Bar Bulletin

Bar Bulletin

always Appealing: Recovering Attorney Fees on Appeal

March 2022 Bar Bulletin

By Howard M. Goodfriend

Clients quite reasonably want the other side to pay their attorney fees. What is true for the client who has lived through trial court litigation, is doubly true for the client facing an appeal. While the substantive law pertaining to attorney fee awards on appeal is substantially the same as in the trial court, the procedural aspects of securing an award of appellate fees present a trap for inexperienced counsel. This article is intended to help counsel who only occasionally practices in the appellate courts avoid those procedural pitfalls.

A. Fees on appeal are available when they are available in the trial...

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