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Herb Fox

Appeals Attorney at Los Angeles, CA

4.8   20 reviews
Virtual consultation available
Virtual consultation available
  • Licensed for 36 years
    State CA
    Acquired 1986
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Herb

Learn Herb’s areas of practice.

Practice area
  1. Appeals
    I have been attorney of record on more than 300 appellate proceedings, and I have consulted on hundreds of other appellate matters. My appellate practice includes family law, probate, real estate, business, employment, and personal injury.

    37 years, 300 cases


I am a certified appellate law specialist (California State Bar Board of Legal Specialization).  100% of my practice is devoted to civil appeals and writs thoughout California. I have handled over 100 appeals through decision and I have consulted on hundreds of other, in areas of law including family law, probate, insurance coverage, personal injury, defamation,  labor law, environmental law, business litigation, class action law, and professional liability. I maintain offices in Santa Barbara and Century City. I am AV rated by Martindale Hubble and I have been named a Southern California Superlawyer for the past ten years.


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Contact Herb

Law Office of Herb Fox
1999 Avenue of the Stars
Suite 1100
Los Angeles, CA, 90067


4.8 / 5.0
  20 customer reviews
Posted by Luis D. | July 26, 2011
Mr. Fox came into my life like an angel during the worst time in my life. I was going through a hard appeal. Mr. Fox represented me and in a matter of a few weeks got my ex wife's appeal dismissed. Thanks to this amazing attorney and human being I was able to keep the people I love the most in this children. If there is one attorney I highly trust and recommend, that is Mr. Herb Fox. He is friendly, experienced and highly professional. I will always be thankful to have found Mr. Fox!
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Posted by anonymous | June 22, 2011
The best attorney in Southern California
I don't have enough words to thank Mr. Herb Fox. My brother has custody of his 3 beautiful children and was going through an appeal, my brother was devastated thinking he might lose his children. Mr. Fox not only was able to defend him with the appeal, but was able to get it dismissed. I highly recommend Mr. Herb Fox, he is an experienced and excellent attorney and a wonderful human being. Thank you Mr. Fox for keeping my family together...for helping my brother, God bless you. Shirley
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Posted by Ghassan nono | January 20, 2023
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
An amazing person. He guided me through appeal proceeding. Very patient and polite. I asked him a thousand questions and he was happy to answer all of them clearly. Good man
Posted by anonymous | June 21, 2019
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Incisive, Insightful, and Caring Appellate Counsel (Could Discern That After Just One Phone Consultation)
I consulted Mr. Fox re: two unrelated, but concurrently proceeding cases, in which I thought appellate and/or writ relief might be an option, but my attorney did not do appeals. In the first matter, we had filed the appeal, but the defendants had brought a motion to dismiss it, and I was freaking out, not knowing what to do. There were number of confusing and concatenated procedural snafus that had taken place, and I always find that it's difficult to get people to understand them; further, I have severe anxiety and PTSD as a proximate result of what the tortfeasors put me through in the case. So, I am always fearful I'll not be listened to very long before being shunted aside by someone too busy or impatient. Mr. Fox e-mailed me to send a bunch of specific documents he required before our phone consult. Fortunately, I had kept good records, and I'm very good at writing. In the other matter, we had been denied due process, and I was admittedly somewhat emotional: I wanted to take a writ because I felt the trial court had done an end run around me and my lawyer by denying us notice and opportunity to be heard. Well, within only a day, Mr. Fox and his staff had reviewed the [rather voluminous] documents I'd provided. I then heard from him the next morning, and we had a really good conversation. Mr. Fox put me at ease instantly, and was able to speak in depth about both matters with me. I have not had many "free consultations" with attorneys, but I will say Mr. Fox was extremely generous with his time. It was clear to me he was never flippant or dismissive of the fact that I had learned a lot of things on my own about the law (unlike some attorneys I have seen who groan when I say I had to file some things as a pro per litigant in between being represented). We were able to chat freely about legal points and authorities without him saying "because I'm a lawyer and I said so." But, ultimately, I knew that with Mr. Fox, his 30+ years of experience were indeed a great deal of why he might feel one way or the other. He told me he wouldn't do the writ if I threw $25k in his face, but could help me with the appeal should I need it. He said I should file a paper and the Court would be >50% to grant it in the meantime. He was right, and they did. I am seriously thinking about consulting him further and possibly engaging him as my attorney, depending on certain other factors. He is also, of course, sharp as a tack, and that is obvious when you talk to him. I will not hesitate to refer him to any of my friends who need appellate specialists in the meantime. Thank you again, Mr. Fox.
