Persuasive Appellate Brief Writing and Oral Argument 101 (FL) (OnDemand and Recorded Package)

What You Will Learn

Purchase OnDemand Streaming or a Recorded Package for the entire program or just one day!

Part 1: Wednesday, June 26, 2024
1:00 p.m. – 3:00 p.m. EDT (incl. 10 min break)

Persuasive Oral Argument 101 Session

Speakers:  Hon. Gerald Cope, Jr. (Ret.), Hon. Carrie Ann Wozniak, Christopher Bellows 

1:00 p.m. 1:15 p.m.
The Basics: Process

• Scheduling
• Whether or not, and why, oral arguments get scheduled by the court
• How panels are assigned
• What is the usual timing?
• What are the most important rules?
• What happens after your argument?

1:15 p.m. – 1:50 p.m.
Strategy, Planning and Preparation

• Reasons to argue and when to waive
• Argument plans, argument notebooks and argument technology
• Practical preparation and practice techniques
• Moot courts: Who, why, when and how?
• Understanding judges’ objectives during oral argument
• What are judges are expecting from you?
• Maximizing limited time

2:00 p.m. – 2:40 p.m.
Nailing Your Argument 

• Rapid question identification and categorization
• Effectively addressing hypothetical questions
• Navigating policy-related concerns
• Scouting the court
• Divide and conquer? When, if ever, should you split argument?
• Dealing with a Hot Bench
• Dealing with a Cold Bench
• Coping with hostile (and other) questions
• Tips for Arguing Cases of First Impression
• In-person presentation tips
• Online presentation tips

2:40 p.m. – 3:00 p.m.
General Appellate Practice Q&A with Speakers

Part 2: Thursday, June 27, 2024
1:00 p.m. – 3:00 p.m. EDT (incl. 10 min break)

Persuasive Appellate Brief Writing 101 Session

Speakers:  Hon. Fleur J. Lobree (tentative, pending schedule), Hon. Carrie Ann Wozniak, Ilene Pabian, Garrett A. Tonier

1:00 p.m. – 1:25 p.m.
What Makes an Appellate Brief Persuasive?

• Following the Four C’s
• Targeting Your Audience
• Having a Reasonable Objective (Choosing Issues on Appeal)
• Brevity, and how to achieve it

1:25 p.m. – 1:35 p.m.
Drafting a Persuasive Statement of the Issues

• Issue Statements (11th Circuit Court of Appeals)
• Argument Headings and Sub-Headings
• Table of Contents and Table of Citations

1:35 p.m. – 1:55 p.m.
Statement of the Case and Facts

• Structure and purpose
• Introductions
• Relevant information to include/exclude
• Accuracy in representing the record on appeal

2:05 p.m. – 2:45 p.m.
Argument

• Effective Summary of the Argument
• Citing and Using Authority
• Making Your Argument
• Preemptively Addressing Counter-Arguments
• Additional Writing Tips in Drafting the Argument Section
• Conclusions

2:45 p.m. – 2:55 p.m.
Functional Sections of Briefs

• Statements on Jurisdiction and Preservation
• Standard and Scope of Review

2:55 p.m. – 3:00 p.m.
Final Q&A

Testimonials

“I appreciated the overview as well as the insights from judges and those who have done OAs.” – Natalie Rose Gossett, Esq.

“Questions answered and good general info and experience shared.” – Brandon Greenberg, Esq.

“Touched on most issues that needed to be considered.  Great to have handouts before session.”

“It was helpful to hear from acting judges.” – Natalie Rose Gossett, Esq.“It was a great refresher.”

“I appreciated having the perspective of judges and appellate attorneys.”

“I thought there was some very valuable info and tips about writing briefs, particularly from the two judges.”

“I appreciated how organized the panel was as well as the handout.”

“Very good information presented.”

“Overall, I found the program very helpful.”

“It helped me know how to prep for an OA.”

“Questions were answered, and good general info and experience shared.”

“I thought it was very good and informative.”

