* 1st – 3rd Annual Advanced Appellate Conferences Bundle (WA) *

Audio program! (check our CLE Programs page for live versions)

Each year we gather together an all-star panel for our annual Advanced Appellate Conferences and this Audio Package Bundle is comprised of the recordings and materials from our First, Second and Third Annual Advanced Appellate Conferences held in Seattle in 2016, 2017, and 2018.

The faculty at these three seminars include sitting and retired Washington Supreme Court Justices, sitting Washington Court of Appeals Commissioners and long-time appellate practitioners.

These seminars delve into the advanced topics that are rarely touched on in full-day CLE courses, and many of the topics are proposed by members of the court, to address issues they feel are important to attorneys at the appellate level.

These programs are intermediate to advanced-level courses that give you a behind the scenes look at critical components of your appellate cases and includes in-depth discussions on tricky topics like raising new issues on appeal.

Each program has a different, unique agenda.

At our First Annual Conference, faculty discussed tricky ethical issues (and ethics credit is included), brief writing and oral argument strategies and advanced issues related to preserving and presenting the record. Someone from the court gave an appellate law and technology update, including discussing the E-Filing Portal, RAP Changes, and conventional wisdom about digital documents. Faculty also discussed raising new errors and presenting new evidence on appeal, including Rules 2.5 and 9.11.

The speakers discussed in detail issues and strategies related to settlement on appeal as well as rehearing & requests to publish advice. The final session of the day was taught by a sitting Supreme Court Justice and delved into practice before the Washington State Supreme Court.

At our Second Annual Conference, faculty discussed Motions for Discretionary Review and Petitions for Review, Amicus Curiae briefs, dealing with clients and trial attorneys, and gave a behind-the-scenes look at the Appellate Courts. Faculty again gave the latest technology update related for an appellate practice related to what the court wants and expects and will refuse. The also discussed new ethics issues (and ethics credit is included as well). A different discussion related to special brief writing and oral argument issues was also included.

During the Third Annual Conference, three sitting Appellate Court Commissioners discussed Motions for Discretionary Review. Faculty also covered advanced oral argument and brief writing topics, WA Supreme Court Petitions for Review, and raising new issues on appeal. The last session of the program dealt with post-decision and mandate issues.

 

You can see detailed agendas under the What You Will Learn tab.

Our Annual Conferences received off the charts evaluations, such as:

“This was the best CLE I’ve attended in recent memory. It ticked every box I wanted.” – Sharon Blackford, Esq.

“My personal objectives were well satisfied and I have done a lot of appeal work.” – Jerome C. Scowcroft, Esq.

“Very useful, well-presented, excellent content. Very relevant. I used to work in appeals and now am a public defender. I love Pincus CLEs…Your CLEs are always well-organized, filled with useful and relevant content. I have attended others and really enjoyed them. Thank you.” – Anna Samuel, Esq.

“Excellent seminar overall. Great content.” – Christopher Kerley, Esq.

“Good program.” – Garth Jones, Esq.

“Overall, very satisfied…great program…Ken Masters taught good, masterful guru stuff. Highly relevant.” – Michael E. Johnston, Esq.

“My expectations were satisfied/exceeded. I really found this seminar to be enjoyable and useful.” – Tim Higgs, Esq.

“Great course. I’ve been to several day-long courses. This was the first where I wasn’t bored…Excellent course! The contrasting views of the ethics discussion was really great. [It was an] excellent way to address the topic.”

“Even having handled a number of appeals, I still learned a lot of new, excellent information.”

“Great ‘behind-the-scenes’ insight.”

“I received a lot of useful information. Judge Stephens and the Commissioners were very helpful. Solid advice from Ken Masters. Well-prepared.”

 

To purchase the 2016 1st Annual Advanced Appellate Audio Recording Package only, you can go here.

To purchase the 2017 2nd Annual Advanced Appellate Audio Recording Package only, you can go here.

To purchase the 2018 3rd Annual Advanced Appellate Audio Recording Package only, you can go here.

 

Do you want to improve your public speaking skills? Get Faith Pincus’ newly published book Being Heard: Presentation Skills for Attorneys, from the ABA now (ABA members receive 10% off). It is also available on Amazon in Kindle and paperback versions.

