The Volokh Conspiracy - More on Breaking into Appellate Law, from a Sole Practitioner Appellate Lawyer Friend of Mine:

This is from Bruce Adelstein, who worked for a few years for Horvitz & Levy in L.A., and is now out on his own. He's a very smart guy, a smart lawyer and also someone smart enough to have snapped up the appellatelaw.com domain when the snapping was good. In any case, here's his report:

There is the high-end Supreme Court practice. I don't know much about this, but the people there usually went to great schools, clerked for the USSC, and often went through the SG's office.

There are appellate departments at large national firms. I think this work is pretty competive and the work is often limited. A lot of big-firm partners are more than competent and very comfortable doing their own appeals. For this reason, big firms have to attract appeals from outside the firm.

The problem is that an appellee or respondent is probably satisfied with their current counsel and is not likely to look to other firms. An appellant might be dissatisfied with its trial counsel. But if the counsel is at another big firm, the firm probably has some pretty capable appellate lawyers. And if the client did not hire a big firm in the first place, it might be that the client does not want to pay big-firm rates. Some big firms have very successful appellate departments, but many have very small appellate departments that don't do much beyond assisting other lawyers in the firm with appeals.

(Click here to read the rest.)

There are appellate firms (Horvitz & Levy and Greines Martin in LA — I don't know about elsewhere). I spent a few years at H&L and Dana [Bruce's wife] was at Greines for 8 years ....

But once you get out of the very top end of litigation, there are lots of trial lawyers who need appellate lawyers. That's where most of my appeals come from.

A lot of trial lawyers like doing litigation. They like the fight, taking depos, arguing to juries, sending nasty letters off to the other side, etc. They are often quite good trial lawyers. But they have minimal interest ... in legal research, analyzing complex legal issues, [effective appellate] writing, etc. The last thing they want to do is to sit down for weeks on end, pore over an appellate record, do lots of legal research, and write a 60-page brief. They are more than happy to pass the appeal along to competent appellate counsel.

These types of cases are typically not as huge as the cases that large firms handle. However, from my perspective, that's a plus. The appellate record is managable, and that makes it a lot easier to handle.

Most importantly, interesting appellate issues are just as likely to come up in "average" cases as in the much larger cases that large firms handle. A few examples from my cases:

- The First Amendment / harassment issue in Krell v. Grey (the LAUSD case that tried to follow Avis [v. Aguilar], but that I successfully petitioned for rehearing on) is a good example.

- One of my first appeals at Horvitz & Levy involved an automobile accident. The facts were quite unpleasant, but the legal issue was a fascinating spoliation of evidence issue.

- I had a marital dissolution case where I had to analyze the legal and economic underpinnings of spousal fiduciary duties, and I had to differentiate them from other types of fiduciary duties. I got into a lot of legal theory as to what fiduciary duties where and why we have them. I obtained a reversal, and the legislature later amended the statute to limit the scope of the opinion in my case.

None of these were big-firm cases, but all of them raised legal issues that someone interested in legal theory would love. And that's what I love about appeals.

I sometimes say appellate law is about 25% of the way to academia. I get to research, think about, and write about legal issues. Many are easy, but — as noted above — some raise interesting and challenging issues. But at the same time, I am dealing with real clients with real legal problems.

The dollar amounts in my appeals typically range from about $50,000 at the low end to maybe $5 or $6 million at the high end. I just won an appeal (as the respondent — the state court term for appellee) in a $600 wage and hour case with a $35,000 attorney's fee award. It was quite easy — almost like an opposition to a motion. I think this is my smallest case (involving a money judgment). But at the same time, I am representing the respondent / plaintiff in a $4.6 million breach of fiduciary claim involving a complex transaction where a general partner ripped off a bunch of limited partners. This is one of my larger appeals.

I'm not sure of the best way to get into this type of appellate law. It might be to go to the best litigation firm possible for a few years, do litigation, and try to do as many appeals as possible. (That's what I did.)

Another option is to go to an appellate firm like Horvitz or Greines for a few years. (That's what I did after a big firm.)

A lot of appellate lawyers I know spent several years as a research attorney at the state Court of Appeal. These are permanent positions, and — like a one-year federal clerkship — they give great insights as to how appeals are actually decided.

A lot of appellate lawyers also spent time working for the state attorney general's office doing criminal (and sometimes civil) appeals.

Once you have a good grounding, start your own firm or join up with another appellate lawyer.

This sounds scary, but there is a safety net for appellate lawyers just starting out. Most jurisdictions appoint appellate lawyers for indigent criminal appeals. These appeals do not pay very well, but they will fill the down time and provide at least some income. Fortunately, I only did four of these when I first started my practice, but I was happy to have them.

My experience was that as I did more and more appeals, I established relationships with more and more trial lawyers (including sometimes the trial lawyer on the other side of the case). I guess I did a good job because the trial lawyers often come back on other appeals. And after a while, my practice grew and the appeals just kept coming in.

(Click here to hide most of the post.)

