One of the greatest aspects of obtaining a law degree is the variety of career pathways that lie before each of us upon passing the state bar examination. Whether it is a career in litigation, transactional work, governmental positions, or appellate, each graduating law student should consider each avenue and determine the career best fits their personality, interests, and strengths.
As an appellate attorney, I am commonly asked what a typical career in appellate law entails and how to enter the pathway into appellate work. After interviewing four prestigious appellate attorneys and working alongside others, the good news is that anyone can excel in appellate law if desired. And there is no “one” path you must pursue. Indeed, there are common routes that may be more traditional than others. However, rest assured, a career in appellate law is not out of reach.
To showcase various perspectives, this article encompasses information obtained through interviews with distinguished appellate attorneys Amy Prueger of Clark Hill and Valerie Najera, Andrea Morris, and Dan Guzman of the Fourth Court of Appeals in San Antonio, Texas.
If you are considering a career in appellate law, it is imperative to understand what an appellate attorney does. Although it is impossible to capture all aspects of appellate law, there are some core commonalities that all appellate attorneys are tasked with. Surprise—it encompasses research, reading, and writing almost every day.
After thoroughly reviewing the trial record and issue-spotting with great precision, an appellate attorney must analyze legal pitfalls or grounds for reversal. Based on any potential issues spotted, the appellate attorney deeply dives into case precedent on all issues. Once all relevant and supporting case law is collected, the tedious process of writing the appellate brief begins. And briefs are often not short documents. After all, you must summarize the trial record and all issues on appeal to the appellate court in sufficient detail in a persuasive yet concise manner.
Although this is just one generalized example of drafting a traditional brief, it emphasizes the expectations of an appellate attorney and further highlights how much one truly must love research, reading, and writing to excel in an appellate career.
One caveat does exist, deviating from pure research and writing—oral argument. However, it is important to note that oral argument is rarely granted. Thus, communication with the appellate courts often lies solely within the attorney’s writing.
Most appellate attorneys would likely self-describe as introverted, though there are certainly successful extroverted appellate attorneys. Yet, the power of introversion lies in the ability to methodically process information and arguments for long hours at a time. Often, appellate positions require seclusion. Extroverted individuals might find it maddening to sit in an office all day with no social interaction, whereas introverted individuals thrive in the depths of their curiosity and thought, so time passes quickly. Therefore, some level of comfort working in isolation is a must for any successful appellate attorney.
A hint of nerdiness is likely a common characteristic of a successful appellate attorney. The people who argue about whether there are one or two spaces after a period or Bluebook citations generally find themselves in a career in appeals. Given how critical one’s writing is in appellate careers, meticulousness is necessary, even if others might see it as “nerdy.” It also doesn’t hurt if you are truly fascinated by formatting, citations, and the overall writing structure.
Inherently, an appellate attorney must also possess strong self-discipline when working in isolation. There are deadlines within the appellate procedures that must be followed. And, because an appellate brief requires significant research and time crafting arguments, briefs cannot be poorly constructed at the last minute. Instead, it is a marathon, and several edits and revisions must occur prior to filing. As such, setting internal deadlines, planning, and preparation are significant in the success of an appeal.
As Dan Guzman eloquently stated, you can be the smartest person in the room, but if you lack confidence in yourself or your positions, others will also lack confidence in you and your positions. Often, confidence is confused with being “the loudest person in the room” or “the one who always speaks.” However, confidence does not require a display of power or a level of extroversion that you are uncomfortable with. Instead, confidence is displayed best through thorough preparation and certainty in your position. Said differently, preparation leads to confidence.
It is no secret that appellate positions are competitive. It is also no secret that exemplary writing ability is the key to success in appellate law. It might seem hard to distinguish yourself from other attorneys, but there are several ways in which you can market yourself to stand out.
Several appellate sections exist, not only on the local level but also on the national level. Joining any appellate section through your state bar associations or the American Bar Association will facilitate relationships and familiarity with the appellate attorneys in your area. Even if you are not currently working as an appellate attorney, if you are interested in appellate law, this will allow you to make the connections that could open doors. Moreover, continuing legal education webinars are generally offered in these appellate sections, which provide substantive knowledge and the cases of first impression pending or recently decided by the higher courts.
Often overlooked, many legal publications seek volunteers to edit and contribute articles. Not only is volunteering for a publication in any capacity a wonderful way to strengthen writing and editing skills, but it is also beneficial to list this experience on your resume. Such experience can set you apart from others seeking the same appellate position as you. Notably, any chance to have published work highlights your skill set.
The all-coveted clerkship positions are a traditional and highly respected way to gain experience and entry into a career in appeals. Although highly competitive, it is always worth applying for a clerkship after law school if a career in appellate law interests you. Given its long-standing reputation as the path to appellate law, taking a chance at obtaining one of these positions is well worth the effort.
Several writing seminars are offered virtually and in person, which can provide an opportunity to enhance editing and writing skills. Although these writing seminars are generally at a cost, some law firms will pay this for you. You may ask your supervisor about recommended writing seminars or conduct your own research on the best writing seminar for you and approach your employer with a proposal. Most firms would, at the very least, commend you on your proactive approach.
Even if you find yourself practicing as a litigator at first, take the opportunity to volunteer to draft dispositive motions, such as Jury Charges, Motions for Summary Judgment, and Motions for a New Trial. This consistent practice of drafting substantive motions exemplifies your ability to think critically and write persuasively to the courts. Of the interviewed appellate attorneys, the importance of having litigation experience should be emphasized, as litigation experience produces a well-rounded appellate attorney in the future.
There might also be opportunities to volunteer to assist with research or writing projects on appellate briefs, research memorandums, or writs of mandamus within your current litigation position. Volunteer as much as possible for roles that allow you to show your talents. Better yet, learn what partners might not like the appellate tasks and offer to assist them with the first draft. You will make a name for yourself internally, and that partner will likely rely on you for future appellate assignments.
In addition, offer to attend trial whenever possible. Experienced appellate attorneys are often sought and hired to preserve error at trial for any potential appeal. Honing this talent of spotting and preserving errors will ensure your firm has a clean record if the ruling is appealed and further increases your marketability.
Finally, if anyone within your current job is called for oral argument, offer to help them conduct a mock oral argument. This provides you with the experience of thinking critically and highlights your passion for appellate work. If no one in your firm routinely practices appellate law, monitor when oral arguments are held in the appellate courts in your surrounding area. Make it a point to observe at least one morning of oral arguments. This allows you to learn what to do or not to do in oral argument.
It is a common misconception throughout law school that you must be Valedictorian or have attended the best law school to obtain an appellate position. Although that certainly doesn’t hurt, put your mind at ease and know you can still have a path forward. You did not miss your chance at appellate law if you failed to participate in a journal or moot court in law school. Nor are you automatically disqualified if you don’t pursue a court internship in law school.
Remember, you determine your career, and there are no definitive rules in appellate law. Some individuals might perpetuate outdated beliefs about what makes an appellate attorney. However, each appellate attorney finds their way into this career path with different backgrounds, law schools, and grade point averages. Each one brings a variety of unique skills and talents. Although these skills might come easier to some, every aspect of a successful appellate attorney can be obtained through repetition and dedication. Before you know it, you will find yourself discussing Bluebook citations at the next happy hour and realize you are officially within the appellate ranks.