Our First and Second Annual Conferences were sponsored by JurisCo. The 3rd Annual Conference was sponsored by CSBA:

 

   

 

 

 

 

Keyword: Appellate Law

What You Will Learn

Our First Annual Advanced Appellate Conference Topics include:
Ethics Session (and credit)

What’s new in appellate law and technology

  • Appellate Electronic Court Records
  • WA Appellate Court E-Filing Portal
  • RAP Changes – Transcribing and Filing of Transcripts
  • Conventional Wisdom: Digital Documents
  • Evolving Issue Related to Technology and Electronic Court Records

Brief writing and oral argument strategies 

  • Writing for justices who read their briefs on tablets
  • Perfecting your sound bites
  • Preparing for oral argument in order to have the sound bites

Advanced issues in preserving and presenting the record

  • Special problems and solutions in presenting the record
  • Court reporter issues
  • Designing and presenting the record in cross, multiple and subsequent appeals
  • Handling omissions, correcting and augmenting the record
  • Using agreed and settled statements

Raising new errors and presenting new evidence on appeal 

  • Rule 2.5 – raise constitutional error on appeal
  • Rule 9.11 – additional evidence on review

Q & A Roundtable with audience and moderator

  • Biggest challenges in an appellate practice

Advanced Settlement on Appeal

  • Settling Appeals: Why is it so Hard?
  • How to Settle at Various Phases of an Appeal
    o Pre-notice of appeal
    o After the NOA, but before the briefing
    o After the briefing, but before the argument
    o After the argument, but before the decision
    o After COA decision, but before the Supreme Court Petition
    o After the Petition, but before the grant of review
    o After the grant (and after supplemental briefing), but before the argument
    o After argument, but before the decision

Rehearing & Requests to Publish

  • Petitions for rehearing
  • Requests to publish
  • Requests to de-publish

Washington Supreme Court practice 

  • Certification of cases from the federal courts to the WA Supreme Court
  • Petitions for review
  • Merit briefs
  • Oral argument differences between the appeals court and supreme court
  • Amicus letters and briefs

 

Our Second Annual Advanced Appellate Conference topics include:

What’s New in Appellate Processes and Technology

  • WA Appellate ECMS Project – Today and the Future
  • E-Filing in WA Appellate Courts – Registration, GR 30, and the Future
  • Transcribing and Filing Transcripts – Court Reporters and Authorized Transcriptionists
  • Emergency and Priority Pleadings
  • Briefs – The Bookmarked PDF
  • Q & A

Motions for Discretionary Review and Petitions for Review

  • Examination of the different rules governing MDRs and PFRs
  • Consideration of when these procedures are warranted
  • Similarities and differences between how the two are framed and argued
  • The strategic purposes of each

Oral Argument

Specialized Issues in Brief Writing and Opinions

  • Arguing the facts
  • Acknowledging the standard of review
  • Writing for judges who read their briefs on tablets
  • Making the table of contents work for you
  • Perfecting your sound bites
  • Sweating the details

Amicus Curiae Briefs

Behind the Scenes at the Washington Supreme Court

  • Inside the Organization:
    • How are cases assigned
    • Who does what with a case
    • Sua sponte grants of review
  • Different approaches to brief writing and oral argument when addressing a court of nine as opposed to three
  • Different perspectives of an intermediate and final appellate court
  • The role of policy in arguments to a high court

Behind the Scenes at the Court of Appeal

Appellate Ethics

Dealing with Clients and Trial

  • Appellate attorney’s role at trial court
  • Challenges


Our Third Annual Advanced Appellate Conference topics include:

Court of Appeals Motion Practice: A Discussion with Commissioners

  • Motion practice in the courts of appeals, with an emphasis on motions for discretionary review
  • How to address specific arguments

Oral Argument

Brief Writing

Washington Supreme Court

  • Direct Supreme Court review and petitions for review to the Supreme Court from the Court of Appeals

Raising new issues on appeal and Issue Selection – the do’s and don’ts

  • Discerning meritorious issues from winning issues
  • Eliminating marginal issues: less is more
  • Applying standards of review in issue selection
  • Issue ordering and flow in briefs

Post-decision and mandate issues

  • The law of the case
  • Raising new issues following remand
  • Motions for reconsideration
  • Attorney fees and costs

 

Testimonials

“This was the best CLE I’ve attended in recent memory. It ticked every box I wanted.” – Sharon Blackford, Esq.

“High-level appellate practice seminars with this level of trainers is hard to find.” – Michael Lynch, Esq.

“Very useful, well-presented, excellent content. Very relevant. I used to work in appeals and now am a public defender. I love Pincus CLEs…Your CLEs are always well-organized, filled with useful and relevant content. I have attended others and really enjoyed them. Thank you.” – Anna Samuel, Esq.