	[Eugene Volokh, June 20, 2007 at 10:51pm] Trackbacks More on Breaking into Appellate Law, from a Sole Practitioner Appellate Lawyer Friend of Mine: This is from Bruce Adelstein, who worked for a few years for Horvitz & Levy in L.A., and is now out on his own. He's a very smart guy, a smart lawyer and also someone smart enough to have snapped up the appellatelaw.com domain when the snapping was good. In any case, here's his report: There is the high-end Supreme Court practice. I don't know much about this, but the people there usually went to great schools, clerked for the USSC, and often went through the SG's office. There are appellate departments at large national firms. I think this work is pretty competive and the work is often limited. A lot of big-firm partners are more than competent and very comfortable doing their own appeals. For this reason, big firms have to attract appeals from outside the firm. The problem is that an appellee or respondent is probably satisfied with their current counsel and is not likely to look to other firms. An appellant might be dissatisfied with its trial counsel. But if the counsel is at another big firm, the firm probably has some pretty capable appellate lawyers. And if the client did not hire a big firm in the first place, it might be that the client does not want to pay big-firm rates. Some big firms have very successful appellate departments, but many have very small appellate departments that don't do much beyond assisting other lawyers in the firm with appeals. (Click here to read the rest.) There are appellate firms (Horvitz & Levy and Greines Martin in LA — I don't know about elsewhere). I spent a few years at H&L and Dana [Bruce's wife] was at Greines for 8 years .... But once you get out of the very top end of litigation, there are lots of trial lawyers who need appellate lawyers. That's where most of my appeals come from. A lot of trial lawyers like doing litigation. They like the fight, taking depos, arguing to juries, sending nasty letters off to the other side, etc. They are often quite good trial lawyers. But they have minimal interest ... in legal research, analyzing complex legal issues, [effective appellate] writing, etc. The last thing they want to do is to sit down for weeks on end, pore over an appellate record, do lots of legal research, and write a 60-page brief. They are more than happy to pass the appeal along to competent appellate counsel. These types of cases are typically not as huge as the cases that large firms handle. However, from my perspective, that's a plus. The appellate record is managable, and that makes it a lot easier to handle. Most importantly, interesting appellate issues are just as likely to come up in "average" cases as in the much larger cases that large firms handle. A few examples from my cases: - The First Amendment / harassment issue in Krell v. Grey (the LAUSD case that tried to follow Avis [v. Aguilar], but that I successfully petitioned for rehearing on) is a good example. - One of my first appeals at Horvitz & Levy involved an automobile accident. The facts were quite unpleasant, but the legal issue was a fascinating spoliation of evidence issue. - I had a marital dissolution case where I had to analyze the legal and economic underpinnings of spousal fiduciary duties, and I had to differentiate them from other types of fiduciary duties. I got into a lot of legal theory as to what fiduciary duties where and why we have them. I obtained a reversal, and the legislature later amended the statute to limit the scope of the opinion in my case. None of these were big-firm cases, but all of them raised legal issues that someone interested in legal theory would love. And that's what I love about appeals. I sometimes say appellate law is about 25% of the way to academia. I get to research, think about, and write about legal issues. Many are easy, but — as noted above — some raise interesting and challenging issues. But at the same time, I am dealing with real clients with real legal problems. The dollar amounts in my appeals typically range from about $50,000 at the low end to maybe $5 or $6 million at the high end. I just won an appeal (as the respondent — the state court term for appellee) in a $600 wage and hour case with a $35,000 attorney's fee award. It was quite easy — almost like an opposition to a motion. I think this is my smallest case (involving a money judgment). But at the same time, I am representing the respondent / plaintiff in a $4.6 million breach of fiduciary claim involving a complex transaction where a general partner ripped off a bunch of limited partners. This is one of my larger appeals. I'm not sure of the best way to get into this type of appellate law. It might be to go to the best litigation firm possible for a few years, do litigation, and try to do as many appeals as possible. (That's what I did.) Another option is to go to an appellate firm like Horvitz or Greines for a few years. (That's what I did after a big firm.) A lot of appellate lawyers I know spent several years as a research attorney at the state Court of Appeal. These are permanent positions, and — like a one-year federal clerkship — they give great insights as to how appeals are actually decided. A lot of appellate lawyers also spent time working for the state attorney general's office doing criminal (and sometimes civil) appeals. Once you have a good grounding, start your own firm or join up with another appellate lawyer. This sounds scary, but there is a safety net for appellate lawyers just starting out. Most jurisdictions appoint appellate lawyers for indigent criminal appeals. These appeals do not pay very well, but they will fill the down time and provide at least some income. Fortunately, I only did four of these when I first started my practice, but I was happy to have them. My experience was that as I did more and more appeals, I established relationships with more and more trial lawyers (including sometimes the trial lawyer on the other side of the case). I guess I did a good job because the trial lawyers often come back on other appeals. And after a while, my practice grew and the appeals just kept coming in. (Click here to hide most of the post.) Related Posts (on one page): More on Breaking into Appellate Law, from a Sole Practitioner Appellate Lawyer Friend of Mine: Breaking into Appellate Law: