Appellate Services
We invite you to read a short description of the Oregon appeal, written in plain english. Then, consider the services we provide to clients.
At Giers Olsson PC we limit our practice to appellate services. Our services include evaluating appeals, consulting with other lawyers on appellate issues, and representing clients on appeal. Judy Giers and David Olsson have more than 30 years' combined experience in appeals in Oregon's state and federal courts.
By limiting our practice to appeals, and limiting the number of appeals we take each year, we keep our overhead low. Our goal is to provide you with expert appellate services at a lower cost than you would pay for similar services at a large firm.
We are happy to provide the level of appellate services you need and will tailor our services to your specific situation. We will do this in a written engagement agreement that will spell out your responsibilities and ours.
Appellate Evaluations
We believe that one of the things you need if you are involved in an appeal is an objective evaluation of your chances of prevailing on appeal. Trial counsel is often too closely involved with a case to evaluate an appeal objectively—most trial lawyers recognize this. We come to your case fresh (like the appellate court will), and use our appellate expertise to evaluate the merits of your case. We will explain the appellate process, give you our best estimate of your chances for success on appeal, and estimate the costs and fees you will incur in getting there. After evaluating a case, we often advise clients not to appeal, either because we see no strong arguments on appeal, or because the costs of the appeal appear to outweigh the benefits. If we conclude that your appeal has merit, and you conclude that it makes economic sense, then we are happy to discuss with you our further involvement in your case. You have no obligation to hire us to handle your appeal.
We will evaluate your appeal for a flat fee, usually $2,000. An evaluation normally takes between 10 and 12 hours, and includes a written preliminary analysis of the critical facts, the errors at trial, whether those errors were sufficiently preserved, the chance of prevailing on appeal, and an estimate of what the appeal will cost.
Representation
We are happy to represent clients before the appellate courts. At your option, we will either associate in as counsel on the appeal, or substitute in as sole appellate counsel.
If we associate in as counsel, we will work with trial counsel to effectively and economically represent the client. We will act as lead appellate counsel and be ultimately responsible for briefing and arguing the appeal, but will work closely with trial counsel to take advantage of trial counsel’s familiarity with the facts and the procedure at trial.
We can, instead, substitute in as counsel, allowing trial counsel to withdraw from the case. If we substitute in, we will obtain a copy of the trial court file and confer with trial counsel as necessary, but otherwise will allow trial counsel to disengage from the appeal and move on to other matters.
Consultation
We will consult with trial counsel about appellate issues. Trial counsel continues as lead counsel while we provide consulting as needed to assist in preparation of the brief and other appellate issues. We are happy to assist with procedural questions, particularly those vexing questions about appellate undertakings and jurisdictional matters. We are also happy to help counsel identify and describe errors assigned, structure the brief, present the written argument clearly and concisely, and prepare for oral argument. We charge for consulting services on an hourly basis.
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Giers Olsson PC 1430 Willamette St. #562 Eugene, Oregon 97401-4049 Tel: 541.683.6528 |
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Available Appellate Services
- Appellate Consultation
- Appellate Evaluation
- Appellate Representation
- Amicus briefing("friend of the court")
Remember, at Giers Olsson PC we only do appeals. If you were trial counsel, you need not fear the loss of a client when referring to us on appeal. When the appeal ends, we return your client to you—safe and sound.