“Valuable insight from the Court.” – Joseph Jackson, Esq.

“My expectations were satisfied/exceeded. I really found this seminar to be enjoyable and useful.” – Tim Higgs, Esq.

“Helpful to hear from judges and commissioners.” – Jennifer Freeman, Esq.

“Good job!” – Stephen K. Eugster, Esq.

“Excellent seminar overall. Great content.” – Christopher Kerley, Esq.

“Good program.” – Garth Jones, Esq.

“My personal objectives were well satisfied because I have done a lot of appeal work.” – Jerome C. Scowcroft, Esq.

“I screen petitioners for review for the Supreme Court and I largely agree with the points made by Phil Talmadge. Judge Gross had very thoughtful answers and useful points.” – Kelly Crabtree, Esq.

“I really appreciated Judge Stephens’ input and perspective.”

“Great! Judge Stephens was the best speaker of the day with the most practical advice.”

“Overall, very satisfied…great program…Ken Masters taught good, masterful guru stuff. Highly relevant.” – Michael E. Johnston, Esq.

“Judge Stephens’ insight was illuminating.”

“I loved this seminar and learned a lot.”

“Michael King is a great speaker.”

“I’m always amazed by the clarity and helpfulness of Judge Stephens’ comments. Michael King was a great speaker for the afternoon. I’ve never been at a training where this specific topic (raising issues on appeal and issue selection) was addressed so specifically. Very helpful. I appreciated the depths that the presenters went into on these topics.”

“Very helpful CLE. I’m very thankful for the nuts and bolts comments describing what is helpful to judges.”

“Excellent course! Extremely useful insight from Judge Stephens. Michael King is an excellent speaker.”

“Very good appellate CLE.”

“The practice pointers and insights were more than worth the day’s investment.”

“Enjoyed the writing and oral argument sessions – very practical and useful.”

“Commissioner Bearse offered great input and practical information. I enjoyed her presentations. Commissioner Schmidt is informative and knowledgeable. Talmadge presents boring rules in an interesting, informative manner.”

“Lots of useful information and top quality speakers.”

“It was a very good CLE. Thank you.”

“Great course. I’ve been to several day-long courses. This was the first where I wasn’t bored…Excellent course! The contrasting views of the ethics discussion was really great. It was an excellent way to address the topic.”

“Even having handled a number of appeals, I still learned a lot of new, excellent information.”

“Great ‘behind-the-scenes’ insight.”

“I received a lot of useful information. Judge Stephens and the Commissioners were very helpful. Solid advice from Ken Masters. Well-prepared.”

“Judge Stephens’ portion of the CLE was the most insightful.”

“Michael King did a nice job moderating. Informative presentation.”

“John Strait gave very helpful, incisive comments regarding ethical aspects of non-record citation.”

Faculty

The First Annual Advanced Appellate Conference Faculty includes:

Hon. Anne L. Ellington (Ret.)

JAMS

Judge Anne L. Ellington (Ret.) served on the Washington State Court of Appeals (Division One) from May of 1995 until November of 2012, after almost 11 years on the King County Superior Court. She tried hundreds of cases and authored hundreds of opinions. She has also served as a Pro Tem Justice on the State Supreme Court.

She has been a frequent speaker on topics including trial and appellate practice, employment, tort, and contract law. She was also instrumental in improving access to justice, both as Presiding Judge of the Superior Court and as a member of the Access to Justice. Judge Ellington has a stellar reputation for being an exceptional listener and for her fairness.


Hon. Kenneth Grosse (Ret.)
Retired Judge

Hon. C. Kenneth Grosse, now retired, served on Division I of the Washington Court of Appeals from January 1985 to April 2014. For 25 years Judge Grosse served as vice chair of the Judicial Information System Committee, overseeing the operations of the judiciary’s computer-based information system, and chair of the Data Dissemination Committee, developing and administering the judiciary’s policy ensuring public access to judicial information.


Hon. Debra L. Stephens
Justice
Washington State Supreme Court

Justice Debra L. Stephens has been a member of the Washington State Supreme Court since January 1, 2008. She previously served as a judge on Division Three of the Court of Appeals, and is the first judge from that court to serve on the Washington State Supreme Court, as well as the first woman from Eastern Washington to do so. A native of Spokane, Washington, Justice Stephens practiced law and taught as an adjunct professor at Gonzaga University School of Law prior to taking the bench. She appeared over 125 times in the Washington State Supreme Court, in addition to appearances in the Idaho Supreme Court, in the United States Court of Appeals for the Ninth Circuit, and as counsel of record in the United States Supreme Court.

