What Family-Law Trial Lawyers Should Know about the Appellate Process

Most family law cases stay at the trial court level, but not all do. Appellate issues can come up unpredictably. Whether your client might benefit from an appeal, or might benefit from avoiding an appeal, what happens in the trial court has a critical effect on the appellate lawyer's ability to either reverse a bad ruling against your client, or hold on to the client's win. Even attorneys who may never set foot in an appellate court need to have a practical knowledge of the appellate process, such as how to identify an issue that might interest the appellate court, how to structure the record to preserve it for appellate review, and how to coax useful findings of fact from the trial judge to encourage (or discourage) an appeal. 


Join Judge Rebecca Duncan of the Oregon Court of Appeals and family & appellate lawyer Laura Graser as they discuss issues, such as:

  • Using recent appellate cases, and the appellate standard of review, to frame your trial court arguments;
  • Strategies and practice tips for optimizing the record in the trial court;
  • Considering whether and when to bring an appeal, or a cross-appeal;
  • Filing (and e-filing) - and serving - notices of appeal;
  • The obligations of trial attorneys and trial courts to ensure that trial exhibits are available for appeal;
  • What the trial judge rule on while an appeal is pending, and what judgment enforcement actions are permissible (or prohibited) while an appeal is pending;
  • The types of issues that are most likely to result in successful appeals.

Date & Time
Thursday, January 21, 2016, 3:00-5:00pm
World Trade Center Mezzanine, Building 2, 26 SW Sa
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