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Posted by David | May 11, 2019
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
He got back to me and
I believe I will be retaining him for limied services. He communicated with me well and worked with my hearing disability. Other attorneys would not help me.
Posted by Sylvia | October 13, 2018
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
how to deal with a Lawyer who won't respond !!
He told me what I needed to do and it was greatly appreciated, although I had left out some information he was still able to give me precise information to help me get this resolved !!
Posted by anonymous | March 3, 2018
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Concise and generous
Mr. Fox answered my question regrading appeals and settlements with more than "general" info, but specific times and estimates within the district I am in. I have also in the past reviewed his other responses for appeal info that are posted on his profile. What a resource. He always seems to go that extra mile with specifics, and has a confidence about it too. I think he is an Avvo ambassador and those who need a little honest help are sure fortunate if he responds to your question! Thank you Mr. Fox.
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Posted by Asfaw | February 13, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Herb Fox on Teferi Vs. ESFNA and Dawit Agonafer
Mr. Fox was open, honest and respectful from the day I met him to the last minute until he won my case. He was very cautious about each and every discussions because he wanted to make sure that he doesn't give me false hopes or empty promises. He did prepare me for any outcome on every one of our discussion. His understanding of the case in a very short period of time was amazing and important to give me confidence that my attorney knows exactly what is going on. His answers/respond to the defendants' arguments were very powerful and to the point. I'm glad I had him as my attorney than the opposing side. More importantly, Mr. Fox's response time for my phone calls and/or e-mails was very quick and he never rushed me during our discussion/conversation. No matter how big or small my questions were, he answered them with patience and in simple terms so that I can understand them as a lame person. His charges were reasonable, exactly as promised and they were clearly defind by categories to avoid confusion. I know that people tell me many stories about their experiences with their attorneys but I was lucky and it was a pleasure working with Mr. Fox on my case. I'll use him and recommend him for any future appeal related cases. Asfaw
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Posted by Stanton | May 12, 2015
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Very insughtful, honest, and realistic.
Mr. Fox got back with me in a very timely fashion. He also took the time to carefully gather information from me and was honest and forthright with what my expectations are for my case, versus the actual reality of how my case may play out. I sent him several emails, informed by my layman's understanding of the law. He was not dismissive nor condescending in his responses (something I have found to be unusual with regards to my experience thus far communicating with attorneys and myself as the layperson). He patiently and clearly answered ever email, and though nothing can really be done at this point regarding the particulars of my case, he still offered a possible "Long Shot" scenario, informed me it was highly unlikely to work however, it was not completely beyond the realm of possibility, and then he was very honest with what the costs financially would be even with this "Long Shot" strategy." I can honestly say if I had the finances to hire Mr. Fox, I would. Thank you Mr. Fox for your consultation. Sincerely, -Stanton
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Posted by Mimi | May 11, 2015
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Very wise man
Herb gave excellent advice without being condescending which some lawyers on this site are. I highly recommend everyone to reach out to this lawyer. Brains and empathy.
Posted by anonymous | April 30, 2015
Super Helpful Appeal Assistance!
Herb is very responsive and super knowledgable about the appeals process. I had some technical process questions and he knew the codes and cases inside out. I spoke with several attorneys before him and he was the firsts to know the process in great detail. Lot's of details in an appeal that can make a significant difference in success. You are in great hands with Herb and he's just an overall nice guy. Thanks!
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Posted by anonymous | January 8, 2015
