The appeal
Simply put, an appeal occurs when a client has lost or won in the first instance (at the trial court level) and wants to have that decision overturned or upheld by a higher court.
Civil appeals can involve several areas of law: breach of contract, fraud, matrimonial, commercial or real estate disputes, to name a few. A civil appeal can be filed even before a final judgment or final order is rendered. Although the litigation is not over, the decision on such an appeal may be decisive for the outcome of the case, in favour of either party. Appeals may arise from a motion to dismiss or a motion for summary judgment. These motions may end the case at the procedural stage or after discovery, without a trial.
An appeal may be essential if a party feels that their case was dismissed prematurely, before they had a chance to assert their rights in court. Conversely, when an appeal is being considered, it is relevant to seriously consider the option of abandoning the case, given the high costs that such an approach can represent.
Professionalism
Accompaniment
Devotion
Determination
Cheer up
Confidence
experience
Reactivity
Legal representation
Civil law
Consultation
Advocacy
Effective advocacy
Regulation
Civil liability
Judicial recourse
Cost
The cost of an appeal can be either a simple objection to the opposing party's appeal, or the complete management of an appeal, including drafting the appeal, responding to the objection, and sometimes a reply proceeding. Legal fees for either party can range from $5,000 to $15,000, depending on the size of the case. These fees can be even higher for complex cases or for multiple appeals in the same case.
Also added are the costs of preparing the appeal book, which generally contains only the documents filed at trial. No new facts may be presented on appeal. The Court of Appeal only looks at the facts already before the lower court in making its decision or assessing its validity. The process involves compiling the file, writing the briefs, and submitting all supporting documents. The cost of filing the appeal record can be up to $2,000.
Probability of success
On average, appellate courts conclude that trial courts did not make a manifest error in their assessment of the facts. However, they may overturn a decision if, among other things, they find an unreasonable assessment of the facts or a misinterpretation of the applicable law.
PROFESSIONAL ACTS
Legal management
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