Answers to key questions about referring appeals to Storm Appellate Law
Why refer an appeal?
Time: Drafting a major appellate brief requires hours dedicated to record review, research, and writing. Referring the appeal allows you to stay on top of your current trial caseload.
Experience: Appeals involve strict jurisdictional timelines and a mistake can waive your client’s rights. I deal with those deadlines every day.
Detachment: I review the record with the same detached, analytical point of view as a reviewing court.
When should I contact Storm Appellate Law?
Contact us as soon as the final judgment is entered, or even earlier, if possible. Managing the strict appeal timelines in Illinois Supreme Court Rule 303 and Rule 307 require immediate coordination. If a stay pending appeal under Rule 305 is needed, timely involvement of appellate counsel becomes even more important.
Do you handle appeals anywhere in Illinois?
Yes. Storm Appellate Law handles appeals from any circuit court (trial court) in Illinois, including Chicago, the collar counties, and downstate circuits.
Can we co-counsel on appeal?
Storm Appellate Law offers flexible structures, ranging from complete management of an appeal, to co-counsel arrangements, to consulting on specific limited points or issues.
How are referral fees structured?
We provide referral fees in accordance with Illinois Rule of Professional Conduct 1.5.
How do you charge?
I will often handle appeals on a fixed-fee basis whenever possible. If I cannot obtain sufficient information at the beginning of a case to establish a reasonable fixed fee amount, then I will ordinarily charge on a hourly basis. Regardless of the type of fee, we maintain time and billing records to comply with Illinois Supreme Court Rule 300.
What is the screening process for a potential appellate matter?
Storm Appellate Law can handle only a limited volume of appeals. Before accepting representation, I independently assess each potential matter to determine whether there is a meritorious basis for an appeal and whether I can handle the matter efficiently in light of my existing caseload.
I want to appeal a judgment that was entered more than 30 days ago. Can I?
Probably not, but please call to discuss your individual situation.
Do you represent both appellants and appellees?
Yes, I have represented both appellants (the party starting the appeal) and appellees (the party responding to the appeal), as well as intervenors, and amicus curiae (“friends of the court”).
What is your appellate win-loss record?
I have handled well over 100 appeals. No appellate lawyer can ethically discuss a so-called “win-loss record” because such numbers are meaningless without knowing the context. For example, due to the nature of the appellate process, statistics show that appellees win on appeal much more frequently than appellants. Accordingly, a lawyer who has represented many more appellees over the course of his or her career will probably have a much larger percentage of “wins” than a lawyer who has represented many more appellants.
My appeal is before a court in downstate Illinois. Is it going to cost more to hire an appellate lawyer from the northern part of the state?
Probably not. Our experience shows that there is not a great difference in the level of legal fees to handle appeals charged by competent and experienced appellate lawyers in different parts of the state. Appellate records and briefs are e-filed, so the cost of those services does not vary with the lawyer’s office location. Where necessary, we will use standard shipping and mailing services, regardless of where the appellate court is located and the charges will not vary greatly depending upon the part of the state where the court is located. The important consideration is selecting the right lawyer for your case, regardless of where the court is located.
How long does an appeal take?
Under court rules, briefing on a typical Illinois Appellate Court appeal should be completed 21 weeks (almost 5 months) after the notice of appeal is filed. However, extensions of time due to such things as an incomplete record are common and will extend the time period to complete the appeal. The appellate court will usually issue its decision from 3 to 6 months after an appeal is fully briefed, but there is no assurance that the court will act within that period.
Can my appeal be decided faster?
Possibly. The rules provide that some types of cases (injunctions and child custody matters, for example), move faster than the typical timetable. However, it is rare for the court to choose to accelerate a case that is not fast-tracked by the rules.
Can a case be settled even after an appeal is filed?
Yes. Several appellate court systems have mandatory or optional arbitration procedures. I have settled a number of cases at various stages of the appeal process. However, if you choose to appeal, you should assume that the appeal will proceed until the court issues a decision and will not settle.
Will you keep me informed during the appeal?
Absolutely! I update the client and referring counsel updated at each significant step of the process and advise on what to expect next.
Do you charge to review a case to determine whether an appeal is feasible?
Generally not. I will review a case free of charge to advise whether I can undertake the representation. However, if a more in-depth assessment is required concerning such things as a complex jurisdictional issue or whether an appeal on certain issues may be meritorious, then I may charge for that analysis on an hourly basis.