Herb Fox is a true definition of a super lawyer
I've been fortunate enough to discuss a case involving boundary dispute with Herb and found his expertise invaluable. Apart from being competent, Herb is a true gentleman, professional and extremely generous with his knowledge. It is an honor to endorse and recommend Herb to anyone who seeks legal advice regarding appeals.
Posted by Finn | June 13, 2014
Online advice
Maybe it is because I got the answer that I was hoping for but this guy is great .He gave a prompt and succinct response to a critical question and I will be eternally grateful , Also, you gotta love anyone who will volunteer free professional advice with nothing to gain,
Posted by Barb | May 28, 2014
Honest and Caring Appellant Attorney!
Herb handled my appeal with grace, honesty, and tremendous caring. From the moment he took my case, I knew I was in good hands. Herb's guidance helped me to negotiate a fair settlement that allowed the appeal process to completion; with full satisfaction. When I was placed in a position where it was difficult to make a decision, Herb helped me to make the right one! I'm pleased to be able to tell others about Herb, and how much he did for me. Thank you, Herb!
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Posted by Mory | November 22, 2013
Scholar Attorney
Mr. Fox, you have a great heart, I am so grateful for your legal assistance; I cannot imagine how it would have been possible for my case to survive this far without your help. The recent first instance opinion of the California Court of Appeal is an outstanding testament of your knowledge in the law that you prepared in my appeal's brief. Your contribution not only helped me, also helps many California Employees now and in the future. Thank you
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Posted by anonymous | July 25, 2013
Extremely efficient and kind. Great office staff.
Mr. Fox is very efficient and knowledgeable. I certainly get the strong sense he isn't "in it just for the money." His staff assistant, Debra, is attentive and polite. I think it would be a huge mistake not to at least initially consult with Mr. Fox in regards to a case.
Posted by Dave R. | April 3, 2013
Great attorney!
Mr. Fox has treated me with respect and dignity. Before I met Mr. Fox, I was uncertain of the future; he gave me hope that justice will prevail. Before I met Mr. Fox, my trust of attorneys was slim, he showed me a different side to what I had previously seen in attorneys. I would recommend Mr. Fox without reservation.
Posted by Clarissa | November 3, 2009
The Best
Oh my God,was I lucky to be represented by the best appellate lawyer in Southern California. Herb Fox is the best!. I Highly, highly, highly recommend him.
Posted by De Leon | May 18, 2017
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
the attorney was clear with me
Posted by anonymous | May 14, 2014
seems his priority is fee not the client
1 hour consult . collected fee in advance, told me how much it cost me to analize my case, close to $7500. just to tell me whether i have a case or not. than clost to $25,000 for the whole case.
Response from Herb Fox May 15, 2014
I am sorry to learn that you were disappointed in the service that you received. After our 90 minute consultation I believed that you were satisfied with the advice and guidance that I provided. Several days later I followed up by emailing to you, at your request and at no additional charge, further information pertinent to your legal needs. As you report, I provided to you estimates for assessing the merits of your potential appeal, and for thereafter representing you at the Court of Appeal. Assessing the merits of an appeal is one of the most important services that an appellate attorney can provide, because most appeals fail. It is a cost-effective method for identifying appellate issues and predicting the outcome, and thereby provides my client with the information that he or she needs before committing to the "full freight" of moving forward with an appeal that could take years and costs tens of thousands of dollars. The assessment provides a stop-loss function in the event that the appeal has little or no chance of succeeding. Some attorneys will accept your appeal - and take your money - without looking closely at the facts and law that will govern the outcome of your case, only to proceed to a predictable loss. I do not do that. Finally, you left a voicemail for me late Sunday night, asking that I call you on Monday morning. I had other client commitments lasting all day on Monday, however, and not hearing from you again I assumed that you had obtained the information you were seeking. I was waiting to hear your decision about retaining me to assess the merits of your appeal, when this AVVO review appeared. I take very seriously my commitment to my clients, and I apologize if there was a misunderstanding about the next step in our professional relationship. I encourage you to continue to seek the advice of an experienced appellate attorney, and I wish you the best in that endeavor.
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  • Hourly Rates $ 600-715 per hour
  • Contingency 10%-40%
Payment methods
Check, Credit Card