Justice Stephens is a member of the Washington State Minority and Justice Commission and co-chairs its Education Committee. She is also a member of the Washington Council on Public Legal Education, and volunteers at youth and access to justice events across the state.  In addition, she chairs the Judiciary’s Annual Conference Committee, and serves on the Board for Judicial Administration’s Court Education Committee.  Nationally, she is a member of the Executive Committee of the National Courts and Sciences Institute (NCSI), and chairs NCSI’s Center for Graduate and Professional Judicial Science Education. She is also a judicial convener for “Dividing the Waters,” an organization supporting judicial education on water law issues, as well as a member of the National Association of Women Judges and its Judicial Independence Committee, and has participated in training for judges in Ukraine on issues of judicial independence and the rule of law. Justice Stephens received the “Myra Bradwell Award” from the Gonzaga Women’s Law Caucus in 2007-08, the “Leadership & Justice Award” from MAMAS (Mother Attorneys Mentoring Association of Seattle) in 2009, the 2011 “Distinguished Judicial Service Award” from Gonzaga University School of Law, and the 2014 “President’s Award” from Washington Women Lawyers.

Justice Stephens is married and has two children.  She enjoys skiing, golfing, tennis, and spending time with family.


Leonard Feldman, Esq.
Partner
Peterson Wampold Rosato Luna Knopp

Leonard grew up in the Seattle area and graduated from Mercer Island High School. He attended the University of Washington, where he graduated summa cum laude in Psychology. After college, he attended Harvard Law School, where he was twice awarded the Sears Prize (given to the top two students on the basis of grades) and graduated magna cum laude in 1991. He then worked as a judicial law clerk for Ninth Circuit Judge Jerome Farris.

Since completing his Ninth Circuit clerkship, Leonard has specialized in appellate practice before the Ninth Circuit and the Washington appellate courts. In addition to briefing and arguing countless appeals, Leonard is a member of and was previously Chair of the King County Bar Association’s Appellate Section, is a member of the Washington Appellate Lawyers Association, and is currently a District Coordinator for the Ninth Circuit Pro Bono Program and a member of the Ninth Circuit’s mentor program. He is also a frequent writer and speaker on topics relating to appellate practice. Among other articles, he has co-authored three articles with Washington Court of Appeals Judge Stephen Dwyer regarding appellate brief writing, oral argument, and discretionary review.

Leonard has received many accolades for his work, including being listed in Best Lawyers in America (Appellate Practice); selected as “Local Litigation Star,” Benchmark Litigation (Commercial Litigation); and selected as one of Washington’s Top 10 Appellate Law Lawyers by Washington Law and Politics. Leonard has also received two Certificates of Appreciation from the Ninth Circuit, one for his work as a Pro Bono Coordinator and the other for teaching an appellate practice course at the University of Washington School of Law that provided students with an opportunity to brief and argue a pro bono appeal in the Ninth Circuit. In 2006, he received the Washington Bar Association’s Pro Bono Award for his work in appeals that raise important civil rights issues.

Leonard is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Fifth, Eighth, Ninth, and Tenth Circuits, and Washington appellate courts.  He was counsel of record and argued in the United States Supreme Court in City and County of San Francisco v. Sheehan, Case No. 13-1412 (2015).  His briefing and argument in that case can be found here.

Leonard is also a devoted husband and father of two children—Ben and Tyler. In his free time, he runs, bikes, and swims and follows the local jazz scene where his sons can be heard playing upright bass (Ben) and guitar (Tyler).


Richard D. Johnson
Court Administrator / Clerk
Court of Appeals: Division 1

Richard D. Johnson is the Court Administrator/Clerk of Division I, Court of Appeals. Prior to joining the Washington State Court of Appeals in 1998, Mr. Johnson was the Deputy Court Administrator of Branch Operations and Information Systems for the Los Angeles Municipal Court. Mr. Johnson has a Masters Degree in Public Administration and Certification in Judicial Administration from the University of Southern California. He is also a Fellow of the Institute for Court Management.


Michael B. King, Esq.
Principal
Carney Badley Spellman, P.S.

Michael B. King, a principal, came to the firm in 2008 with Greg Miller to join Jim Lobsenz and Jason Anderson in forming the firm’s uniquely experienced appellate group. Mr. King has focused exclusively on appellate litigation for over twenty years, and his practice is national in scope. He has represented clients before the Alaska, California, Illinois, Mississippi, Tennessee and Washington Supreme Courts, the Second, Ninth and Eleventh Circuits, and the United States Supreme Court, as well as all divisions of the Washington Court of Appeals and has presented over 140 arguments to full merits panels. He is a former partner in the firm of Lane Powell, where for ten years he co-chaired the firm’s appellate practice group. 

