How to Become an Appellate Attorney

by Clayton Browne

The losing party in a civil or criminal trial has the right to have the trial reviewed by a higher court to confirm the validity of the decision. This is called making an appeal. Appellate law is the set of rules and practices by which higher courts undertake reviews of lower court judgments. An appellate attorney specializes in making appeals, and in rare cases, an appellate attorney can take a case all the way to the U.S. Supreme Court. Appellate attorneys must have an exhaustive knowledge of the law so they can make a strong argument that the original trial was flawed or violated due process.

1. Complete a bachelor's degree program at an accredited college or university. While law school admission is competitive, a wide range of undergraduate degrees qualify you for admission.

2. Take the Law School Aptitude Test, LSAT, and earn a high enough score to be accepted into a good law school. Law school is a three-year program resulting in a J.D. degree. Law school curricula typically include classes in constitutional law, contracts, property law, appellate law, civil procedure and torts.

3. Apply for summer internships or part-time positions at firms that specialize in appellate law after completing your first year in law school. Appellate law is "law for lawyers," and there is a steep learning curve for even the brightest young attorneys. A successful internship can lead to a job offer, and professional experience is always a plus on your resume.

4. Apply for clerkships at appeals courts or junior attorney positions at firms that focus on appellate law. Take full advantage of your personal and professional network to pursue these opportunities.

5. Pass the bar exam in your state. The bar exam is a comprehensive legal exam required to practice law in a courtroom in all states. Attorneys can work on a consulting basis if they have not passed the bar.


  • Be active in the research and publication of your law school's law review. According to Evan Tager, co-chair of the appellate and Supreme Court practice group at Mayer, Brown, Rowe & Maw in Washington, D.C., "Generally, firms like ours prefer candidates who were on law review and had a prestigious appellate clerkship." [2]

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