AVVO RATING 10.0 (Superb)

Work Experience

  • Owner
  • Law Office of Herb Fox
  • 1999 - Present
  • Partner
  • Kirker & Fox
  • 1996 - 1999
  • Associate Attorney
  • Grokenberger & Wilson
  • 1993 - 1996
  • Associate Attorney
  • Nichols Guthrie and Sims
  • 1990 - 1993
  • Senior Research Attorney
  • California Court of Appeal Second District
  • 1987 - 1990
View all work experience


  • City Univ of New York - City College
  • undergraduate
  • N/A
  • Golden Gate Univ SOL
  • law
  • N/A

Legal Cases

  • Malott v. Summerland Sanitary District (2020) 55 Cal.App.5th 1102
  • Reversed
  • Doe v. Marten (2020) 49 Cal.App.5th 1022
  • Reversed
  • Surfrider Foundation v. Martins Beach LLC (2017) 14 Cal.App.5th 238
  • Affirmed
View all legal cases


  • Consumer Attorneys Association of Los Angeles
  • Member
  • 2010 - Present
  • San Fernando Valley Bar Association
  • Member
  • 2009 - Present
  • Los Angeles County Bar Association, Appellate Courts Committee
  • Member
  • 2003 - Present
  • Ventura County Bar Association
  • Member
  • 2000 - Present
  • Santa Barbara County Bar Association
  • Member
  • 1990 - Present
  • California Lawyers Association
  • Member, Executive Committee, Committee on Appellate Courts
  • 2016 - 2020
View all associations

Languages Spoken

  • English


  • Los Angeles County Bar Association Appellate Tips for Trial Lawyers
  • The Abuse of Discretion Standard of Review
  • 2010
  • Los Angeles Daily Journal
  • Seven Points Your Clients Need to Know About Appeals
  • 2004
View all publications

Speaking Engagements

  • Appellate Courts Section
  • Family Law Appeals
  • 2018
  • Appellate Summit 2018
  • Appellate Malpractice
  • 2018
  • Appellate Courts Section
  • Probate and Trust Appeals
  • 2017
  • Estate Planning Section Meeting
  • Probate and Trust Litigation Appeals
  • 2015
  • Litigation Section Meeting
  • Statement of Decision and Verdict Forms On Appeal
  • 2015
  • Probate and Estate Planning Section
  • Probate and Trust Litigation Appeals
  • 2013
  • SBCBA Bench and Bar Conference
  • Appealing Your Arbitration Award
  • 2011
  • California Alliance of Paralegal Associations Annual Meeting
  • Practicing Appellate Aforethought
  • 2009
  • Ventura County Family Law Bar Association Annual Meeting
  • Appellate Law for Family Lawyers
  • 2009
  • SBCBA Bench and Bar Conference
  • Staging the Case for the Appellate Arena
  • 2008
  • SBCBA Bench and Bar Conference
  • Protecting Your Client (and Making Appellate Counsel Happy): Preserving and Preparing the Record for Appeal
  • 2007
  • Pincus Seminars MCLE Presentation
  • Demystifying Appeals
  • 2006
  • VCBA MCLE Luncheon
  • What Your Clients Need to Know About Civil Appeals (And When They Need to Know It!)
  • 2004
  • SBCBA MCLE Luncheon
  • Statements of Decision: Don’t Leave Court Without One!
  • 2004
  • SBCBA MCLE Luncheon
  • Where’s My Check? Staying Civil Judgments
  • 2003
  • SBCBA MCLE Luncheon
  • Inside (and Outside) the Court of Appeal (with the Hon, Justice Steven Z. Perren
  • 2001
View all speaking engagements

