Profiles of Life in the Law: Kerry S. Jamieson '06

October 10, 2012

Kerry S. Jamieson ’06 came to the School of Law committed to being an advocate and a voice for underrepresented members of society. Here, she talks with Law School Communications Director Lori Herz about her current work as a Senior Staff Attorney at the Office of the Appellate Defender (OAD) in New York and its roots in her legal education at St. John’s.

LH: What are your primary responsibilities at OAD and how would you describe a typical work day?


KJ: I handle appeals of felony criminal convictions in the Appellate Division, First Department, including oral argument before the court. I also supervise other OAD attorneys and represent clients at post-conviction hearings and proceedings in New York trial courts. I can’t say that I have a typical workday, but most of my days are spent reading trial transcripts, conducting research and writing briefs. Appearing in trial court adds a welcome dimension to my appellate work. Unlike appellate litigation, where I have time to formulate and hone my arguments, trial court practice is a lot more fast-paced and unpredictable. Because most of my clients are incarcerated in prisons that are scattered across upstate New York, I spend some days traveling to see them. It can be challenging to effectively communicate with a client in prison solely through written correspondence and time-limited telephone calls. So, I try to visit every client at least once during the course of the litigation. When I finally have an opportunity to meet with a client face-to-face, it solidifies the attorney-client relationship and gives me a chance to further explain the issues in the case in an environment that is more conducive to the flow of information.

LH:  What are the greatest challenges and the greatest rewards of your work?

KJ: The greatest challenge for me is dealing with client disappointment when there are no issues that can be raised on appeal. Many clients feel that they were not given a fair shake at the trial level, and believe that appealing their case will correct everything. In some cases, however ― particularly convictions resulting from plea bargains ― I’m unable to identify any basis for appeal, and that is sometimes very difficult for the client to accept and understand. It’s important to find a way to clearly and accurately explain why I can’t file an appeal, while still expressing compassion and empathy. By contrast, I find it extremely gratifying when I’m able to obtain a favorable result for a client, especially in a case where the client was serving a lengthy prison sentence. For those clients, obtaining an appellate victory is often life-altering and can result in him or her being able to return to society immediately or much sooner than would have been possible under the initial sentence. This can have an enormous impact on the client’s family and the client’s ability to reintegrate into society.

LH:  Did you come to St. John’s intending to practice in the public interest or did your desire to do public interest work spark and grow during your time in law school?

KJ: I always knew that I wanted to practice public interest law. I wanted to be an advocate and a voice for the underrepresented members of society. Luckily, St. John’s provided me with an opportunity to gain practical public interest experience while I was in law school and let me see how I could make a difference in people’s lives.

LH: Can you trace the major milestones on your career path through the Law School and into post-graduate practice?

KJ:
I always liked writing ― I was a journalism major in college ―so appellate practice seemed like a good fit for me. I excelled in my 1L legal writing classes and was awarded the CALI award for Excellence in Legal Writing. I also participated in the Frederick Douglas Moot Court Competition, where I was a semifinalist. I was very fortunate to find a job right out of law school that married my desire to practice public interest law with my researching, writing and oral advocacy skills. I obtained a conviction reversal on the very first case that I argued before the Appellate Division, and I had several successes after that. I also had the opportunity to argue two cases before the New York Court of Appeals. The first case, which I argued in January 2011, was not decided in my client’s favor, but resulted in a four-to-three decision, with a vigorous dissent from the Chief Judge. In my most recent Court of Appeals case in May 2012, I convinced the Court to reverse my client’s conviction and order a new trial where the eleventh-hour introduction of DNA evidence unfairly prejudiced the defense.  

LH:  What Law School classes and co-curricular activities most influenced you and your choice of career?

KJ: The Law School clinics and externship program that I participated in helped to prepare me for practicing public interest law. I enrolled in the Elder Law Clinic and the Child Advocacy Clinic and I was a legal extern at the Queens District Attorney’s Office through the Criminal Justice Externship program. Clinical education exposed me to motion practice and courtroom procedure. After graduation, I was able to draw on these experiences and incorporate what I had learned into my legal practice at OAD.

LH:  Did you have any faculty mentors at the Law School?

KJ: I developed great relationships with all of my clinic professors, but I viewed ―and still view ― my Elder Law Clinic professors as mentors. Professors Ann Goldweber and Gina Calabrese were instrumental in helping me navigate law school, job hunting and life generally. They taught me the importance of maintaining client communication, remaining civil, yet assertive, with opposing counsel and being thorough with my legal research. I’m sure that I will feel their influence and call on their expertise for many years to come.

LH:  What advice would you give to incoming 1Ls who think they want to practice public interest law?

KJ: I would recommend that they enroll in at least one of the Law School’s clinics to get hands-on experience representing clients. It will help them acclimate to the unique client base that is served by public interest attorneys.         

LH:  Kerry, thank you for offering us this profile of your important work in the public interest.