COA Clerkship to Appellate Law Forum

[Anonymous User]

T14 3L - going to be clerking D.Ct. then COA. Had considered appellate work as somewhat unrealistic until I got the COA clerkship - what does the job market look like in terms of getting to do actual appellate litigation? I'm summered at a firm that doesn't do much appellate lit in that location so I'm open to switching firms.

Is government an option? I'd love to do something with the DOJ/Solicitor General/AUSA if it means I'm handling appellate work. Also do I need to be in DC? Looking through a number of firms it seems that a lot of the best appellate shops have SCOTUS clerks. Will I actually get appellate work at any of these places coming off a COA? I'm not competitive for SCOTUS.

Anon for obvious reasons.

[Anonymous User]

Re: AUSA - it will depend on how the office is structured. I think all will have appellate groups, but if the office does vertical prosecution, the expectation will be that the person who tried the case does the appeal. Those offices will still have appellate units, because not everyone can handle their own appeals for whatever reason, and especially the really significant cases will get handled by appellate. But it means the unit can be really small (my office does vertical prosecution, and has 65-70 trial attorneys and 3.5 appellate attorneys). Other offices have larger appellate groups who tend to handle all appeals. (Also the appeals are overwhelmingly criminal.)

The reason I mention this is that getting appellate work at a USAO is going to depend on an opening coming up in an appellate group, which may not happen very often, depending on the size of the group and where you want to work. So an opportunity could arise when you need one, or it could take years. You just won't know.

(I also wouldn't take a line AUSA position with the hope of moving into appellate - if they hire you to do trials it's because they need you to do trials.)

[zot1]

There is appellate work in government, you just gotta look for it.

[Anonymous User]

Re: AUSA - it will depend on how the office is structured. I think all will have appellate groups, but if the office does vertical prosecution, the expectation will be that the person who tried the case does the appeal. Those offices will still have appellate units, because not everyone can handle their own appeals for whatever reason, and especially the really significant cases will get handled by appellate. But it means the unit can be really small (my office does vertical prosecution, and has 65-70 trial attorneys and 3.5 appellate attorneys). Other offices have larger appellate groups who tend to handle all appeals. (Also the appeals are overwhelmingly criminal.)

The reason I mention this is that getting appellate work at a USAO is going to depend on an opening coming up in an appellate group, which may not happen very often, depending on the size of the group and where you want to work. So an opportunity could arise when you need one, or it could take years. You just won't know.

(I also wouldn't take a line AUSA position with the hope of moving into appellate - if they hire you to do trials it's because they need you to do trials.)

Thanks - I'm willing to live anywhere really - mostly just looking for experience. Anyone with any experience with DOJ appellate? And any advice regarding looking for appellate work in government? I'm really starting from scratch and just beginning my research.

[Anonymous User]

Piggy backing off this thread as I'm kinda curious if it's more advantageous for me, to go from Appellate to Trial Division.

I just accepted a position in one of the large pre-bar acceptance DA offices in their Appellate Division from a TTT. What the hell would the exit options be like, if at all? I didn't apply specifically for Appeals, they just hired me to go there. Should I look to go to trials a few years in, where at least I can go to different specialty bureaus and eventually private?