Study

The Appellate Litigation Clinic is a yearlong clinic that offers students the opportunity to work on federal appeals in civil or criminal cases involving complex, important legal questions. The clinic aims to advance the public interest and help secure access to justice for those who are underserved by the legal system. Because appellate practice focuses largely on legal research, brief-writing, and oral argument, students will receive intensive training in written and oral advocacy as they are practiced in some of the highest courts in the nation. Students will also engage in all the other critical aspects of appellate practice, including: meeting with clients, listening to them, learning to tell their stories, educating them (and any cocounsel) about the pertinent substantive law and appellate practice, developing effective legal strategy, and identifying and addressing ethical concerns. Skills developed in the clinic are the skills of lawyering—not just appellate lawyering. They will be directly transferable to trial-court litigation, regulatory work, government service, and many other career paths in the law.

Clinical students will work in teams of three to review the trial-court record, identify legal issues for appeal, conduct legal research, prepare outlines of arguments, participate in tactical decisionmaking, draft and edit briefs, and prepare for oral argument. Students will also collaborate on the other team’s case and participate in the litigation of a variety of legal issues. Subject to the clients’ permission, court approval, and an argument date during the school year, a student will argue each appeal in court. A weekly seminar will include reflection on case work, instruction in appellate procedure and effective written and oral advocacy, and exploration of how to negotiate workplace power dynamics and ethical issues that new lawyers often face.

Enrollment Policies:

Enrollment is limited to third-year students (i.e., students who have completed four semesters of law school).

To allow students to experience the entire life cycle of an appeal, from the notice of appeal and identification of appellate issues through oral argument, the Appellate Litigation Clinic is a full-year clinic. Students enrolled in LAW 407 will therefore also be enrolled in LAW 408, Appellate Litigation Clinic (Spring). Students will not be permitted to enroll in the clinic for just one semester. Students will receive 5 credits in the Fall semester and 3 credits in the Spring.

As with other clinics, students are required to attend the clinical intensive-training session at the start of the year; and the course may not be dropped after the first class meeting. Students who have previously completed a clinic may skip some portions of the intensive.

International LLM students who wish to enroll in a clinic must seek the permission of the clinic’s faculty director before the enrollment period. Permission is required to enroll but does not constitute entry into the clinic.

Completion of or contemporaneous enrollment in Federal Courts is useful but not required. It is also helpful but not required to have already taken Appellate Practice. Students should not, however, take Appellate Practice and the Appellate Litigation Clinic at the same time.

Spring 2026

Course Number	Course Credits	Evaluation Method	Instructor
408.01	3	Group project(s) Practical exercises Live-client representation and case management Class participation	Richard Katskee
Canvas site: https://canvas.duke.edu/courses/74811