Malpractice Trap

This first section of this topic relates to supersedeas bonds. If you are confused by the information here, read the article on undertakings.

Malpractice Arising from Supersedeas Bonds

If you are the respondent, be aware that the premiums paid by the appellant for a supersedeas bond or the costs of an irrevocable letter of credit are recoverable as costs on appeal. ORS 20.310(2). Client should be advised of this risk. Where a reversal is possible (where is it not?), think about whether there is some way to secure your judgment without requiring appellant to go to the expense of a supersedeas bond or ILOC.

Other Malpractice Issues with Appeals

The most often alleged forms of legal malpractice involve the failure to know a deadline, a failure to calendar a deadline or a failure to react to a calendared deadline. Other common problems include a failure to know relevant law, a failure to inform a client of the risks of appeal and a failure to obtain consent for filing an appeal.


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Eugene, Oregon 97401-4049

Tel: 541.683.6528


Find out more from Giers Olsson PC

Appellate work is very specialized. The attorneys at Giers Olsson PC have been involved in many appeals over the course of nearly 20 years. If you are dealing with uncertainties regarding an appeal, give us a call. We offer a free initial telephone consultation for clients and trial attorneys seeking assistance with an appeal. Let us help you develop the best possibility of success on appeal.

Appellate Practice Topics