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Statistically speaking, any appellant faces an uphill battle with less than a 50% chance of success. But, with those odds, why should a client ever appeal? Todd Smith and Jody Sanders answer this question, highlighting why appeals matter even when the odds might not point to success. The discussion focuses on how standards of review impact the appellate issues and chances of success, and other considerations to raise when counseling clients about the reasons to appeal (or not) a particular case. Whether for error correction, principle, or seeking new precedent, Todd and Jody discuss preliminary questions and issues that might affect how a court reviews a case or how an appellate strategy might change the way a case is prepared. Dive deep into this episode to understand the motivations behind these appeals and ways to help clients make these difficult decisions.
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