Upon passing the California Bar Exam that same year, Herb was hired as a senior research attorney (law clerk) for the Hon. Justice Arthur Gilbert of the California Court of Appeal (Second District, Division Six).

During his three years at the Court of Appeal, Herb learned appellate law from the inside-out, helping Justice Gilbert render opinions on nearly 120 appeals in cases ranging from adoption to zoning. Herb left the Court of Appeal  in 1990 to gain hands-on civil litigation and trial experience, and in 1996 he founded his own law firm in Santa Barbara.

In 1998 the California State Bar Board of Legal Specialization certified Herb as an Appellate Law Specialist, a distinction shared by only 240 attorneys statewide. 

His practice is devoted almost exclusively to civil appeals and writs in the California Courts of Appeal and Supreme Court, and in the Ninth Circuit Federal Court of Appeal. 

Herb has been attorney of record in nearly 130 state and federal appeals and appellate writ proceedings (including two at the California Supreme Court), and has appeared in scores of appellate court oral arguments. Ten of his cases have resulted in published opinions. Herb has also consulted with clients and attorneys on appellate law issues arising in hundreds of other cases.

As an adjunct to his law practice, Herb writes a monthly column on appellate law for Santa Barbara Lawyer, and his articles on appellate law have been published in the Los Angeles Daily Journal and the Santa Barbara News-Press. 

Herb frequently lectures to attorneys on appellate law issues and has appeared as a guest commentator on Court TV. He also serves as a Judge Pro Tem for the Santa Barbara Small Claims Court and as an arbitrator in attorney-client fee disputes for the Santa Barbara County Bar Association.

Herb is a member of the Appellate Lawyers Division of the American Bar Association, the Appellate Courts Committee of the Los Angeles County Bar Association, and the Santa Barbara and Ventura County Bar Associations.

He has obtained the highest rating possible for legal ability and ethics by his peers (AV) and has been named by Lexis-Nexis to the Bar Register of Distinguished Attorneys 

In 2009, Herb was named a Southern California Super Lawyer^©. Click here to View his Super Lawyer Profile or here to learn more about the Super Lawyer program.

Herb’s extra-legal activities include community activism, cooking, and making sure that his dog Cara (rescued from a southern California shelter) gets plenty of exercise.