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Parties dissatisfied with a court or tribunal decision often have the right to appeal to a higher level court. However, appeals are demanding and complex matters, involving various stages and important advocacy issues. The following is a brief review of the major elements of the appeal process and the typical costs of an appeal.
It is important to consider the merits of an appeal at the outset of the appeal process. Our firm is able to provide objective, researched assessments of lower court and tribunal decisions to assist in the decision of whether to commence or maintain an appeal.
A key component of any appeal is organization. There are time deadlines that must be followed, and documents must be well organized. There are many complex rules requiring the organization and filing of appeal documents. When an appeal is heard, the time for oral argument is often limited, and valuable time may be lost if key documents or case law are not readily available. Our firm has significant experience in appeal preparation and organization.
The importance of written advocacy in appeals cannot be overstated. In most appeals, parties are required to submit a written "factum" which outlines the relevant facts, law and argument. Usually the justices have an opportunity to review the written material in advance of the appeal hearing. Often judicial panels hearing appeals effectively accept counsel’s arguments as stated in the facta. Furthermore, it is not uncommon for the justices who have read the facta and other documents to be more knowledgeable about the facts of the case than counsel themselves!
Our firm strives to put our client’s “best foot forward” by conducting a thorough review of the facts, undertaking comprehensive legal research, and taking the time to write the most compelling factum possible.
Oral advocacy on appeals is a unique art. It differs greatly from trial advocacy. In most appeals there is little dispute about the facts, and usually few surprises. However, extensive preparation for the appeal hearing is required to ensure counsel have command of the facts and law, and are prepared for difficult questions from the appellate judges, most of whom are very experienced and have a wide knowledge of the law. Counsel cannot “wing it”, and cannot expect to simply read from their factum. Advance preparation and knowledgeable, respectful, persuasive oral advocacy is essential to maximize the chances for success on an appeal.
In most appeal matters, there are time limits governing the filing of a Notice of Appeal, and further time limits to file documents. These time limits must be adhered to, and failure to do so may result in the dismissal of the appeal.
A financial retainer is required before we can agree to perform work for you. Unfortunately, the nature of an appeal is such that a great deal of the work has to be performed within a relatively short period of time (i.e. a few months) from the decision from which an appeal is sought. Accordingly, a full financial retainer is required at the outset before services may commence on your behalf.
Every appeal is different, and the cost for appeals will depend upon the issues involved, their complexity, the amount of evidence at the original hearing, etc.. A typical range for the cost of an appeal may be $20,000.00 to $30,000.00.
If the appeal is successful, a portion of the costs may be recovered from the opposing party.
In some circumstances, a “Limited Scope Retainer” can be arranged such that, for a much smaller amount, an initial opinion on the merit of the proposed appeal will be provided (if there is sufficient time) and a Notice of Appeal drafted with instructions as to service and filing. This allows the client to protect their rights by filing the Notice of Appeal within the time deadlines and to then determine if it is appropriate to proceed with the appeal. In these cases this firm will not be the lawyer of record and the client remains solely responsible for all procedural requirements, etc. until a further retainer is agreed upon and signed.
If you believe our firm may be of assistance to you, please contact us.