Winning on appeal

Winning on appeal points out another difference between trial and appellate attorneys.  It also demonstrates a study in delayed gratification.  While the trial attorney will devote a substantial amount of time in trying a case, which means a long-term adrenaline rush, he or she may almost immediately observe the fruits of those efforts when a decision is reached by the trial court or jury.  On the other hand, the adrenaline will build and build as the appellate attorney prepares for oral argument, which requires the attorney to be vigilant as to the questions and reactions by a number of people.  After the hearing is over and the matter is deemed submitted, the appellate attorney goes back to the office without knowing the final outcome.  Some of us - and I include myself in this group - are almost completely useless after the adrenaline has returned to a normal state.  All that is left for me is a frozen yogurt "reward" and a good nap.  And then the waiting begins!  Imagine a trial attorney waiting a few weeks or even months to find out what happened after the case is delivered to the trier of fact.

Even if gratification is delayed, it is still a rewarding experience to win an appeal.  This is especially true if you are representing the appellant, who is expected to lose based on statistics.  And if you represent the respondent and win, well, then, it is no big deal as everyone really expected you to win.  Better yet, if you win and the case is published, that's especially good news because you have participated in shaping the law and your name will be written on the books after you are dead and buried (or otherwise).

Sometimes winning isn't about the money and you may feel satisfied even if you haven't recovered a single penny for your client.  Which leads me to my most current win, Entezampour v. North Orange County Community College District, 2010 Cal.App. LEXIS 2053, which was decided by the Court of Appeal, Fourth Appellate District, Division Three.  In the scheme of things, it may not have been that big a case.  I didn't obtain a big financial victory for the client.  In fact, the case was only at the demurrer stage, but if it had not been reversed, the trial court's judgment would have represented the end of the line for Mr. Entezampour, who was fighting to become a full-time teacher at Cypress College.  Mr. Entezampour was not new to the game; he has been a teacher for over 26 years.  If you spoke to him, you would know how much teaching means to him.   Even though I never observed one of his classes, I would bet that he is an excellent teacher.

Not only was Mr. Entezampour a teacher, but he went on to become an administrator at Cypress College.  He continued to teach part-time, and when the opportunities arose, he applied to teach even more classes.  When Mr. Entezampour's contract as an administrator was not renewed, pursuant to the Education Code section 87458, he had certain "retreat rights" to become a full-time probationary teacher.   Everyone acknowledged he had such rights - the Education Code, the school's written policies, and even personnel at Cypress. And Cypress College even had openings. But they argued that even though Mr. Entezampour had "retreat rights," that didn't translate to a corresponding duty on the school's part to honor those rights.  Go figure.  Mr. Entezampour decided to challenge that decision by a petition for writ of mandate, which was tossed out by demurrer.  And up we went to the appellate court, which decided in our favor and published the decision.

Had the appellate court decided against Mr. Entezampour, that most likely would have been the end of it.  The chances of getting relief on rehearing or from the Supreme Court are so difficult that the Court of Appeal is really the court of last resort for most of us.  This decision breathes new life into Mr. Entezampour's quest for a teaching position.  For me, the decision was immensely satisfying.  It was a case that I took because I felt that a real wrong had been committed and I had the chance to find a remedy for that wrong.  Mr. Entezampour will continue his fight, and perhaps get a job that is worthy of his skills and talent.