Most lawyers who handle appeals are familiar with the experience of pouring one’s heart out in a brief, carefully preparing for oral argument, sending a large, but completely justifiable bill to the client, and then losing the case in an unpublished per curiam that reads like the whole thing was trivial.

Of course, sometimes it was trivial. Lawyers become very invested in cases and it is not unusual for even very good ones to have expectations, on occasion, that are unrealistic given any fair assessment of the merits. This is especially likely to happen when counsel on appeal is also the lawyer who lost the case before the trial court. Even when the work was truly excellent it is hard not to feel somehow responsible for a losing effort, and whatever else that does to the lawyer’s psyche, the trauma does not exactly support objectivity.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]