Honors and Recognitions

Mr. King is a fellow of the American Academy of Appellate Lawyers. He has been named by Washington Super Lawyers magazine as one of the top attorneys in the state in the area of appellate law for every year since 2001. He has been selected by Best Lawyers in America as one of the best appellate lawyers in Washington State every year since the inaugural listing in 2007. He has held an "AV" Preeminent rating by Martindale-Hubbell since 1998. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.


James E. Lobsenz, Esq.
Principal
Carney Badley Spellman, P.S.

James E. Lobsenz, a principal, joined the firm in 1989 through the merger of his firm, Wolfe & Lobsenz, P.S., with the Carney firm.

Mr. Lobsenz has an extensive appellate practice in both the state and federal appellate courts. His substantive areas of experience are criminal defense law, civil rights, employment law and evidence.

After clerking for the Honorable Mathew O. Tobriner, Associate Justice of the California Supreme Court, and the Honorable Vincent L. McKusick, Chief Justice of the Supreme Judicial Court of Maine, Mr. Lobsenz came to Seattle and served as a deputy prosecuting attorney in King County for three years. Later he served as a public defender with the Washington Appellate Defender Association before going into private practice in his own firm of Wolfe & Lobsenz.

Mr. Lobsenz is the author of several law review articles, is a recipient of the 1985 United Nations Human Rights Day Award, and is a winner of the ACLU Civil Libertarian Award. He is also an Adjunct Professor of Law at Seattle University, where he teaches courses on the First Amendment and civil rights litigation.

Mr. Lobsenz is the author of the website Seattle Criminal Appeals, where he publishes information on the criminal appeals process and representative cases.

He has been named by Washington Super Lawyers magazine as one of the top attorneys in the state since 2003, and a Top Lawyer by Seattle Magazine for multiple years.

Mr. Lobsenz was recognized by Seattle Metropolitan Magazine as one of King County’s "Top Lawyers 2010." Seattle Metropolitan Magazine culled their list using the Martindale-Hubbell® ratings. He has been awarded an "AV" Preeminent rating by Martindale-Hubbell. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.

Mr. Lobsenz earned his J.D. from UC Berkeley School of Law.


Kenneth W. Masters, Esq.
Founder
Masters Law Group PLLC

Ken Masters celebrates 25 years of litigating civil appeals in 2017. Ken currently is a Trustee of the Washington State Bar Foundation, and recently substantially revised the Brief Writing chapter in the Appellate Practice Deskbook (WSBA 2017). He previously served as Treasurer and Governor for the Washington State Bar, and has chaired and served on numerous committees for various bar associations, as well as dozens of CLEs on appellate practice, writing, and other areas. Ken is honored to have been listed as a "Top 10" Super Lawyer® Honoree in 2017, and to have received a "Lifetime Achievement Award" from America’s Top 100 Attorneys®. He is a Fellow both of the American Bar Foundation and of the American Academy of Appellate Lawyers.


Philip Talmadge, Esq.
Founder
Talmadge/Fitzpatrick

Phil Talmadge is a former Washington Supreme Court Justice. 

He is a member of the American Academy of Appellate Lawyers and the Washington State Appellate Lawyers Association.  Phil has been named Super Lawyer in Washington Law & Politics and was a Washington State Senator. 

He practices exclusively in the areas of Appellate Law and Attorney Ethics.  Phil received his B.A. from Yale University and his J.D. from the University of Washington and has been an attorney since 1976.


Sidney C. Tribe, Esq.

Carney Badley Spellman, P.S.

Sidney grew up in Spokane and Seattle, and graduated magna cum laude from Willamette University in 1994 with a B.A. in English Literature. At Willamette she was a G. Herbert Smith Scholar and two-time recipient of the Dona Adams Rothwell Award. She received her J.D. from the University of Washington in 2002, where she was Executive Articles Editor of the Washington Law Review and President of the Moot Court Honor Board. She is also a member of the Order of the Barristers.

