Trial is over, and it’s time for someone to appeal. No lawyer should make the rookie mistake of thinking the appellate court’s standard of review is simply boilerplate that must appear in the appellate brief. It’s not. It can make or break a case.
To increase the chances of success on appeal, the smart attorney needs to understand the importance of the standard of review, then identify the correct standard early in the appellate process and fully incorporate the standard into the argument.
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