Appellate Law Exit Options Forum

[Anonymous User]

The question is in the title. If I am practicing appellate law in a big name DC shop, and don't think I will make partner, what else is out there? DOJ and state SGs, and that's it?

[Anonymous User]

Besides DOJ. FCC, SEC, etc. but also look at being a professor - depending on your prestige.

[Anonymous User]

Besides DOJ. FCC, SEC, etc. but also look at being a professor - depending on your prestige.

I am a sixth year after having done two clerkships and four years doing appeals work. I am not sure that is prestigious enough for a clerkship. Didn't go to H/Y/S/C.

[Anonymous User]

Besides DOJ. FCC, SEC, etc. but also look at being a professor - depending on your prestige.

I am a sixth year after having done two clerkships and four years doing appeals work. I am not sure that is prestigious enough for a clerkship. Didn't go to H/Y/S/C.

Academia depends more on publications and research agenda etc than prestige now, heavy tilt to JD/PhDs over SCOTUS clerks. If you were seriously interested the place to start would be writing papers and getting a VAP.

[Anonymous User]

Appeals in a smaller practice outside of DC? Lots of work of that type in TX. But yeah appellate exits are limited.

[Anonymous User]

The question is in the title. If I am practicing appellate law in a big name DC shop, and don't think I will make partner, what else is out there? DOJ and state SGs, and that's it?

Why don't you think you'll make partner? (I am about to start in an appellate group like yours and I am worried about the career outlook too, so would appreciate any advice!)

[crazywafflez]

Just like DOJ main and AGs have appeal divisions, public defenders, ADAs, and AFPDs and AUSAs do too. So you can do that as well.

[Anonymous User]

Re-upping this as it's something I'm concerned about too - any realistic appellate exits outside of federal government (or criminal/academia)? Or is it worth it/feasible to switch to trial litigation, where there seem to be a lot more possible options?

[Anonymous User]

The question is in the title. If I am practicing appellate law in a big name DC shop, and don't think I will make partner, what else is out there? DOJ and state SGs, and that's it?

Why don't you think you'll make partner? (I am about to start in an appellate group like yours and I am worried about the career outlook too, so would appreciate any advice!)

Making partner in litigation is very hard, let alone making partner in the least profitable litigation practice

[Anonymous User]

What about counsel positions? Do many appeals groups offer this for those who won't make partner?

[Anonymous User]

Honestly, there really aren't exit options for appellate law. People for sure find other things to do, but there are no natural pathways.

It's a fairly specialized type of work that is not highly profitable and that is not conducive to getting clients. Governments need it, but few others.

[OPM]

Honestly, there really aren't exit options for appellate law. People for sure find other things to do, but there are no natural pathways.

It's a fairly specialized type of work that is not highly profitable and that is not conducive to getting clients. Governments need it, but few others.

This is basically true. Your one-step exits, as others have said, are basically other appellate jobs: government lit, smaller appellate shops, academia (can be basically an appellate job).

But, at the same time, appellate people tend to be highly sought after for other lit work just because of how prestigious it is and how prestige-obsessed the legal profession can be. You can switch into another lit or regulatory practice—either to stay there or as part of a multi-step plan to get different exits. I clerked for feeders and was in appellate and got basically convinced by a regulatory / white collar group to switch over to more trial and Reg investigations work. It’s going well so far and I don’t think the learning curve was really that steep either. If you’re a mid level associate, most of the trial or white collar mid levels won’t have actually done the stuff that gives them differentiated skills (eg taking depos etc) and mostly have done production and witness prep maybe—these are typically easily learned skills for someone with an appellate background. Plus, your writing and legal research skills will be much sharper than some of your peers, who haven’t done meaningful case research and persuasive writing in a while.

[Anonymous User]

Another option is public interest appellate lit, if you're so inclined. There are quite a few biglaw "refugees" at many of the top conservative litigation PI shops (IJ, PLF, NCLA, etc.) and I'm sure it's the same for the liberal side of things.