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Appellate Practice

Jan. 16, 2015

The high cost civil appeal problem

While convicted Californians are guaranteed assistance of counsel in an appeal, a civil litigant must fend for him or herself when confronted with a life-changing judgment. Let's change that.

Paul S. Berger

Research Attorney
3rd District Court of Appeal

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The state of California guarantees that every individual who is convicted of a felony is entitled to the assistance of counsel in seeking appellate review of his or her conviction. Those who cannot afford a lawyer are entitled to a free appeal at state expense.

On the other hand, an individual whose life may be devastated or irretrievably altered by a flawed civil judgment (especially in family law cases) is left hanging out to dry. Except for the rare case in which pro bono appe...

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