Over the past few days I've been reading a forthcoming law review article called Structural Reform in Criminal Defense, by Michigan law prof Eve L. Brensike. While I don't agree with her proposal,* she does make one interesting observation on the distinction between trial lawyers and appellate specialists (at page 44):
Scholars and practitioners alike recognize that, in our current system, trial and appellate attorneys have different roles and therefore the jobs attract individuals with different skill sets. The trial attorney is the nitty-gritty, into the facts, charismatic litigator who regularly interacts with clients, witnesses, and jurors whereas the appellate attorney is an erudite, book worm who reads appellate reporters and enjoys holing himself up in an office to write appellate briefs all day.OK, OK, so I do sit in my office all day with the door closed reading cases and writing briefs. But I'm not that dull! Thankfully, my girlfriend seems to go for the erudite book worm types. :)
* Basically, Brensike proposes to move ineffective assistanceof counsel claims from post-appeal habeas proceedings to the direct appeal process, providing for means to expand the record to deal with such claims. I'm not convinced that the proposal is either practical (it will dramatically increase the price of indigent representation) or beneficial.
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