Students seeking to enroll in the appellate clinic are strongly encouraged to contact Prof. Andrussier before enrolling.
This is a year-long clinic, and enrollment is limited to third-year students (i.e., students enrolling in this clinic must have completed fourth semesters of law school). Because of the time necessary to handle an appeal through briefing and argument, this is a year-long clinic offering 3 credits in the fall and 2 credits in the spring, and each student must enroll in both semesters.
For a practitioner, the appellate process focuses largely on researching and writing; thus most of the work in this clinic will entail researching and writing. Work will include reviewing the trial court record to identify appealable issues, conducting sophisticated legal research, drafting research memos, drafting appellate briefs, participating in tactical decision making, preparing the excerpts of record for the court of appeals, and preparing for oral argument if argument is scheduled. If oral argument is calendared during the academic year, a student may also argue the appeal, with client and court permission (only one student on a team can argue any appeal). In addition, the clinic director will meet with the students in a seminar setting early in the year to discuss appellate advocacy and the law necessary to handle the appellate work.
It is helpful (though not required) to have previously taken appellate practice. Students should not enroll in both courses simultaneously. It is recommended that students enrolling in this course have completed or have contemporaneously enrolled in the federal courts course.
- As with other clinics, this course may not be dropped after the first class meeting.
- Clinic students represent real clients, enter appearances in court, and operate under court-imposed deadlines. Consequently, if scheduling conflicts arise, work on a clinic case must take priority over extracurricular activities (such as moot court).
- Because of tight court-imposed deadlines and the demands of appellate practice, this course requires students to be exceedingly flexible with their schedules and to dedicate significant amounts of time in the briefing process and in preparing for oral argument. The briefing schedule overlaps with fall break, and for reply briefs the schedule has often overlapped with a portion of winter break. Oral argument preparation has often overlapped with spring break, and indeed a court may calendar oral argument during or within days after spring break. Hence the need for flexibility.
- Like students in all other Duke clinics that meet in the fall, appellate clinic students must attend the all-day clinic intensive held on a Friday in early September.
|Course Areas of Practice|
Other professional skills needed for competent and ethical participation as a member of the legal profession