Sidney was fortunate to serve as a law clerk for the Honorable William Baker at the Washington State Court of Appeals Division I from 2005 to 2007. Before joining Carney Badley Spellman, she was a partner at Talmadge/Fitzpatrick focusing primarily on appellate practice. Some notable published opinions include Frisino v. Seattle School Dist. No. 1, — Wn. App. —-, 2011 WL 989416 (2011), Hernandez v. Tanninen, 604 F.3d 1095 (9th Cir. 2010), South Tacoma Way, LLC v. State, 169 Wn.2d 118, 233 P.3d 871 (2010), Little Mountain Estates Tenants Ass’n v. Little Mountain Estates MHC LLC, 169 Wn.2d 265, 236 P.3d 193 (2010), Shafer v. Dep’t of Labor & Indus., 166 Wn.2d 710, 213 P.3d 591 (2009), and Seymour v. Wash. State Dept. of Health, 152 Wn. App. 156, 216 P.3d 1039 (2009).

Sidney is a member of the Washington State Bar Association, the King County Bar Association, the Washington Employment Lawyers Association, and Washington Women Lawyers.  She has done pro bono work for the Unemployment Law Project, the King County Bar Association Newcomer’s Project, and the Ninth Circuit Court of Appeals Pro Bono Program.  She has also been a Director at Facing the Future, a nonprofit that helps teachers integrate global issues into their core curriculum.  Sidney’s incredible husband Mick is a geographer/GIS business analyst, and they have two adorable dogs, Tazzy and Jake.


The Second Annual Advanced Appellate Conference Faculty includes:

Hon. Anne L. Ellington (Ret.)

JAMS

Judge Anne L. Ellington (Ret.) served on the Washington State Court of Appeals (Division One) from May of 1995 until November of 2012, after almost 11 years on the King County Superior Court. She tried hundreds of cases and authored hundreds of opinions. She has also served as a Pro Tem Justice on the State Supreme Court.

She has been a frequent speaker on topics including trial and appellate practice, employment, tort, and contract law. She was also instrumental in improving access to justice, both as Presiding Judge of the Superior Court and as a member of the Access to Justice. Judge Ellington has a stellar reputation for being an exceptional listener and for her fairness.



Commissioner Mary Neel
Commissioner
Washington Court of Appeals, Division 1

Mary is a Commissioner at the Washington State Court of Appeals, Division 1 in Seattle, WA. Prior to her appointment in 2002, she served as a staff attorney at the court for 17 years and a law clerk for two years for the Late Honorable T. Patrick Corbett. While a law student, she was a law clerk in the Seattle Office of the United States Attorney and a Rule 9 intern at the juvenile division of the Seattle Public Defender. Her law career was preceded by 5 years as a public school teacher. J.D., 1983, Seattle University School of Law; M.Ed., 1973, University of Washington; B.A., 1972, Lewis and Clark College.

Mary lives in Seattle with her husband. She enjoys cooking, gardening, singing, sports, and spending time with friends and her large family.


Commissioner Eric B. Schmidt
Commissioner
Washington Court of Appeals, Division II

Commissioner Eric B. Schmidt was appointed as a court commissioner for Division II of the Court of Appeals, effective January 1, 2002. Prior to his appointment, Commissioner Schmidt was the Senior Health Law Judge for the Washington State Department of Health from 1996 to 2001. He has also served as a judicial law clerk for Judges John A. Petrich, Ward Williams, and Marshall Forrest of the Washington State Court of Appeals, as the director of the Appellate Backlog Elimination (ABLE) Project for Division II of the Court of Appeals, as a staff attorney for Division II of the Court of Appeals, as a staff attorney for the Department of Health, and as a health law judge for the Department of Health.

Commissioner Schmidt graduated cum laude from Seattle University School of Law (formerly University of Puget Sound School of Law) in 1985. He was a member of and a research and technical editor for the University of Puget Sound Law Review. He holds a bachelor’s degree in kinesiology, a master’s degree in philosophy and Ph.D. in philosophy and bioethics from the University of Washington. He’s also an adjunct professor of law at Seattle University School of Law and at the University of Washington School of Law.

Commissioner Schmidt serves as Chair of the Mandatory Continuing Judicial Education Committee and as a member of the Board for Judicial Education, the Appellate Judicial Education Committee and the Annual Judicial Conference Planning Committee. He also serves as a judge pro tempore in the Pierce County Superior Court.


Hon. Debra L. Stephens
Justice
Washington State Supreme Court

Justice Debra L. Stephens has been a member of the Washington State Supreme Court since January 1, 2008. She previously served as a judge on Division Three of the Court of Appeals, and is the first judge from that court to serve on the Washington State Supreme Court, as well as the first woman from Eastern Washington to do so. A native of Spokane, Washington, Justice Stephens practiced law and taught as an adjunct professor at Gonzaga University School of Law prior to taking the bench. She appeared over 125 times in the Washington State Supreme Court, in addition to appearances in the Idaho Supreme Court, in the United States Court of Appeals for the Ninth Circuit, and as counsel of record in the United States Supreme Court.

