Appellate Practice
An appeal is not a second trial; it's a different discipline, won on the written record, the standard of review, and the law, not on new evidence or fresh arguments. We handle appeals before Washington's appellate courts for both sides, and we help trial counsel preserve the issues that make an appeal possible.
Talk to an attorneyFounded
1965
Attorneys
11
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Founded
1965
Attorneys
5
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Appellate lawyers for Bellevue and Seattle litigants
Oseran Hahn handles civil appeals before the Washington Court of Appeals and Supreme Court, and supports trial teams in protecting the record an appeal depends on. Appellate work is its own craft: it turns on what was preserved below, the standard the appellate court will apply, and the quality of the written brief, rather than on retrying the facts. We represent appellants seeking to overturn a judgment and respondents defending one, pursue and oppose discretionary review, and bring an appellate perspective to cases still at trial.
An appeal is a focused argument that the trial court got the law wrong, made on the record that already exists. We prosecute and defend appeals of right before Washington's appellate courts. We frame the case around the standard of review and the errors actually preserved below, which often decides the outcome before briefing begins. We write the briefs and argue the cases, where appeals are won or lost. We pursue discretionary review, reconsideration, and Supreme Court review when the ordinary appeal isn't available. And we work with trial counsel to protect the record while a case is still in the trial court.
Appeals to Washington's appellate courts
Most civil appeals in Washington proceed as a matter of right from a final judgment to the Court of Appeals, with the possibility of further review by the state Supreme Court. The process is governed by the Rules of Appellate Procedure, and it begins with a hard deadline: a notice of appeal generally must be filed within thirty days of the judgment (RAP 5.2), and missing it usually forfeits the appeal entirely. We handle the appeal from that first filing through decision, designating the record, meeting the briefing schedule, and presenting the case to the panel. We represent appellants working to reverse or modify a judgment and respondents working to preserve a favorable one, which call for different strategies built on the same record.
Standards of review and preserving error
Appeals are won and lost on two things that have little to do with who should win on the equities: the standard of review and whether the error was preserved. Appellate courts review pure questions of law freshly, but they defer heavily to the trial court on discretionary rulings and on factual findings supported by substantial evidence, so identifying the right standard for each issue is half the battle. Equally important, an appellate court generally won't consider an argument that wasn't raised below (RAP 2.5), which means many appeals turn on what trial counsel did or didn't preserve. We assess these threshold questions first, because they determine which arguments are realistically available and which are already lost.
The brief and oral argument
Appeals are decided primarily on the written brief, which makes appellate writing the core of the practice. A strong brief frames the issues precisely, marshals the record, states the governing standard of review, and presents the law in a way that gives the court a clear and principled path to the result we seek. We invest heavily in the brief, because by the time of argument the judges have read it and largely formed their views. Oral argument then becomes a chance to answer the court's real concerns, and we prepare for it by anticipating the questions the panel will actually ask. Clarity and credibility, not volume, are what move appellate judges.
Discretionary review, reconsideration, and Supreme Court review
Not every adverse ruling waits for a final judgment, and not every appeal ends at the Court of Appeals. We seek and oppose discretionary review of significant interlocutory rulings, where an immediate appeal is allowed only on specific grounds (RAP 2.3), and we handle motions for reconsideration of appellate decisions. When a case warrants it, we petition the Washington Supreme Court for review, which it grants selectively and largely for issues of broad public importance or conflicting decisions (RAP 13.4). We also handle the post-trial motions that precede or substitute for an appeal, including motions for a new trial and for relief from judgment (CR 59 and CR 60). Knowing which avenue fits a given ruling is its own form of strategy.
Protecting the record, and federal appeals
The best appellate work often happens before there's an appeal. We consult with trial teams while a case is still being tried, to make sure the objections, offers of proof, and motions that preserve an issue for review are actually made, because an argument that wasn't protected below usually can't be raised on appeal at all. That trial-court support, framing jury instructions, building the record, and positioning the dispositive legal issues, frequently determines whether an appeal is even viable. We also handle civil appeals in the federal system before the Ninth Circuit, and we contribute amicus briefing where a client has a stake in how an appellate court resolves a broader question.
