Loeb & Herman, S.C. ::: Practice Areas::: Appellate Practice

Appellate Practice

In certain cases, appealing the judgment of a lower court may be in the best of interests of our clients. The legal process is not perfect and judges, like all human beings, make mistakes in their application of the law. Correcting for such errors is the role of courts of appeals, and, if justified, we will appeal our clients cases to higher courts.

What Do I Need to Know
About Appealing My Case?

In response to the exponential rise in litigation during the second half of the 20th century, most states, including Wisconsin in 1978, instituted an intermediate-level court of appeals to liberate the state supreme court from resolving every pedestrian appeal, so that the supreme courts could concentrate their resources on matters of statewide importance.

The 16 judge Court of Appeals, is divided into four geographical districts throughout the state. The Court of Appeals typically considers cases in panels of three judges and is responsible for appeals from the circuit courts within their district. Most final orders of the circuit court are appealable as a matter of right to the Court of Appeals. On average, the Court of Appeals hears oral arguments in only 2% of their cases. The balance of their cases are submitted solely on the briefs drafted by the parties' attorneys.

The seven justice Supreme Court, headquartered in Madison, considers cases as a single body, unlike the smaller Court of Appeals panels. Although there are generally four avenues by which cases reach the Supreme Court, in almost all instances, the Court has the sole discretion to accept or decline to review a case. The Supreme Court maintains a very exclusive docket, deciding approximately 120 cases annually. Of those 120 cases, it is uncommon for more than two to be in the area of the family law. The Supreme Court's primary mission is the interpretation and development of the law, as opposed to the error-correcting function of the Court of Appeals. Oral arguments are heard in essentially all cases on the docket.

How Can Loeb & Herman Help?

Loeb & Herman, S.C. has significant family law experience in both levels of the Wisconsin appellate court system. Not only does our firm handle appeals from clients that we represented in the circuit courts below, but attorneys from around the state oftentimes refer their own clients to us for appellate representation. Additionally, our firm has experience in amicus curiae ("friend of the court") representation of individuals, organizations and associations that desire to have their positions advocated in important matters before the appellate courts, but are otherwise not parties to the action pending before that court.

Frequently, we are engaged by attorneys and their clients to provide strategic consulting solutions and co-counseling relationships in significant family law cases in the circuit and appellate courts throughout Wisconsin.

To learn more about the court seals on this page, as well as the Wisconsin Court system, its history and online resources, we encourage your to explore the Wisconsin Court System Web Site.

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Milwaukee, WI 53202-4868
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