Appellate Lawyer: Telling A Court They Got It Wrong [Small Firm]

April 3rd, 2016 / By

There’s an old saying: When the facts are on your side, pound the facts. When the law is on your side, pound the law. When neither is on you side, pound the table. But if you’re an appellate lawyer? All you have is the law because the record (facts) is set at the trial level.

Virginia Whitner Hoptman is a 1981 graduate of the University of Virginia School of Law. Immediately following law school, she had back-to-back appellate clerkships. The first was with the Third Circuit and the second was with the U.S. Supreme Court. She changed course several times throughout her career, but has settled back where she started with a highly-specialized appellate practice.

In this episode, Virginia explains the appeals process for winners and losers at the trial level. She also talks to us about elitism in the world of appeals, how difficult it is to become a full-time appellate lawyer, and what makes appellate lawyers fundamentally different than trial lawyers.

This episode is hosted by Kyle McEntee, LST’s executive director. It is sponsored by ShouldIBeALawyer.com and Top-Law-Schools.com.

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  • Sy Abelman

    Never ever tell anybody they are wrong. SHOW them a better way. “Your honor, I believe this needs to be re-visited.” “Let’s take a look at it this way.” “Things have changed since the court looked at it in 1967.”

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