Appeals

Appellate Practice Group in Greensboro, North Carolina

If you received an unfavorable judgment, verdict, or ruling, the next step is not always “try the case again.” Appeals are different. An appeal is a focused legal process where a higher court reviews what happened in the trial court to determine whether the law was applied correctly and whether legal or procedural errors affected the outcome.

At Higgins Benjamin, our appellate attorneys help clients throughout North Carolina evaluate whether an appeal makes sense, preserve issues for review, and present clear, persuasive written and oral arguments to the appellate courts.

Talk with an appellate lawyer about your options.

What Is an Appeal?

An appeal is not a new trial. Appellate courts generally decide questions of law—not disputes about witness credibility or reweighing evidence. Instead, they review the existing record and determine whether the trial court made a legal or procedural mistake that affected the result.

Because the rules and standards in appellate courts differ from trial practice, it can be helpful to work with counsel who regularly handles appeals and understands how to:

Identify appealable issues
Apply the correct standard of review
Build the argument around the record
Present a tight, well-supported brief that follows the Rules of Appellate Procedure

Choosing an Attorney for Your Appeal in North Carolina

Even if your trial attorney worked hard and represented you well, appellate work is a distinct discipline. The strongest appeals often come down to issue selection, meticulous legal research, strict compliance with appellate rules, and persuasive writing.

A fresh set of eyes can matter. Trial counsel may be deeply immersed in the litigation history; appellate counsel can step back, review the record and rulings, and focus on the issues most likely to move the case.

Need An Experienced Appeals Attorney?

Appeals can be won or lost on what is included in the record, how issues are framed, and whether arguments are properly preserved and presented. Appellate courts are not required to search the record for you; the burden is on the appellant to raise and argue the issues correctly.

Our team can help you evaluate:

Whether you have appealable legal error
Whether the record supports the arguments you want to raise
The practical risks, costs, and likely timeline
Whether a negotiated resolution is possible while an appeal is pending

Criminal Appeals and Post-Conviction Relief

Appellate representation may be appropriate after a conviction or adverse ruling in a criminal matter. Depending on the posture of the case, options may include a direct appeal or post-conviction relief strategies.

Because criminal appellate pathways can be time-sensitive and procedurally complex, speaking with counsel early is often critical.

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Civil Appeals

Civil appeals can arise from many types of disputes, including business litigation, employment matters, fiduciary and estate disputes, and other civil rulings.

In a civil appeal, the appellate court reviews the record of what occurred in the trial court and determines whether errors of law or legal procedure affected the outcome.

We help clients pursue or defend civil appeals involving issues such as:

Summary judgment and dispositive motions
Contract and business disputes
Injunctions and other equitable relief
Statutory interpretation and procedural rulings
Preservation of issues for appeal

Appellate Co-Counsel Services

Many trial lawyers prefer to bring in appellate co-counsel—sometimes for a second opinion, sometimes for briefing, and sometimes for oral argument. This approach can strengthen a case by adding appellate-focused strategy while keeping trial counsel involved.

We can assist trial teams with:

Issue spotting and preservation strategy
Preparing the record on appeal
Brief writing and motion practice
Oral argument preparation and presentation

Amicus Curiae Briefs

In certain cases—especially those involving broader legal principles—amicus (“friend of the court”) briefs can help appellate courts understand the larger implications of a ruling. When appropriate, we can advise on amicus strategy, coordination, and brief preparation.

How Much Does an Appeal Cost?

The cost of an appeal depends on factors like the complexity of the issues, the length of the record, transcript needs, briefing requirements, and whether oral argument is pursued.

In most cases, a responsible estimate starts with a review of:

The order or judgment being appealed
The procedural timeline and deadlines
The likely scope of the record and transcripts
The number and complexity of issues

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What to Expect in an Appeal

While every case is different, most appeals involve a few core phases:

Initial evaluation & strategy (What issues are appealable? What is the standard of review?)
Notice of appeal & deadline control (Appellate deadlines can be unforgiving; the Rules of Appellate Procedure govern the process.)
Record on appeal & transcripts (The appellate court reviews the trial record—not new evidence.)
Briefing (Written argument is usually the centerpiece of the appeal.)
Oral argument (in some cases) (A structured opportunity to answer the judges’ questions and clarify your position.)

The North Carolina Court of Appeals explains its role as reviewing trial-court proceedings for errors of law or legal procedure and deciding questions of law rather than fact.

Why Hire Higgins Benjamin for Appellate Advocacy?

Clients come to Higgins Benjamin for appellate representation because they want:

Careful legal analysis grounded in the record
Clear, persuasive writing and disciplined issue selection
Experience in complex civil disputes and trial-level strategy
A professional, responsive team that treats your appeal like it matters—because it does

Our Appellate Attorneys

Related Practice Areas

Request a Consultation

If you are considering an appeal—or need to respond to one—contact Higgins Benjamin to discuss your options, deadlines, and strategy. The earlier you involve appellate counsel, the more options you may have for protecting your position.

FAQ

How long do I have to file an appeal in North Carolina?

Deadlines depend on the type of case and court, and the Rules of Appellate Procedure apply. In many civil cases, there is a 30-day appeal timeframe, and missing deadlines can be fatal to an appeal. (North Carolina Courts)
Because timelines can vary, speak with counsel immediately.

Is an appeal a new trial?

No. Appellate courts generally decide questions of law and review trial-court proceedings for errors of law or legal procedure, rather than retrying the facts. (North Carolina Courts)

What issues can be raised on appeal?

Appeals typically focus on legal errors—such as incorrect legal standards, procedural errors, or rulings that affected the outcome. Your options may be limited by what was preserved in the trial court and what is contained in the record.

Will there be oral argument?

Some appeals include oral argument; many are decided on the briefs. Whether oral argument is granted or helpful depends on the court and the case.

How much does an appeal cost?

Costs vary based on complexity, record size, transcript needs, and briefing/oral argument. A meaningful estimate usually requires review of the order/judgment and the likely record.

Can you work with my trial attorney?

Yes. Appellate co-counsel arrangements are common. We can assist with issue selection, record preparation, briefing, and oral argument while coordinating with trial counsel.