Attorney endorsements

Received (36)
Given (17)
Endorse Herb
Unknown Attorney | Mar 06
Relationship: Fellow lawyer in community
"An excellent lawyer who treats his clients with patience, care, understanding, and utmost professionalism. He is an even better person and I wholeheartedly recommend him for future services."
Appeals Attorney | Dec 29
Relationship: Fellow lawyer in community
"Herb is an outstanding attorney and an exceptional person who goes out of his way to assist his fellow peers. I am extremely impressed by his knowledge, support, and kindness."
Appeals Attorney | Dec 29
Relationship: Other
"Attorney Fox is an asset to the appellate community and has a thorough and detailed knowledge of the appropriate laws and rules critical to appeals."
Appeals Attorney | May 13
Relationship: Fellow lawyer in community
"Having seen Mr. Fox's responses to AVVO posts for quite some time, I find him to be extremely knowledgeable and well informed and I am certain his clients are well served. Great asset to this community!"
Appeals Attorney | May 06
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Appeals Attorney | Apr 01
Relationship: Fellow lawyer in community
"Mr. Fox knows his stuff. While I do a lot of appellate work, Mr. Fox knows this area of the law cold in the way only a specialist can. He is extremely generous with his time in advising other lawyers on appellate issues. Do you need an appellate specialist? Yes you do, and I recommend Mr. Fox to you without hesitation."
Litigation Attorney | Mar 31
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Unknown Attorney | Mar 16
Relationship: Fellow lawyer in community
"I endorse this lawyer."
General practice Attorney | Feb 27
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Unknown Attorney | Dec 24
Relationship: Other
"This lawyer strives to get the best results for his clients. I endorse this lawyer"
Unknown Attorney | Dec 22
Relationship: Fellow lawyer in community
"I have had the fortune to discuss a complicated appeal with Herb and found his advise to be invaluable."
Appeals Attorney | Dec 20
Relationship: Fellow lawyer in community
"28 years of experience with several as the senior research assistant for the court of appeals is what we call highly experienced in the very specialized area of appeals. His knowledge of both the law and procedure is excellent and evident in his pro bono contributions. Client reviews are stellar. READ THEM! Do yourself a favor if you are facing an appeal and want the best, call him for a consultation first."
Appeals Attorney | Dec 20
Relationship: Fellow lawyer in community
"I wholeheartedly endorse this lawyer. A brilliant, trustworthy and highly respected attorney in the legal community."
Appeals Attorney | Nov 04
Relationship: Fellow lawyer in community
"I endorse this lawyer. Attorney Fox provides a much needed service on Avvo. He donates his time to individuals who are in need of immediately legal answers."
Unknown Attorney | Jul 19
Relationship: Fellow lawyer in community
"I endorse this lawyer. An excellent attorney, very knowledgeable on the law, and a strong advocate for his clients."
Appeals Attorney | Jul 19
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Appeals Attorney | Jun 04
Relationship: Fellow lawyer in community
"An extremely talented and well respected attorney in the legal community, I wholeheartedly recommend him to anyone looking for a lawyer who knows the law and truly cares about protecting the rights of his clients and getting them the most favorable result possible."
Appeals Attorney | Apr 23
Relationship: Fellow lawyer in community
"I have not yet had the pleasure of working with Mr. Fox or of consulting him directly, but the consistently learned, thorough and insightful level of his observations here on Avvo put him at the top of my short list of attorneys to whom I would turn for help on an appellate matter in California."
Unknown Attorney | Mar 31
Relationship: Fellow lawyer in community
"Herb Fox is a very experienced attorney whose participation and comments in Avvo show his commitment to serving clients extremely well. He is an excellent attorney that I recommend wholeheartedly."
Appeals Attorney | Jan 23
Relationship: Fellow lawyer in community
"I endorse this lawyer."
View more endorsements