a recognized specialty in Georgia, an identifiable appellate bar has emerged consisting of lawyers who frequently argue before the state’s Court of Appeals and Supreme Court. This is not unlike the US Supreme Court bar, where certain lawyers are hired because they have abundant experience at that court and are well known to the Justices. With that familiarity comes credibility, which is crucial in a high-stakes case. By the way, practitioners do not earn credibility without being meticulously faithful to the record and cited legal authorities again and again. State practice does differ from the federal in some respects, however. For example, in Georgia, the Court of Appeals issues a docketing notice that identifies the three judges who will decide the appeal. Not so in the Eleventh Circuit, which handles federal appeals interrupt, asking about any issue of fact or law. And then there are those darn hypotheticals. So, it is imperative beforehand to study all the briefing, all the cited cases, and all pertinent parts of the transcript and record. And practice is also so important. I always have at least two prep-sessions, one roundtable with the clients and co-counsel to vet themes for the argument, followed by a formal moot court a few days in advance of going before the real judges. What advice do you have for younger lawyers wanting to develop an appellate practice? Work hard; give it your best; and if you win a big case, make sure people know about it. Also, seek out pro bono appeals, which provide an excellent opportunity to get oral argument experience. And volunteering to write amicus curiae briefs can be a way to be associated with high-profile matters. How does appellate practice in Georgia compare with handling federal appeals? As appellate advocacy has become from Alabama, Florida, and Georgia. The identity of the federal judges on you panel is not disclosed until two weeks before oral argument, and then only if there is an oral argument. Moreover, arguing in the Eleventh Circuit tends to be more intense than arguing in the Georgia Court of Appeals—but not more challenging than arguments in the Georgia Supreme Court where there are nine judges, not just three, who can pepper the advocate with questions. How is practicing in an appellate boutique different from the practice you had in Big Law? I was head of the Appellate Team of a megafirm for years. It was fun, working with other lawyers from around the country. But the switch to an appellate boutique is rewarding in another way. We are driven by the thrill of problemsolving, not the billable hour metric. And we have a sense of old-fashioned collaboration. Our lawyers love working with each other, with our clients, and with other firms. For example, every week we gather to go through our docket, sharing thoughts about our work, which often triggers insights from colleagues who are not even working on the particular case. As a result, our clients get the benefit of our collective brain power at no extra cost. And we experience a lovely camaraderie that seems to have disappeared from big firm practice. I view myself as the law person on the case, someone who argues to judges, not juries. Someone who can deliver a winning message in only a few minutes or a few pages. WWW.LAWYER-MONTHLY.COM 25
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