Cost of a Family Law Appeal

A Texas family law can be an expensive matter, but Verner & Brumley strives to keep the cost down as much as possible.

The costs involved in an appeal consist of fees that must be paid to the clerk's office or court officials, and of attorney's fees paid to the lawyers.

Court Costs

To file an appeal, an appellant must pay a fee of $125 to the clerk of the court of appeals.

In addition, the appellant must order both the Clerk's Record and the Reporter's Record.  The Clerk's Record is made up of copies of important documents filed with the trial court.  It is rare that the cost of a Clerk's Record exceeds several hundred dollars.  The real expense lies in the Reporter's Record.  The Reporter's Record is the transcription of everything that was said in the trial court, plus the exhibits introduced into evidence at trial.  A Reporter's Record can run as much as $1,500 per day for a full day of trial.

Tip:  Many times appellate clients believe they must pay for copies of the appellate record.  This is incorrect, for most courts of appeals will allow the lawyers to check out the Clerk's Record and the Reporter's Record, thus saving the appellate client considerable money.

Attorney's Fees

Attorneys usually charge an hourly rate for handling an appeal.  The amount of the hourly rate depends on the skill, credentials and experience of the lawyers involved.

To handle an appeal property, an attorney must "perfect" the appeal - in other words, file the correct documents to cause an appeal to occur - then read the Clerk's Record and Reporter's Record once they are obtained.  Another important part of the appellate process is meeting with the appellate client and his trial lawyer.  In this way, the appellate lawyer knows what issues exist from the trial of the case from both the client's and the trial lawyer's perspectives.

Once the appellate lawyer reads the record, the issues to be raised on appeal must be established, researched and briefed.  Accurate, thorough research is essential as is a persuasive brief in behalf of the appellate client.

Because Verner & Brumley handles many appeals, we are familiar with the requirements for briefs and the arguments and issues expected by the appellate courts.  In this way, our services are cost-effective.

Verner & Brumley cannot quote an estimate of fees on appeal without meeting with the appellate client and, usually, with the trial attorney.  After such a meeting, Verner & Brumley will give an estimate of fees.  Upon request, Verner & Brumley will quote a flat fee to handle an appeal.