protective appeal

A precautionary appeal filed by counsel when the client might otherwise lose an effective right to appeal.

• A protective appeal is typically filed when (1) a client’s motion to intervene has been denied, and the trial court is entering other orders that the client wants to appeal, (2) counsel has doubts about where to appeal, (3) counsel has doubts about the length of the appeal period, or (4) the client must preserve uncertain or contingent rights.

— Also termed precautionary appeal.

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