LawBank Lunchtime Webinar: Should I Appeal? Evaluating Your Client’s Chances of a Successful Appeal with Jennifer Schaffner
On July 21, 2020, LawBank member Jennifer Schaffner hosted a lunchtime presentation titled, “Should I Appeal? Evaluating Your Client’s Chances of a Successful Appeal.” Jennifer is a family law and appellate law attorney, and a former staff attorney for the Colorado Court of Appeals. She has over 20 years of experience in litigation and appeals, and founded her own practice, Schaffner Law, in 2017.
This lunchtime program provided insight into the process of taking a case through the court of appeals and how to analyze whether to take a client’s adverse outcome through the appeals process. According to Jennifer, the time from docketing to opinion takes an average of 603 days. This timeline should be shared with clients when advising them of the length of time it takes to get completely through the appellate process. However, juvenile cases are typically expedited. Jennifer discussed how appellate opinions are drafted, including the help of staff attorneys in the court system. Another topic of discussion was the fact that oral argument is not required, but freely granted and either side can request it. Oral arguments are live streamed and are archived on the court’s website. Jennifer also reviewed circumstances when you can have your attorney’s fees covered in an appeal.
Jennifer provided advice for considering preserving the record for appeal during trial, emphasizing that this helps your client. She also covered issues of finality. If a case is over and they decide you don’t have a final order, the court of appeals will dismiss the appeal. However, there is no harm in filing early. Jennifer covered evidentiary rulings before concluding with explaining the costs of an appeal. She gave information on what affects the costs of an appeal, including trial transcript costs.
If you are interested in viewing the full presentation, click here. To view upcoming programs hosted by LawBank, visit the events page.
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