Phyllis W. Cheng - Los Angeles County District Attorney's Office and Los Angeles City Attorney's Office (Appellate Section)
The Best Experience in
Law School
Since most law suits are settled, few lawyers ever go to court. For the cases that do end up in litigation, only the most experienced attorneys have the opportunity to argue before a jury. Of those small number of cases which are appealed from the trial court level, even fewer attorneys write appellate briefs or argue before an appellate court. Indeed, it may take a lawyer an entire career to get one such opportunity, so it is unlikely that a law clerk will have a crack at it.
However, law students can have such invaluable trial and appellate advocacy experiences through the externship program. I had two such opportunities: a trial advocacy experience with the Los Angeles County District Attorney's Office, in the Glendale-area Office, and an appellate advocacy experience with the Los Angeles City Attorney's Office, in the Appellate Section of the Criminal Branch.
To carry out trial advocacy responsibilities at the District Attorney's Office, a law student must be certified by the State Bar of California after meeting the prerequisites of passing evidence and civil procedure. A certified law extern at one of the District Attorney's area offices may be placed immediately into a courtroom of the court to assist a deputy district attorney with the calendar, arraignments, plea bargains, communication with witnesses, pre-trial conferences, felony preliminary hearings, restitution and probation violation hearings, and preparation for misdemeanor jury trials.
Over the eight weeks of my externship with the D.A.'s Office, I conducted, under supervision, two misdemeanor jury trials from voir dire to final arguments. The charges included being under the influence of PCP in the first trial, and driving under the influence of alcohol in the second trial. I also had the opportunity to represent the People in a court trial, four preliminary hearings, various restitution hearings, plea bargaining negotiations, as well as carrying out a few legal research and writing assignments. Trial advocacy is exciting and colorful, with a life of its own.
Because of the heavy case load at the D.A.'s Office and the unpredictability of court calendars, it is often difficult to be adequately prepared. As a result, mistakes do occur. On the most part, judges, district attorneys, public defenders, private defense counsel and court staff are understanding and try to help the inexperienced extern along. With each court appearance, the rules of evidence and procedure become more meaningful by actual application, and one learns the proper conduct in a courtroom. At the very least, after eight weeks of daily appearances at counsel table, one is less intimidated about being in court.
At the City Attorney's Appellate Section, a rigorous legal research and writing program along with excellent supervision are offered under the externship program. The Appellate Section represents the People in appeals before the Appellate Department of the Superior Court, usually brought by criminal defendants who lost in the court below. The Section also represents the People before the Court of Appeals and higher appellate courts.
During the course of my tenure with the City Attorney's Office, I wrote four legal memoranda. The diverse criminal and constitutional law topics included analysis on: whether a non-driving owner in a hit-and-run accident has a special duty to offer information; whether a juror's conditional assent to a verdict on polling is a ground for impeachment; whether denial of demurrer in a separate civil suit is res judicata on a criminal appeal; and whether the theory of prior restraint applied under a penal code which barred access to the University of California. I also wrote one respondent's brief on the validity of a defendant's nolo contendre plea, which was filed in the Appellate Department of the Superior Court. Since I was not certified at the time, I could not represent the People in oral argument. Happily, though, the Superior Court affirmed the judgment in favor of the People.
The appellate advocacy experience in the City Attorney's Office was an excellent opportunity to polish up on legal research and writing skills, and to be trained by some of the best appellate lawyers in the system.
These externship experiences offered me the rare opportunity to engage in trial and appellate advocacy in real settings with real consequences--an opportunity many lawyers never have. For students who learn best by doing, there is no better way.
Note: Dr. Cheng is currently a Deputy Attorney General with the Department of Justice; immediately prior to that, she sat on the California Fair Employment and Housing Commission.