Faculty

Hon. Gerald B. Cope, Jr. (Ret.)
Former Chief Judge, Florida’s Third District Court of Appeal
Partner, Akerman LLP

A former Chief Judge of Florida’s Third District Court of Appeal and member of the court for 22 years, Gerald Cope is the chair of Akerman’s Appellate Practice. He represents clients in appellate litigation at the state and federal levels. Ranked by Chambers USA, peers say “He’s superb and doing great work.” He is a founding member of Akerman Bench, an innovative practice including former appellate and trial court judges providing the perspective of both sides of the bench. He conducts practice oral arguments for attorneys appearing in state and federal appellate courts, serves as a consultant on appeals, and provides support to trial counsel.

Mr. Cope serves as an arbitrator in cases administered by AAA and its international division, ICDR, where he has been appointed in commercial and maritime matters. He was recognized by the Business Law Section of The Florida Bar for his contributions toward the 2013 enactment of the Revised Uniform Arbitration Act in Florida. As a member of the Court of Appeal, he participated in approximately 60 appeals involving arbitrability of disputes, interpretation of arbitration clauses, proceedings to enforce or vacate awards, and comparable proceedings involving appraisal clauses in insurance contracts.

He has served as an adjunct professor teaching federal and Florida arbitration at the University of Miami School of Law. He is a member of the Executive Council of the Florida Bar’s International Law Section and Real Property, Probate and Trust Law Section. Mr. Cope also serves as a special master.

Hon. Fleur J. Lobree
Judge
Florida Third District Court of Appeal

Judge Fleur J. Lobree was appointed to the Court by Governor Ron DeSantis on April 25, 2019. She previously served as an Eleventh Judicial Circuit Court Judge in the criminal division from February 2013 through January 2015, and as a Miami Dade County Court Judge in the criminal and civil divisions from April 2011 through January 2013. Apart from her work on the bench, Judge Lobree has been an assistant state attorney, an associate with Hicks, Anderson and Kneale, a career law clerk for the Hon. Rodolfo Sorondo, Jr., and an assistant attorney general.

In 2021, Judge Lobree was the recipient of the Miami-Dade Bar Mario P. Goderich Legal Ethics Award. In 2014, she received the Dade County Bar Association Alan R. Schwartz Judicial Excellence Award. In 2016, Judge Lobree received a MADD Prosecution Award of Honor. Judge Lobree was listed among the Top Government Attorneys by the South Florida Legal Guide from 2007 through 2011. The Dade County Bar Association gave her a Put Something Back Pro Bono Service Award in 1996 and a Special Public Service Award in 1991. She earned a Davis Productivity Award in 1993 for work in Homestead as an ombudsman in insurance disputes following Hurricane Andrew.

In service to her profession, Judge Lobree is a member of the Appellate Court Rules and Criminal Court Steering Committees.  Previously, she spent six years as a member of the Florida Bar Criminal Procedure Rules Committee, including serving as its Chair and liaison to the Appellate Court Rules and Rules of Judicial Administration Committees. She also volunteered on a Florida Bar Grievance committee. Judge Lobree has trained attorneys and law enforcement officers on topics such as Extraordinary Writ Proceedings, Fourth, Fifth and Sixth Amendment Law, Ethics and Professionalism, Frye Hearings, Search Warrant Issuance and Execution, and Sunshine Law.

Judge Lobree was born in Evansville, Indiana and raised in Miami, Florida. She is a 1992 graduate of the University of Miami School of Law. She devotes free time to mentoring students through the Florida Bar law related education and Miami Dade Bar school programs committees. Since 2007, she has been a member of Save Our Sisters dragon boat racing team, created to raise awareness about breast health and enable breast cancer survivors to discover or regain fitness after treatment.

Hon. Carrie Ann Wozniak
Judge
Sixth District Court of Appeal

Judge Wozniak was recommissioned to the Sixth District Court of Appeal from the Fifth District on January 1, 2023, by Governor Ron DeSantis.

Judge Wozniak grew up in Orlando, Florida, and graduated with honors from the University of Michigan with a Bachelor of Arts in communications and political science.  She graduated cum laude from Stetson University College of Law, where she was Notes and Comments Editor of the Stetson Law Review and an intern with the Florida Supreme Court and the United States District Court, Middle District of Florida.

