Legal Definitions - precautionary appeal

A precautionary appeal is a type of appeal filed by a lawyer to protect their client's right to appeal in case they lose the case. It is also known as a protective appeal. This type of appeal is filed when there is a possibility that the client might lose their right to appeal if they do not file an appeal immediately.

For example, if a client's motion to intervene has been denied, and the trial court is entering other orders that the client wants to appeal, the lawyer may file a precautionary appeal to protect their client's right to appeal. Another example is when the lawyer has doubts about where to appeal or the length of the appeal period.

Precautionary appeals are important because they ensure that the client's right to appeal is protected, even if the appeal is not necessary in the end. It is better to file a precautionary appeal and withdraw it later than to miss the deadline for filing an appeal and lose the right to appeal altogether.