“What is a certified appellate specialist?”

In order to be identified as a “certified” appellate specialist in California, an attorney must be certified by The State Bar of California Board of Legal Specialization. To achieve this certification, lawyers must demonstrate a high level of experience in this field, pass a rigorous all-day written examination, fulfill ongoing education requirements, and be favorably evaluated by other attorneys or judges familiar with their work.

“What is your success rate?”

It varies. When it comes to defending appeals, I have never, thus far, lost a case. Representing appellants, I have had as many as five reversals in a year — placing me way ahead of the statewide average. But I have also had years with none. In the nature of appellate practice, I can only work with the cards I am dealt.

“Where are you located?”

I am based in Santa Barbara, but handle appeals throughout California. Unlike trial work, which involves frequent pretrial court appearances for status conferences and hearings on motions, as well as attending depositions and conducting witness interviews, an appeal is almost entirely office-based work. With most appeals, no more than one court appearance is required — and, with some, no court appearance at all takes place.

It is not even necessary for me to meet in person with a client in order to get started. And although I am always happy to meet with clients (and usually do, sooner or later), I have had excellent attorney-client relationships with — and have obtained wins for — people whom I have never met in person.

Therefore, it really does not matter where your appellate lawyer is based within the state. It is much more important to pick the right California lawyer to handle an appeal, rather than to focus on where that lawyer is located.

“Who will actually do the work?”

If I take an appeal, I personally will research and write the brief(s) and conduct oral argument (unless our fee agreement expressly provides otherwise). It is important that one lawyer masters all the elements of the appeal. You should be wary about entrusting an appeal to a firm with no clear idea of exactly who will be doing what.

“Do you only do appeals?”

My practice is devoted exclusively to appeals and related matters. “Related matters” can include things such as collaborating with trial counsel on post-trial motions and providing input from an appellate perspective during pre-trial litigation. It also includes writ petitions, which — loosely speaking — are a “type” of appeal. The “related matters” take up less than 10 percent of my practice.

“Do you handle criminal appeals?”

Yes. Most of my cases are civil, but I do take selected criminal ones, too.

“Do you handle immigration appeals?”

I have handled immigration appeals to the Ninth Circuit Court of Appeals. I do not handle cases in front of the Board of Immigration Appeals, which is the first step in the immigration appeals process.

“Can you assist me with an appeal if I am representing myself?”

If I see merit in your case, I can take over as counsel of record if you wish to be represented on appeal. I have obtained wins on appeal for clients who represented themselves in the trial court. However, what I am not willing to do is to be a “behind the scenes” adviser in the appeals process to a party who — either because of necessity or preference — is going to be self-represented on appeal. There are a number of practical and ethical reasons making that type of arrangement problematic.

“What do you like most about your work?”

Telling a client that he or she has won.

“What do you like least about your work?”

Telling a client that he or she has lost.

Tel: (805) 284 1660

This Web site © 2009 John Derrick