A notice of appeal is one of the simplest documents to prepare, yet human nature ensures that careless mistakes will occur.
A notice of appeal is “sufficient” if it “identifies the particular judgment or order being appealed” and is signed. Cal Rules of Ct 8.100. But what happens when a notice of appeal neglects to name a party that intended to appeal?
One can easily imagine the harried lawyer who represents eight parties filing a notice of appeal that inadvertently names only seven of them, when the intent was for all eight to appeal. California’s rules require that a “notice of appeal must be liberally construed” (Cal Rules of Ct 8.100(a)(2)), but does that liberality extend to allowing an appeal by a party not named in the notice of appeal? Continue reading
Filed under: Appeals/Post-Trial Matters, Litigation Strategy | Tagged: notice of appeal, party names | 2 Comments »
Before negotiating a settlement, it is worthwhile to think about the client’s purpose in settling. Is it to right a wrong? To avoid litigation at whatever expense? To protect the client’s reputation or ensure confidentiality? Is it a combination of purposes? There are many valid reasons to settle a case, but they should be pursued only after counsel and client have considered a more fundamental purpose. 
