Where Will Your Legal Education Take You?

Graphic by Alondra Pulido

Appellate practitioners handle the process of appealing decisions from lower courts. Within this process, they carefully review a case’s entire record in order to determine whether there exist grounds for appeal. Though appellate practitioners are typically hired in the appeals stage of a case, they may also be hired in the early stages of litigation, serving as consultants and helping develop the most effective case strategy.

The primary job functionings of appellate practitioners are writing appellate briefs and presenting oral arguments (which typically last only 15 minutes). Appellate practitioners may also file a petition for a “writ of certiorari” asking the Supreme Court of the United States to review the case after it has already been decided in a federal court of appeals or in the state’s highest court. However, the Supreme Court generally only hears about 100 to 150 appeals of the more than 7,000 petitions it receives each year. As such, law students wishing to pursue a career as an appellate practitioner should not do so expecting to present cases before the Supreme Court every term, even though appellate practitioners may occasionally help bring cases before the Court.

There are many people in the United States who cannot afford legal representation. Following an unfavorable ruling at the trial court level, the cost of additional legal services may be especially burdensome because many cannot afford the accumulation of any more court fees. For this reason, appellate practitioners serve an important function in the legal system, particularly for their capacity to utilize their appellate skills to offer pro bono legal services. This is particularly significant, and has been especially utilized, in cases involving civil rights.

Photo by Wally Gobetz on Flickr

Law students interested in pursuing a career as an appellate practitioner may consider taking part in the Appellate Advocacy Clinic at the University of Washington School of Law. The clinic allows 3Ls to serve as counsel for parties that would otherwise proceed pro se. The program is administered by the Ninth Circuit Court of Appeals. Law students who are specifically interested in pursuing criminal law may consider partaking in the Washington Innocence Project Clinic. Students in the program work to free innocent prisoners, and in doing so learn how the criminal justice system makes errors and how the system can be reformed to decrease the number of wrongful convictions.

• About the U.S. Court of Appeals [United States Courts]

• Appeals: The Process [United States Courts]

• Appellate Litigation [Georgetown Law]

• The Complete Appellate Advocate: Beyond Brief Writing [Deena Jo Schneider, ABA]

• Niche Appellate Practice: Pro Bono Appellate Representation [Arleigh P. Helfer III, ABA]

• Appellate Advocacy Clinic [University of Washington School of Law]

• Washington Appellate Project

• Washington Innocence Project Clinic [University of Washington School of Law]

• University of Washington School of Law Faculty:

  • Helen A. Anderson - UW Professor Emerita of Law

    Previously worked at the Washington State Court of Appeals and the Washington Appellate Defender Association.

  • Jeff Feldman - Co-Director, UW Appellate Advocacy Clinic

    Worked as an appellate lawyer before joining the UW Law faculty. A fellow of the American Academy of Appellate Lawyers.

  • Jacqueline McMurtrie - UW Clinic Faculty Director of the Washington Innocence Project