Effective Appellate Mediation
Anti-SLAPP at the Supreme Court:
The Long and Winding Road, Unabated:
A Review of Major Anti-SLAPP Rulings Since 2016
Your Attorney's Fees on Appeal: Preserving Your Rights
to Attorney Fee Awards Before, During and After an Appeal
Appellate Ethics for the Trial Attorney
10 Tips for a Hot Appellate Writ
Deconstructing Notice of Entry
Trial Lawyer v. Appellate Lawyer
Your Attorney's Fees On Appeal
Remedies for Adverse Orders
The Reversible Arbitration Award
Practicing Appellate Aforethought: Appeals and Writs 101 for the Trial Lawyer
Appeal Bonds - Some Days You Eat the Bond and Some Days the Bond Eats You
The Slapp Trap - Staying Out, Digging Out
Professional Liability from on Above: Avoiding Appellate Malpractice
The De Novo and Independent Judgment Standards of Review
The Walls of Moncharsh Keep Tumbling Down
Risky Reliance on Clerk’s Erroneous Advice
The Sound of One Juror Clapping? Verdict Affirmed!
Appellate Counsel: Use 'Em Or Lose 'Em
Following a career as a print and radio journalist and political consultant, Herb Fox obtained his law degree in 1986.
Upon passing the California Bar Exam that same year, Herb was retained as a 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 appellate opinions in nearly 120 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 appellate law firm.
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Of the many civil appeals that Herb Fox has litigated through to a final written opinion, nineteen have been published. Two of these cases were accepted for review and resolved by the California Supreme Court. To read the full text of these opinions, please click here.
In 1998 the California State Bar Board of Legal Specialization certified Herb as an Appellate Law Specialist, a distinction shared by less than 300 attorneys statewide.
Herb’s practice is devoted almost exclusively to civil appeals and writs in the California Courts of Appeal, the Ninth Circuit Federal Court of Appeal, and the California and U.S. Supreme Courts.
Herb has been attorney of record in over 275 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. Eighteen 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. He is also the author of scores of articles about appellate law and procedure, published in such magazines and newspapers as the Los Angeles Daily Journal, The Advocate (a publication of the Consumer Attorneys Association of Los Angeles), Valley Lawyer (San Fernando Valley Bar Association), and Santa Barbara Lawyer.
Herb frequently lectures to attorneys on appellate law issues and has appeared as a guest commentator on Court TV. Herb is a member of the Appellate Lawyers Division of the American Bar Association, the Appellate Courts Section of the Los Angeles County Bar Association, and the Bar Associations of Los Angeles, Orange County, Ventura, and Santa Barbara counties. In 2015, Herb was appointed to the Appellate Courts Committee of the California State Bar, where he continues to serve in its current incarnation as a committee of the California Lawyers Association.
He has obtained the highest rating possible for legal ability and ethics (AV) and has been named by Lexis-Nexis to the Bar Register of Distinguished Attorneys. Since 2009 he has been named a Southern California Super Lawyer© for his appellate practice.
Click here to view his Super Lawyer Profile.