Section 1.9 Client’s Motivations

• Library: App Ct Prac 2015 Supp

1. (§1.9) Client’s Motivations

The motives of a client who is considering an appeal are dealt with here not because psychology is of particular interest. Rather, a realistic appraisal of the client’s motivation can help counsel address the ethical questions involved and answer the question, “Should we appeal?”

The primary factor is often financial. Plaintiffs mentally “spend” their fondly anticipated judgment proceeds. Some defendants face financial disaster when they have a judgment taken against them. For either party, not to appeal is to accept a loss for which they may not be emotionally ready and which they may feel they cannot morally accept.

Another factor is humiliation. Everyone hates to lose. An unfavorable disposition in court can be emotionally crushing. Especially in cases in which the parties testify and know each other personally, some people take the adverse (or inadequate) judgment...