Handling appeals requires a unique skill set that takes years of dedicated practice to master. As legal experts focused on appellate law, we at Brownstone Law want to share our insight on how up-and-coming attorneys can get better at this specialized area. Here are 10 surefire ways to sharpen your appellate skills.
Study Model Briefs from Experienced Lawyers
One of the most impactful study tools is reviewing exemplary briefs written by best appeals attorneys. Identify briefs that resulted in favorable precedent-setting rulings and analyze what made them so persuasive. Pay close attention to organization, argument structure, citation format and writing style. Mimicking the framework and tone of skillful briefs is a proven way to improve your own writing abilities.
Immerse Yourself in Appellate Procedure
You can’t advocate for clients effectively without intricately understanding applicable procedural rules. Read appellate rulebooks cover to cover multiple times until all requirements are committed to memory. Practice filing mock documents within deadlines and docketing requirements. Consider shadowing an experienced appellate lawyer to gain in-depth exposure to the administrative and clerical side of a case. Mastering procedure will help avoid costly mistakes.
Practice Analyzing Case Law
Appeals hinge on persuasive legal arguments, so sharpening your analysis of statutes and precedents is paramount. Set aside time daily to closely read appellate decisions, noting how courts reasoned and applied facts to reach conclusions. Look for patterns in their interpretations that could impact future cases. With regular practice, you’ll develop almost intuitive expertise picking relevant holdings that support your client’s position.
Outline Effectively
Strong oral advocacy starts with a well-organized outline. Using a structured template will prevent omitting key points and keep you on track during time limits. Begin with an overview, then systematically list main arguments and relevant authorities. Memorize your outline rather than reading from notes. This practice allows for more engaging delivery and ability to think on your feet during questioning. Consistently outlining is an investment that pays off come presentation time.
Record and Critique Mock Arguments
Video recording mock appellate arguments lets you closely scrutinize your performance. Pay attention to filler words, speech pace and volume, eye contact and body language. Make notes on areas needing improvement like clearly articulating points or responding confidently to judicial questioning. Practice re-arguing with feedback until weaknesses are strengthened. Don’t be afraid to ask colleagues for an honest assessment too – constructive criticism is invaluable for progressing skills.
Take Pro Bono Appeals Cases
Gaining experience is important, so consider taking on pro bono appellate matters that may not otherwise get representation. While you can’t get paid, the hands-on learning makes you a stronger advocate. Have an experienced appellate attorney mentor or second chair your early pro bono cases for guidance. Every new case builds familiarity with drafting briefs, presenting arguments and working within the appeals process.
Attend CLE Seminars
Continuing legal education specific to appellate practice exposes you to the latest trends, case updates and skills-building exercises. Attend seminars led by preeminent appeals attorneys discussing their strategies. Many programs include written materials and even opportunities to receive one-on-one feedback. CLE credits allow ongoing development of specialized knowledge without having to relearn general law principles.
Join Appellate Bar Associations
Becoming involved in organizations like the American Academy of Appellate Lawyers connects you to a network of specialists. Attend section meetings to gain insight on hot issues and stay informed of rule changes. Consider serving on committees to develop further leadership abilities. Many associations offer discounted or free CLE programs exclusively for members too. Networking fosters professional growth and potential future case referrals or co-counsel opportunities.
Ask for Judicial Clerkships
Clerking for appellate judges immerses you in synthesizing law and writing judicial opinions, the ultimate skills test. Make strong applications emphasizing your writing sample and grades. Even if you don’t secure a clerkship right away, keep reapplying as judges prefer candidates committed to appellate experience. Clerking cultivates essential advocacy skills and lines your resume with stellar legal references who understand the demands of appellate work.
Request Observation Opportunities
Approaching well-known appeals attorneys to sit in on oral arguments, conferences or negotiations expands your education. Observing their preparation and case strategy development provides an invaluable behind-the-scenes perspective. Most experienced lawyers welcome the chance to mentor up-and-comers. Over time, your reputation as a dedicated learner will lead to invitations to second chair actual appeals, expediting your readiness to lead your own appellate cases.
In conclusion, appeals law expertise develops gradually through strategic education, practice and hands-on experience. Committing to lifelong professional growth using these techniques ensures you’ll quickly become one of the most skilled appellate advocates in any field. Please contact Brownstone Law if you’d like mentorship on cultivating appellate law skills. We’re dedicated to assisting aspiring attorneys reach their full potential. Read more information click here.
