Effective Appellate Advocacy from the "Second Chair"

Much has been written, including in the pages of this magazine, about effective appellate advocacy. Seemingly all of that literature has focused on the role of the “lead attorney” on appeal—that is, the “first chair,” the counsel of record, the name at the top of the signature block, the oralist. But generally speaking, an appellate team consists of that lead attorney and some number of “second- chair” attorneys—for example, one or more junior partners or associates. This article examines the role and responsibilities of those attorneys occupying the “second chair.” The discussion below should assist not only the young practitioner still learning about the appellate process, but also the most senior and experienced appellate attorney in organizing his or her appellate team and in clarifying his or her expectations for any second-chair attorney on that team.

Read the article, "Effective Appellate Advocacy from the Second Chair" here.

Republished with permission. This article first appeared in For The Defense (A DRI publication) in their February 2017 issue.