After graduation, Judge Wozniak was the Supervising Staff Attorney/Law Clerk for Justice Harry Lee Anstead of the Florida Supreme Court. After her clerkship, she returned to Orlando where she practiced in the areas of appeals and complex commercial litigation for a large nationwide law firm.  During her tenure, she advanced from associate attorney to equity partner and attained Board Certification by the Florida Bar in Appellate Practice.

While in private practice, Judge Wozniak served as Vice Chair of the Fifth District Court of Appeal Judicial Nominating Commission via nomination by the Florida Bar and appointment by Governor Rick Scott, and as a member of the Florida Bar’s Appellate Practice Section Executive Council, Appellate Rules Committee, and Appellate Practice Board Certification Committee.  She also served as Chair of the Florida Bar Statewide Advertising Grievance Committee and as Chair of the Professionalism and Appellate Practice Committees for the Orange County Bar Association. Judge Wozniak was a volunteer judge and legal advisor for the Ninth Judicial Circuit Teen Court and was awarded the Orange County Bar Association’s Elizabeth Susan Khoury Guardian ad Litem Award of Excellence in 2016 for her guardian ad litem work.

Christopher N. Bellows, Esq.
Partner
Holland & Knight LLP

Christopher N. Bellows is an appellate attorney who has handled complex civil appeals in the Supreme Court of Florida, all Florida District Courts of Appeal and the federal appellate courts.

Mr. Bellows also has significant experience in complex commercial litigation, including areas of contract law, Uniform Commercial Code, business torts, foreclosures, receiverships, replevins, construction disputes, landlord-tenant litigation, product liability, personal injury, first amendment, employment discrimination, housing discrimination, environmental law, professional malpractice, antitrust, securities fraud and shareholder disputes.

Ilene L. Pabian, Esq.
Partner
Holland & Knight LLP

 Ilene L. Pabian is an attorney in Holland & Knight’s Appellate and Litigation practice groups and is based in the Miami and Fort Lauderdale offices. Her practice focuses primarily on state and federal appeals and trial support. Ms. Pabian has significant experience in multiple substantive areas, including contractual disputes, commercial litigation, professional negligence, product liability, personal injury, wrongful death, consumer protection, trusts and estates, taxation, intellectual property, employment law, family law, administrative law, and sovereign immunity. She also provides strategic advice on matters involving legal ethics.

Ms. Pabian has litigated appeals in all of Florida’s District Courts of Appeal, the Florida Supreme Court, U.S. Supreme Court and U.S. Court of Appeals for the First, Second, Ninth, Eleventh and Federal Circuits. She also assists trial lawyers with appeals and matters before Florida Circuit Courts, the U.S. District Court for the Southern District of Florida and multiple other state and federal appellate courts, including intellectual property litigation in the Federal Circuit.

Ms. Pabian regularly works closely with trial lawyers from the outset of a case, utilizing her appellate knowledge to identify and analyze important legal issues arising during the litigation and ensure that the trial record is developed in a manner that maximizes our clients’ chances of prevailing in the event of an appeal. She is also often brought into complex cases at the trial level to draft dispositive motions and memoranda of law and assist in the development of litigation strategy.

Additionally, Ms. Pabian maintains an active pro bono practice. She has represented clients in a range of matters, including immigration and asylum cases, cases pursuant to the Hague Convention, and appellate matters in federal and state courts.

Ms. Pabian also serves as the Public and Charitable Service partner for Holland & Knight’s Miami office, where she oversees and coordinates the office’s intake of pro bono legal matters and community service projects.

Ms. Pabian is also an adjunct professor at the St. Thomas University School of Law in Miami, where she teaches appellate advocacy.

Garrett A. Tozier, Esq.
Partner
Shutts & Bowen LLP

Garrett A. Tozier is a partner in the Tampa office of Shutts & Bowen LLP, where he is a member of the Appellate practice group.