Sixty years of Pacific Northwest litigation, with lawyers who handle the appeal as a distinct discipline rather than a continuation of the trial. We know appellate courts decide cases on preserved error, the standard of review, and the brief, and we build every appeal, and every record we help protect, around those realities.
We treat appeals as their own craft.
An appeal is not a retrial; it's argued on the record and the law to judges who've read the briefs. We bring the focused writing and issue discipline that appellate advocacy actually rewards.
We protect the record before it matters.
Most appeals are won or lost at trial, when issues are preserved or waived. We work with trial counsel early to make the objections and offers of proof that keep an appeal alive.
We pick the right avenue.
Appeal of right, discretionary review, reconsideration, a petition for review, each fits a different ruling. Choosing correctly, and meeting the deadlines, is often the difference between a heard appeal and a lost one.
The attorneys behindthe work.
Our business and corporate attorneys handle this work alongside our litigation team, so you have coverage whether your matter stays transactional or becomes something more.
What clientsask us first.
How long do I have to appeal in Washington?
For most civil judgments, thirty days from entry of the judgment to file a notice of appeal (RAP 5.2). It's a strict deadline, and missing it generally ends the right to appeal, so the time to evaluate an appeal is immediately after the judgment, not weeks later. Certain post-trial motions can affect the timing, and some orders require seeking discretionary review on different timelines. Because the deadlines are unforgiving, the safest course is to consult appellate counsel right away when a judgment goes against you.
Is an appeal just a second chance to argue my case?
No, and that's the most common misunderstanding. An appeal is not a retrial; you generally can't introduce new evidence or make arguments you didn't make below. The appellate court reviews the existing record to decide whether the trial court made a legal error that matters, applying a standard of review that often gives the trial court significant deference. Appeals succeed by showing a specific, preserved error under the right standard, not by re-arguing the facts. We assess honestly whether your case has that kind of issue.
What are my chances on appeal?
It depends heavily on the standard of review and what was preserved. Issues reviewed fresh as questions of law have a real chance; rulings reviewed only for abuse of discretion, or factual findings backed by substantial evidence, are much harder to overturn, because the appellate court defers to the trial judge. Whether the error was preserved below matters just as much. We evaluate those factors candidly at the outset, because a clear-eyed read on the odds is more valuable to you than optimism in deciding whether an appeal is worth pursuing.
Can I appeal before the case is over?
Sometimes, through discretionary review. Most appeals come after a final judgment, but a party can ask the appellate court to review certain significant rulings mid-case, and it's granted only on specific grounds, such as an obvious error that would change the proceedings or an issue of substantial public importance (RAP 2.3). Discretionary review is the exception, not the rule, and it's granted sparingly. We assess whether an interlocutory ruling meets the standard and, if it does, whether seeking immediate review actually serves your interests or is better raised after final judgment.
We have a trial coming up. Why involve appellate counsel now?
Because most appeals are won or lost at trial. The appellate court generally won't consider an argument that wasn't properly raised and preserved below, so the objections, offers of proof, and proposed jury instructions made during trial are what create, or forfeit, the issues for appeal. Bringing appellate counsel in during or before trial helps ensure the record protects your key positions and frames the dispositive legal questions cleanly. It's far cheaper to preserve an issue at trial than to discover, after a loss, that it was waived.
Should I file a motion for reconsideration or just appeal?
It depends on the error and the court. A motion for reconsideration or a post-trial motion for a new trial or relief from judgment (CR 59 and CR 60) asks the same court to correct itself, which can be the faster and cheaper fix when the error is clear, and it sometimes preserves or extends appeal timing. An appeal takes the matter to a higher court under a defined standard of review. The two aren't mutually exclusive, and the right sequence depends on the nature of the error and the deadlines. We map that out before anything is filed.
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Civil appeals, discretionary review, and appellate support before Washington's appellate courts and the Ninth Circuit.
Oseran Hahn P.S. · 11225 SE 6th St, Suite 100 · Bellevue, WA 98004
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