Section 1.1 Introduction

• Library: App Ct Prac 2015 Supp

I. (§1.1) Introduction

This chapter begins at the point when a trial court has disposed of the case. The outcome was either adverse to or inadequate for the client. Counsel must advise the client to appeal or not to appeal (or to cross-appeal or not to cross-appeal). This chapter discusses how to evaluate the case for appeal. Once it is determined that counsel can appeal, the question is “Should I appeal?” To assist in answering that question, this chapter explores the nature of the appellate process, standards of review, analysis of trial error, practical considerations, and ethics.

In dealing with ethics, this chapter addresses the attorney’s obligations to the client and to the courts. On the topic of whether new counsel...