Tips From the Bar: John Addams on the Art of the Appeal

John Addams of Niddrie Addams Fuller Singh LLP has spent more than three decades helping clients navigate civil appeals, and his advice for newer lawyers begins with a simple proposition: focus on what matters.

For Addams, a strong appeal is not a catalogue of every unfavorable ruling. Too many issues can distract from the best arguments and make it harder for the court to see a persuasive route to reversal.

“Newer attorneys representing appellants often raise too many issues and submit briefs that are unnecessarily long,” said Addams, a California Certified Appellate Law Specialist. 

His advice for oral argument is equally practical. “While called oral ‘argument,’ it’s better to think of the experience as an opportunity to have a meaningful conversation and exchange with the court,” he said. “Listen carefully to the panel’s questions and answer them as directly as you can.”

Addams has handled civil appeals in state and federal courts involving business and real estate disputes, employment litigation, class actions, probate litigation, insurance coverage and bad-faith claims, elder law, and personal injury. His earlier experience as a trial attorney continues to inform his appellate work, including his assistance with critical motion practice and appellate-conscious trial strategy.

The work’s relative separation from a trial court’s crowded calendar, however, does not make it easy. While trial litigation can mean numerous deadlines, heavy calendars, and contentious discovery disputes, a full-time appellate practice, including law-and-motion work, brings a different kind of pressure. “It demands high-level research and analysis, close review of lengthy records,” Addams said, “and the continual drafting and editing of briefs.” The work can also be solitary. “To stay your best over time, it is important to maintain your physical and mental well-being and social contact,” Addams said.

That emphasis on social contact carries into Addams’ view of networking. “Focus on building personal relationships rather than simply building contacts,” he said. He encourages appellate lawyers to make themselves available to trial counsel with questions about procedure or strategy, even when the conversation does not immediately lead to a new engagement. “Make yourself available to trial lawyers to answer questions about appellate procedure and give advice without necessarily billing your time.”

Addams has found professional community through the Inns of Court. As a Master in the San Diego Appellate Inn of Court and Lopardo Inn of Court, he participates in programs with newer lawyers, experienced advocates, judges, and justices. “From the newer attorney to the most seasoned practitioner,” he said, “we all learn and improve our craft.”

For lawyers beginning their careers, his final advice remains uncomplicated: “Find a great mentor.” Addams credits Hon. Michael Anello, Alan Brubaker, Charles Grebing, David Niddrie, and Mike Fish among the people who helped guide his own development.

Addams came to appellate practice after spending much of his first decade as a trial lawyer. “I was drawn to appellate practice because I enjoyed research and writing,” he said, “and found the practice to be very conducive to raising a family.” 

In Addams’ case, that last word has an additional resonance. He is a member of the Addams family, a distant relative of Charles Addams, whose cartoons introduced the world to the famously unconventional clan.

Da-da-da-dum … snap, snap.