The Ins and Outs of Navigating a Successful Appellate Practice

In addition to the story a firm tells about itself in a carefully curated website, a lawyer navigating a career transition benefits knowing the scoop from practitioners in the field. Having recently navigated a transition from government to private practice, here is what I learned about the different kinds of appellate practices, and how they might facilitate different career paths.

Appellate practices at large law firms broadly fall into three categories:

• The new model. Because discrete appellate practices in the big law world are relatively new, some firms without a formal appellate practice are looking to establish or grow one.
• The single star model. This model features one prominent practitioner at its center. Other members of the practice function like planets, revolving around that one super star.
• The galaxy model. This practice accommodates multiple stars. Other members of the practice may orbit around stars, but, with time, they too can become stars in their own right. The search for a future opportunity is specific to each person, and many considerations draw on existing relationships. Some considerations, however, are tied to the structure of the firm’s practice and the stage of an applicant’s career.

Junior Associates

An important goal for a junior associate building an appellate career is to work closely with the firm’s appellate team. A burgeoning appellate practice might provide a way to interact with prominent partners building that practice.

By contrast, a firm with a larger appellate practice might staff someone between the partners and junior associates. In the single star model, the star may already have a go-to person, but when the star partner takes a liking to a junior associate, they might confer more responsibility and growth projects. At the same time, the single star model risks that the star leaves and the appellate practice shrivels.

The galaxy model provides opportunity to work with established appellate practitioners and rising stars. In this model, a junior associate need not rely on one person to keep them busy. But if the partners are themselves not very busy with appellate work, they are less likely to share the work and bestow real responsibilities on the junior associates.

Any appellate models can be great for a junior associate. The key is to find a practice where senior practitioners are invested in providing opportunities and the team is busy enough to share work.

Senior Associates

A key guide in a senior associate’s evaluation of an appellate practice is one’s longer-term career trajectory. Is the goal to remain in private practice or eventually transition to a different path? Any model that provides access to great mentors can be a good avenue to move to another type of job. The appellate bar is small, and people tend to know each other. Working closely with a well-regarded practitioner can open the door to excellent future positions.

The galaxy model often provides the best path for upward mobility within a firm. The model is designed to accommodate multiple stars and firms with such models have likely seen senior associates grow into appellate superstars.

The single star can be challenging for upward mobility. By definition, that model revolves around one person—success in the endeavor of becoming a super star in one’s own right would change the firm’s model. In a burgeoning appellate practice, there may be room for upward mobility as the practice evolves—if the practice shifts from burgeoning to a galaxy model, being a senior associate during the shift can provide an opening to become a key player in the growing galaxy.

Junior Partner

A key to success at this stage is to select a practice that supports advancement to and within partnership. An appellate practice prestigious to the outside world is not guaranteed to have sway within a firm. It is therefore important to evaluate how valued the appellate practice is within the firm. A firm with a galaxy model likely values the appellate practice because it has invested in multiple stars.

The single star model may pose challenges for advancement, but if the star practitioner is looking to promote a protégé, the single star model is still a productive path. The new model poses a risk: should the practice dwindle at the firm, one’s job may not be safe. At the same time, it provides a way to shape a new practice and rise within a firm that has affirmatively sought to delve into the appellate world.

Senior Attorneys

At the senior partner level, practitioners with the most sparkling resumes may not have many options. For one thing, salaries at the senior level are so high that firms truly need a business case to justify hiring a new lawyer at that level. That business case is typically determined by the firm before it will even begin the interview process.

Certainly, an individual lawyer can attempt to unearth a business case the firm has not yet identified, but even a compelling novel business case may not persuade a large firm to begin the interview process if it has not already identified a business need. At this level, much of the decision will likely be driven by interpersonal relationship rather than the structure of the appellate practice.

Although these considerations can help with the decision process, finding a firm with the right fit is crucial. Excellent colleagues and a good synergy with the firm’s culture can facilitate success in any model.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

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Michelle Kallen is a partner at Jenner & Block who helps clients navigate complex matters before federal and state appellate courts. She is the former solicitor general of Virginia.