August 23, 2017

How can litigators identify emerging trends and generate new business from them?

May 17, 2016

If a significant new law or governing regulation is adopted, be one of the first to analyze it, publish on it, and alert clients to its impact. Become the expert on that new law and carve out a new practice specialty around it.  
If you are an appellate lawyer, it may take more time to see how the law is developing in an area before it is possible to identify fertile new areas for appellate litigation. Nonetheless, it can be done. In California, for example, there are many anti-SLAPP appeals; in the last decade, anti-SLAPP rulings were made immediately appealable by statute. 

Once you have done several appeals in a substantive area, you can market that combined procedural and substantive  experience (e.g., you are an anti-SLAPP appellate lawyer). In my case, I won a significant joint employer liability case for a franchisor in the California Supreme Court; this led to other franchisors hiring me for similar work in other courts. 

 

M.C. Sungaila is a partner at Haynes and Boone LLP in Costa Mesa, California.

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