Your review of the judge’s final order identifies several challenges to the decision. Consumed with a sense of injustice, your client directs you immediately file an appeal. Your adversary also voiced dissatisfaction, signaling their appeal is in the offing. Does it matter who files first? Is there a difference in being the appellant or the respondent/cross-appellant? We think there are considerations that might impact this decision.

Before hitting “send” on the appellate efiling system, pause to give serious consideration of whether an appeal is the most efficient and effective way to obtain the best result. Typically, a motion for reconsideration is more economical than an appeal. Examine whether trial counsel created a good record and properly raised all legal arguments before the trial court. We emphasize that a motion for reconsideration does not give you a second bite at the apple, but it does give you an opportunity to highlight important facts or fix muddled or overlooked legal applications to assist the trial judge in reaching the correct result. Failing that, the focused presentation of facts and legal arguments in a reconsideration motion can crystalize a basis for reversal or highlight the grounds for rejecting arguments you anticipate your adversary may make on appeal.

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