Justice Stephens is a member of the Washington State Minority and Justice Commission and co-chairs its Education Committee. She is also a member of the Washington Council on Public Legal Education, and volunteers at youth and access to justice events across the state.  In addition, she chairs the Judiciary’s Annual Conference Committee, and serves on the Board for Judicial Administration’s Court Education Committee.  Nationally, she is a member of the Executive Committee of the National Courts and Sciences Institute (NCSI), and chairs NCSI’s Center for Graduate and Professional Judicial Science Education. She is also a judicial convener for “Dividing the Waters,” an organization supporting judicial education on water law issues, as well as a member of the National Association of Women Judges and its Judicial Independence Committee, and has participated in training for judges in Ukraine on issues of judicial independence and the rule of law. Justice Stephens received the “Myra Bradwell Award” from the Gonzaga Women’s Law Caucus in 2007-08, the “Leadership & Justice Award” from MAMAS (Mother Attorneys Mentoring Association of Seattle) in 2009, the 2011 “Distinguished Judicial Service Award” from Gonzaga University School of Law, and the 2014 “President’s Award” from Washington Women Lawyers.

Justice Stephens is married and has two children.  She enjoys skiing, golfing, tennis, and spending time with family.


Richard D. Johnson
Court Administrator / Clerk
Court of Appeals: Division 1

Richard D. Johnson is the Court Administrator/Clerk of Division I, Court of Appeals. Prior to joining the Washington State Court of Appeals in 1998, Mr. Johnson was the Deputy Court Administrator of Branch Operations and Information Systems for the Los Angeles Municipal Court. Mr. Johnson has a Masters Degree in Public Administration and Certification in Judicial Administration from the University of Southern California. He is also a Fellow of the Institute for Court Management.


Michael B. King, Esq.
Principal
Carney Badley Spellman, P.S.

Michael B. King, a principal, came to the firm in 2008 with Greg Miller to join Jim Lobsenz and Jason Anderson in forming the firm’s uniquely experienced appellate group. Mr. King has focused exclusively on appellate litigation for over twenty years, and his practice is national in scope. He has represented clients before the Alaska, California, Illinois, Mississippi, Tennessee and Washington Supreme Courts, the Second, Ninth and Eleventh Circuits, and the United States Supreme Court, as well as all divisions of the Washington Court of Appeals and has presented over 140 arguments to full merits panels. He is a former partner in the firm of Lane Powell, where for ten years he co-chaired the firm’s appellate practice group. 

Honors and Recognitions

Mr. King is a fellow of the American Academy of Appellate Lawyers. He has been named by Washington Super Lawyers magazine as one of the top attorneys in the state in the area of appellate law for every year since 2001. He has been selected by Best Lawyers in America as one of the best appellate lawyers in Washington State every year since the inaugural listing in 2007. He has held an "AV" Preeminent rating by Martindale-Hubbell since 1998. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.


Shelby Frost Lemmel, Esq.

Masters Law Group, PLLC.

Shelby Frost Lemmel has litigated civil appeals for about 15 years. She is a popular presenter for CLE providers, including Pincus, WSBA, KCBA, WA State Courts, and the American Academy of Matrimonial Lawyers.  Shelby and her husband, also an attorney, are enjoying raising their two young children, and serving as volunteers at their schools and extracurricular activities.  Shelby is a member of the WA Appellate Lawyers Association, and recently has been nominated to serve as its President.


James E. Lobsenz, Esq.
Principal
Carney Badley Spellman, P.S.

James E. Lobsenz, a principal, joined the firm in 1989 through the merger of his firm, Wolfe & Lobsenz, P.S., with the Carney firm.

Mr. Lobsenz has an extensive appellate practice in both the state and federal appellate courts. His substantive areas of experience are criminal defense law, civil rights, employment law and evidence.

After clerking for the Honorable Mathew O. Tobriner, Associate Justice of the California Supreme Court, and the Honorable Vincent L. McKusick, Chief Justice of the Supreme Judicial Court of Maine, Mr. Lobsenz came to Seattle and served as a deputy prosecuting attorney in King County for three years. Later he served as a public defender with the Washington Appellate Defender Association before going into private practice in his own firm of Wolfe & Lobsenz.

