What Is The Staff Attorney's Job?

A staff attorney with Appellate Advocates has both a great deal of individual responsibility for the cases assigned to him or her and a wide array of resources available to support him or her in providing the best representation to the client.

Staff attorneys at Appellate Advocates handle appeals from trial convictions (appeals from guilty plea cases, which tend to be more limited, are handled by the supervisors). Most of our clients are serving very long prison sentences for serious felonies, including homicides, robberies, burglaries, assaults, and sex and drug crimes.

Attorneys do not have to compile the appellate record. Our paralegal staff does so and the case is not assigned to an individual attorney until we believe the record is complete.

The attorney carefully reviews the record on appeal, identifies issues, researches them, and determines what issues are viable and which of the viable issues will make for the most persuasive appeal for the client. The attorney is also responsible for communicating with the client, the Court, and his or her adversary. The attorney argues the appeal in the Appellate Division. If the case goes to the Court of Appeals, the attorney also briefs and argues it before that Court. In appropriate cases, the attorney may also file a motion in the trial court, a writ of habeas corpus in the Federal District Court, or some other proceeding that may benefit the client.

Attorneys new to the office are given an extensive orientation and training program, focusing on vital areas of New York criminal law and procedure and brief writing skills. They are also assigned an individual supervisor to guide them through the briefing of their first few appeals. No matter how experienced an attorney is or becomes, every brief he or she writes undergoes a rigorous supervisory and editing process, for both legal content and writing proficiency, before it is filed.

Attorneys are kept up-to-date on all important developments in the criminal law. They have Westlaw available at their desks, as well as the use of our substantial hard-copy on-premises library. As an accredited New York CLE provider, we provide continuing legal education programs to our staff, with presentations given by supervisors, staff attorneys, and guest speakers throughout the year. Groups of attorneys also meet every three weeks to discuss the cases on which they are working and get feedback and suggestions from their colleagues.

Attorneys are salaried and receive generous fringe benefits competitive with those provided by other defender organizations in New York City.