Indigent appellate advocacy has long been confined to a narrow, technocratic model—one that prioritizes legal expertise over client autonomy and treats appellate cases solely as isolated legal battles rather than opportunities for systemic change. Unlike their trial-level counterparts, appellate attorneys representing indigent clients have received little scholarly attention, leaving critical questions about client participation, ethical representation, and social justice largely unexplored.

This Article challenges the status quo, arguing that appellate attorneys should rethink their role in ways that empower clients and confront the broader injustices shaping their cases. We introduce two alternative frameworks—client-centered appellate representation and participatory appellate representation—that draw on innovations from trial-level practice. Client-centered appellate representation encourages meaningful client communication, recognizes clients’ holistic goals, and solicits their input in decisionmaking. Participatory appellate representation adapts insights from the participatory defense movement and other social justice lawyering models, creating opportunities for appellate attorneys to work collaboratively not only with clients, but also with their families, communities, and grassroots organizations.

These models respond to several pressing challenges in indigent appellate practice, including structural inequity, attorney burnout, and the erosion of trust between attorneys and clients. By adopting the models we describe and expanding beyond the four corners of the case, appellate attorneys can help both clients and communities challenge the systemic conditions fueling injustices in the legal system—broader goals that are particularly important in times of retrenchement.

This Article also grapples with the challenges of client-centered and participatory representation, including limited resources, professional norms, and ethical dilemmas. But it contends that implementing these models—whether piecemeal or wholesale—at the appellate level is both feasible and just.

Continue reading Transforming Indigent Appellate Advocacy.