General lit vs. Appellate group? Forum

[Anonymous User]

Clerking right now, and I’m weighing offers from a biglaw appeals & issues group and a well-regarded lit group. Summer projects were all research, so I don’t have a great sense of the day-to-day in general lit.

What questions should I be asking? Can I likely move into general lit from an explicitly law-focused role? Will I limit exit options if I don’t go into general lit right away?

[Anonymous User]

Bumping, because I'm in the same boat and would love to know haha

[Anonymous User]

Clerking right now, and I’m weighing offers from a biglaw appeals & issues group and a well-regarded lit group. Summer projects were all research, so I don’t have a great sense of the day-to-day in general lit.

What questions should I be asking? Can I likely move into general lit from an explicitly law-focused role? Will I limit exit options if I don’t go into general lit right away?

Is the lit group a boutique or "biglaw" firm?

[Anonymous User]

I'm in general lit at a well regarded firm. It depends on your interests, but personally, I would take appellate/issues group 100%. In general lit, I've gotten to draft a couple appellate briefs and parts of some dispositive motions, but a lot of the work is not "law" ... it's project management, fact development, discovery disputes, dealing with experts. Try to figure out whether you think that stuff is interesting or whether you would prefer to mostly research and write and do law in a law-school sense.

[Anonymous User]

I think you posted this on Fishbowl, and I replied there, but there are a few tradeoffs:

1) At the junior level, appellate is clearly better. The issues are more interesting, you get more important / interesting assignments, you're closer to the partners, the hours are lower, the schedule is more predictable.

2) At the senior level, it's closer. General lit becomes more fun--you have a team, you have subject-matter expertise, and you can do depositions, hearings, etc. Appellate is ... almost entirely the same. Maybe you have a junior writing stuff, but you basically are learning areas of law and writing briefs. Still fun, but maybe you start worrying--can I make partner? Are there exit opportunities? Will I get an argument?

3) Beyond the senior level, general lit dominates. The problem with appellate is that it makes little money, and the arguments can all be done by like 3 partners. So you'll never get client-paid argument opportunities, and without that, have no real chance of building a business case. Maybe you can make partner as a briefwriter, but it'll be at the sufferance of others who actually bring in business and command high rates. You'll be a loss-leader. Even the senior appellate partners aren't the "relationship partners" usually. It's a prestige loss-leader (especially at SCOTUS). So, partnership, business development, and arguments are near-hopeless. You basically have to go into government to get argument opportunities. The worst thing is that you can't leave to the private sector either--there are no exit opportunities for appellate people, other than rare appellate openings in government.

All of this means that you have a long-term / short-term tradeoff. Appellate is great now, but is bad for making partner and *even worse* for not making partner, since the practice has no in-house equivalents.

[Anonymous User]

There are other appellate exits--to boutiques with lower rates, or to other markets doing primarily SSC work. Texas has a very robust appellate bar, for example.

[Anonymous User]

I think you posted this on Fishbowl, and I replied there, but there are a few tradeoffs:

I didn't, so thanks for sharing here, as well!

All of this means that you have a long-term / short-term tradeoff.

Do you think it's possible to transition toward general lit after 3-5 years? What does diversifying a practice look like when you're coming from an appellate position?

[Anonymous User]

There are other appellate exits--to boutiques with lower rates, or to other markets doing primarily SSC work. Texas has a very robust appellate bar, for example.

True, but I put this in the category of "the same, except worse"--it's still a firm, it's still high hours, you just get paid less and work on less important cases.

As for whether you can shift in 3-5 years, yes you can, though there's a chance you'll be behind on certain skills.

[Anonymous User]

One thing to consider as you approach this decision is working long hours in appellate is different than working long hours in general lit. Not a lot of people have the stamina or interest to do just westlaw + brief writing 50 to 60 hours a week. At least with lit it's more varied and (in my opinion) less mentally taxing. It's one thing to enjoy appellate work as a clerk or in law school, another to do it every waking hour of your life.

[Anonymous User]

One thing to consider as you approach this decision is working long hours in appellate is different than working long hours in general lit. Not a lot of people have the stamina or interest to do just westlaw + brief writing 50 to 60 hours a week. At least with lit it's more varied and (in my opinion) less mentally taxing. It's one thing to enjoy appellate work as a clerk or in law school, another to do it every waking hour of your life.

Good point and very personal. I'm the opposite, I could brief/motion write for 40-50 hours a week no problem. Easy to bill in big blocks and it's the most interesting kind of legal work (imo). I loathe all other parts of litigation and billing 30 hours project managing or doing discovery or investigative works really drags.