With our compliments
December 30, 2009
Appellate Attorneys: Why Hire Them and
How to Choose Them
By Katherine Mayer Mangan and Colleen Carlton Smith, Latham & Watkins LLP
Latham & Watkins operates as a limited liability partnership worldwide with affiliated limited liability
partnerships conducting the practice in the United Kingdom, France and Italy and affiliated partnerships
conducting the practice in Hong Kong and Japan. Under New York’s Code of Professional Responsibility, portions
of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results
depend upon a variety of factors unique to each representation. Please direct all inquiries regarding our conduct
under New York’s Disciplinary Rules to Latham & Watkins LLP, 885 Third Avenue, New York, NY 10022-4834,
Phone: +1.212.906.1200. © Copyright 2009 Latham & Watkins. All Rights Reserved.
If you wish to update your contact details or customize the information you receive from Latham & Watkins,
please visit www.lw.com/LathamMail.aspx to subscribe to our global client mailings program.
This article is reprinted with permission from the December 30, 2009 issue of San Diego Daily Transcript.
Copyright © 2010
Corporate counsel sometimes ask why
they should hire a new attorney for an
appeal when they already have a lawyer
who knows the case. The answer is
simple: You are more likely to win the
appeal if you hire appellate counsel.
Judges -- the people whose opinion
really matters -- say appellate specialists
make a difference. Appellate advocacy
is a skill that not all trial lawyers have.
“Appellate advocacy is specialized
work,” according to Ruggero J. Aldisert
in his book “Winning on Appeal: Better
Briefs and Oral Argument.” “It draws
upon talents and skills which are far
different from those used in other facets
of practicing law. Being a good trial
lawyer does not mean that you are also
a qualified appellate advocate.”
Judges also n