Garrett represents clients in a wide range of appellate and litigation matters involving commercial disputes, business torts, real-property litigation, and class action and insurance defense. He is experienced in appellate advocacy and procedure in state and federal appellate courts, and routinely prepares briefs on merits, on jurisdiction, and for extraordinary writs in original proceedings. Garrett also provides pre-trial and trial support to litigators, assisting in the development of legal arguments and ensuring that all steps necessary to preserve issues for appellate review are taken.

Prior to joining the firm, Garrett clerked for the Honorable Susan H. Rothstein-Youakim at the Florida Second District Court of Appeal. He also previously served as a Central Staff Attorney at the Florida Second District Court of Appeal, where he gained extensive experience in appellate jurisdictional matters, appellate motion practice, and original proceedings.

While attending the University of Florida Levin College of Law, Garrett served as articles and research editor for the Journal of Technology Law and Policy.  During law school, he also interned for the Honorable Darryl C. Casanueva at the Florida Second District Court of Appeal.

Fees

OnDemand Streaming!  On-Demand Streaming allows for a single person to view the seminar unlimited times until one year after the seminar is held. If you prefer On-Demand Streaming, be sure to select On-Demand Streaming on the right, instead of the Recorded Package download or DVD.

Recorded Packages!  Recorded Packages allow for a single person to download and view the program recording and are also available via DVD or CD.

Recorded Packages or On-Demand streaming are one per person per order.  

Discounted rates are available for 2-4 attorneys at your firm.  Licenses are available for  law firms or agencies that would like to distribute the video package or OnDemand Streaming access to more than four attorneys at their firm or agency.

Fees

Choose OnDemand Streaming or Recorded Packages in Download or DVD format
For this seminar, you can order the entire program, or just one day (Part 1 or Part 2)

Full Two-Part Program:

OnDemand Video Streaming:  $289
Your OnDemand access is good for up to one-year from the time of purchase.  Please be sure to select OnDemand Streaming to the right and check out.  OnDemand can be watched from any type of device.

Alternatively, you can order a Recorded Package in Download or DVD** formats as follows:

Video (with sound)* Recording & Materials Package (DVD or Download): $289
Audio Only* (for in your car, etc.) Recording & Materials Package – CD or Download:  $289
Order both the Video* and Audio Only* Packages for only $50 more – DVD or Download:  $339

Ordering One Part only (be sure to select either Part 1 or Part 2 at check out):

OnDemand Video Streaming:  $150
Your OnDemand access is good for up to one-year from the time of purchase.  Please be sure to select OnDemand Streaming to the right and check out.  OnDemand can be watched from any type of device.

Alternatively, you can order a Recorded Package in Download or DVD** formats for one Part only, as follows:

Video (with sound)* Recording & Materials Package (DVD or Download): $150
Audio Only* Recording & Materials Package – CD or Download:  $150
Order both the Video* and Audio Only* Packages for only $50 more – DVD or Download: $200

** CD/DVD orders will be charged $8.50 shipping and, in California, Sales Tax.

This program will be recorded live on June 26 & 27, 2024. Because we record our seminars live and they are edited, OnDemand Streaming and Recorded Packages are available approximately two to three weeks after the seminar is held.)

*The Video recording is a video of the webinar (with sound). The Audio Only recording are audio files only and are for those who wish to listen to it without watching a video (such as in the car or while walking).

Note:  OnDemand Streaming can be watched from any device.

However, all download packages must be downloaded to a computer first, before transferring them to another device due to downloading as zip files containing both the video/audio and a large folder with seminar materials contained in the download package.

CLE Credit

FL General: This program is approved for 4.5 units of General and 4.5 units of Appellate Practice CLE credits in Florida through 12/31/2025.

CA General: This program is approved for 3.50 units of General CLE in California.

CA Participatory Certified Legal Specialist: This program is approved for 3.50 hours of Legal Specialization Credit in Appellate Law. (Expires 06/25/2026)

CA Self Study (only) Certified Legal Specialist (for recorded packages): This program is approved for 3.50 hours of Legal Specialization Credit in Appellate Law. (Expires 06/25/2029)

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for up to 3.50 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above. Many attorneys ask for this and are approved in other states.