Clients: How to Choose an Appellate Attorney

Once you have decided to retain an appellate attorney, the next task is to choose one. Some attorneys will claim they can handle your case at the Court of Appeal, but have little or no actual experience doing so. Good appellate counsel will have the experience, credentials, and skills to get the job done right.

During your first conversation with an appellate attorney, you should do more than discuss your case. You should also discuss the attorney's background, experience, and reputation among other lawyers and judges. Here are sample questions worth asking any attorney that you are considering retaining for an appeal:

  • How many appeals have you handled as the responsible appellate attorney? It is common for two or more attorneys' names to appear as the attorney-of-record for each party to an appeal. Typically, however, only one of those attorneys actually prepared the briefs and argued the case. that is, acted as appellate counsel. 
Try to find out how much hands-on experience the attorney has in analyzing, briefing, and arguing cases on appeal. You can get an idea of the attorney's actual experience by searching the California Court of Appeal's case information Web site, which allows searches by attorney name

  • Are you certified as an appellate law specialist? Only the most experienced and accomplished appellate attorneys are certified by the California State Bar's Board of Legal Specialization as a specialist in appellate law. A list of these attorneys can be found at the State Bar of California's Web site.

  • What is your success record? Only about 20% of civil appeals result in a reversal. Good appellate lawyers will have a better-than-average record because they know how to properly assess the merit of an appeal, and will not accept cases on appeal that are doomed to fail.

  • What is your reputation within the legal community? Ask if the attorney has a rating by Martindale-Hubble, which rates attorneys based on their reputation for competence and integrity. Simply search for your prospective attorney on the Martindale-Hubble Web site, which includes the rating information within the attorney's profile. (Click here to learn more about the Martindale-Hubble Peer Review Rating system.) Also be sure to ask for references from other attorneys in the community.

  • Have you ever served as a clerk or research attorney for an appellate court? Many appellate attorneys get their start after law school by serving as a clerk or research attorney for an appellate or Supreme Court justice. This experience provides the attorney with an unmatchable "inside look" at how the justices view cases and how the appellate system really works.

  • How well do you write? Accomplished appellate attorneys consider themselves to be professional writers. Appellate justices expect to read tight, concise and convincing briefs that drive home in a few sentences the arguments that trial counsel may have spent years developing. Ask to see writing samples actually written (not just signed) by the attorney.

  • Will the briefs be prepared by an attorney licensed to practice law in California? Some attorneys will agree to handle the appeal, and then sub-contract the actual work to businesses that offer to conduct legal research and write the brief for a very low hourly rate. Often, these companies do not have staff attorneys who are licensed to practice in California, and their legal and ethical obligations to you as the client are unclear. Make sure that the appellate attorney you hire, and his or her licensed associates, will be doing the work!