control different issues. The standard of review is highly relevant in advising the client as to whether to pursue an appeal, and as to the prospects for successfully prosecuting or defending an appeal. The standard of review is also very important in guiding the selection of the best issues for appeal and helping to focus the research and writing of appellate briefs.

Counsel should study recent cases dealing with the same or similar issues to identify the standard of review. Do not rely on headnotes or digests, which often do not address the standard of review. It is necessary to analyze the opinions (which may not always clearly identify the standard of review being...