Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: caseinpoint
Most attorneys are "veterans" if they have handled four or five Supreme Court appeals during their entire careers.

Actually, the vast majority of lawyers, even many of the very best lawyers, NEVER argue a case before the Supreme Court. Unless a lawyer works in the Solicitor General's Office (the main function of which is to represent the Government in cases before the Supreme Court), the Appellate Section of the Attorney General's Office in one of the larger states, or in one of the handful of appellate litigation botique practices in Washington (which is what Chief Justice Roberts did), the odds of ever winding up before the Supreme Court are miniscule. In 33 years as a litigator at a large law firm with a sophisticated trial and appellate practice, I have had exactly two cases where a party filed a petition for a writ of certiorari (a petition asking the Supreme Court to hear an appeal). Both petitions were denied. I have argued plenty of Constitutional issues over the course of my career, but I suspect I will retire having, like most lawyers, never having argued in the Supreme Court.

29 posted on 10/07/2005 11:11:03 AM PDT by blau993 (Labs for love; .357 for Security.)
[ Post Reply | Private Reply | To 16 | View Replies ]


To: blau993

Quite correct. I was trying to make the point that even "constitutional lawyers" have few chances to argue before the court. I managed to get a Writ of Certiorari on one case but it was mooted before argument. The IRS backed down. I would not have argued the case myself. I merely wrote a great deal of the petition along with two other attorneys.

My con law teacher was a Solicitor General under Reagan, or was it earlier? Good man, Rex Lee, may he rest in peace. Even so, his boutique firm had few cases and they were carefully tailored for months and years before reaching that point (i.e., model plaintiff, circuit inconsistences, etc.).

Best of luck in your practice.


59 posted on 10/07/2005 4:47:05 PM PDT by caseinpoint (Don't get thickly involved in thin things)
[ Post Reply | Private Reply | To 29 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson