Preparing for Appeal, Consulting in the Trial Court. In cases with appellate potential, it is critical for a trial lawyer to preserve the client's appellate rights by raising issues properly in the trial court. To preserve potential issues and frame them effectively for appeal, trial attorneys consult with Mr. Temko on matters such as
research and drafting points and authorities, and
preparing trial briefs, and
requests for statements of decision, and
objections to statement of decision, and
post hearing and post judgment motions.
Should a Case Be Appealed, Evaluating the Case. Having lost the RFO hearing or trial, a spouse or parent s does not know whether it is worth pursuing an appeal. Mr. Temko can be retained to consult with trial counsel, review the trial court pleadings and transcripts and evaluate the merits of an appeal before it is filed.
Evaluation may include
cost considerations, and
other avenues to change the result without an appeal, and
appellate standard of review, and
rules on appeal, and
the appellate process.