What are some factors that influence a decision to appeal?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Jul 16, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
The objective of the appeal should be an important factor in deciding on an appeal. Is your goal to seek a new trial? Is it to reduce the amount of damages? Is it to buy time? Is it to establish a new legal principle? Or, are you seeking leverage for some compromise or settlement arrangement? As it is quite common for the winning party to discount slightly a judgment or to agree not to collect court costs in order to persuade the loser not to appeal, you may be able to benefit should you negotiate not to appeal.
If you are convicted in a criminal case and are going to be spending years in jail you may decide to appeal as “what is there to lose”? On the other hand suppose yours is a civil case involving an issue of recurring importance to your business (such as the size of type you used in your contracts). Suppose also that you believe the judge’s instructions to the jury were wrong and as a result you lost, but damages were small, and there was no published decision. If you appeal you risk having an appellate court find what may be used against you in other cases and/or generate adverse publicity.