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Feb. 19, 2024

To Appeal or Not to Appeal? Ten Considerations Guiding Whether to Appeal from the Trial Court in North Carolina

By Lorin J. Lapidus, D. Martin Warf

North Carolina State Bar Journal

In the Spring 2024 edition of the NC State Bar Journal, Nelson Mullins appellate lawyers Lorin J. Lapidus and Martin Warf authored an article titled, "To Appeal or Not to Appeal? Ten Considerations Guiding Whether to Appeal from the Trial Court in North Carolina." This State Bar publication which reaches roughly 36,000 lawyers in North Carolina raises an important threshold question which is not readily addressed in the existing literature- Is it a good idea to take an appeal? "While there is no magical appellate formula, exploring the answers to the following ten questions should provide helpful insight to assist lawyers and clients alike to make an informed decision about whether to file an appeal," the duo wrote. Warf and Lapidus run some version of this calculation on an almost daily basis, and sought to add value by sharing that insight with a broader audience.

Warf and Lapidus are North Carolina Board Certified Appellate Practice Specialists who maintain vibrant appellate practices in North Carolina and beyond. The pair not only advocate for clients in appellate courts but also serve as embedded appellate counsel to assist trial counsel with pursuing critical motions, lodging objections, and ensuring proper error preservation.