Although appellate courts affirm trial court rulings far more frequently than they reverse them, savvy litigators know that it's far from a risk-free proposition to represent on appeal the party that won below. The challenge is made all the more daunting by the possibility of an appellee committing waiver on appeal. Commentator Howard J. Bashman examines some possible scenarios.
January 28, 2008 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Related: Bashman Archive
Statistically speaking, when a case is headed to appeal, it’s preferable to be the attorney for the party that won in the trial court. That’s because appellate courts affirm trial court rulings far more frequently than they reverse them.
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