Mr. Lobsenz is the author of several law review articles, is a recipient of the 1985 United Nations Human Rights Day Award, and is a winner of the ACLU Civil Libertarian Award. He is also an Adjunct Professor of Law at Seattle University, where he teaches courses on the First Amendment and civil rights litigation.

Mr. Lobsenz is the author of the website Seattle Criminal Appeals, where he publishes information on the criminal appeals process and representative cases.

He has been named by Washington Super Lawyers magazine as one of the top attorneys in the state since 2003, and a Top Lawyer by Seattle Magazine for multiple years.

Mr. Lobsenz was recognized by Seattle Metropolitan Magazine as one of King County’s "Top Lawyers 2010." Seattle Metropolitan Magazine culled their list using the Martindale-Hubbell® ratings. He has been awarded an "AV" Preeminent rating by Martindale-Hubbell. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.

Mr. Lobsenz earned his J.D. from UC Berkeley School of Law.


Kenneth W. Masters, Esq.
Founder
Masters Law Group PLLC

Ken Masters celebrates 25 years of litigating civil appeals in 2017. Ken currently is a Trustee of the Washington State Bar Foundation, and recently substantially revised the Brief Writing chapter in the Appellate Practice Deskbook (WSBA 2017). He previously served as Treasurer and Governor for the Washington State Bar, and has chaired and served on numerous committees for various bar associations, as well as dozens of CLEs on appellate practice, writing, and other areas. Ken is honored to have been listed as a "Top 10" Super Lawyer® Honoree in 2017, and to have received a "Lifetime Achievement Award" from America’s Top 100 Attorneys®. He is a Fellow both of the American Bar Foundation and of the American Academy of Appellate Lawyers.


Catherine Wright Smith, Esq.
Shareholder
Smith Goodfriend, PS

Catherine W. Smith is a principal of Smith Goodfriend, P.S., where her practice is limited to civil appeals and appeal-related matters.  Catherine is a founding member and was the first President of the Washington Appellate Lawyers Association, a former President of the American Academy of Appellate Lawyers, co-editor-in-chief of the Washington Appellate Practice Deskbook, and an elected Fellow of the American Law Institute. Catherine received her BS from Oklahoma State University and her law degree from the University of Washington School of Law.  She has handled over 400 appeals in Washington state and federal courts.  Dahlia Lithwick, reporting in Slate magazine on argument in the U.S. Supreme Court of Troxel v. Granville, declared, "She is one of the finest oral advocates I have ever seen." 


John Strait
Emeritus Professor of Law
Seattle University School of Law

John A. Strait, Emeritus Professor of Law and Professional Ethics Counsel, is a graduate of Yale Law School. Professor Strait has served on the Washington Supreme Court’s Judicial Ethics Advisory Committee, the King County Bar Association Campaign Ethics Committee, the WSBA Rules of Professional Conduct Committee, and the board of the Washington Chapter of the American Judicature Society. He serves on the board of the WSBA Criminal Law Section, and has served as a governor’s appointee to the Statute Law Commission. He serves as Adjunct Investigative Counsel to the Washington State Bar Association Office of Legal Discipline. The clinical component of his course in professional responsibility investigated complaints against lawyers for probable cause for the Washington State Bar Association from 1991-2005. The law school received the E. Smythe Gambrell Professionalism Award from the American Bar Association for the clinical component. Professor Strait served as a member and Chair of the Seattle Port Authority Ethics Advisory Commission from its inception until 2009. Professor Strait joined the faculty in 1974. He is the 2017 WACDL William O. Douglas Award recipient for Extraordinary Courage and Dedication to the Practice of Criminal Law. He is a frequent CLE presenter on legal ethics.


Philip Talmadge, Esq.
Founder
Talmadge/Fitzpatrick

Phil Talmadge is a former Washington Supreme Court Justice. 

He is a member of the American Academy of Appellate Lawyers and the Washington State Appellate Lawyers Association.  Phil has been named Super Lawyer in Washington Law & Politics and was a Washington State Senator. 

He practices exclusively in the areas of Appellate Law and Attorney Ethics.  Phil received his B.A. from Yale University and his J.D. from the University of Washington and has been an attorney since 1976.


The Third Annual Advanced Appellate Conference Faculty includes:

Commissioner Aurora R. Bearse
Commissioner
Washington Court of Appeals, Division II

Commissioner Aurora R. Bearse was appointed as a Court Commissioner for Division Two of the Court of Appeals, effective May 1, 2012. Prior to her appointment, Commissioner Bearse served as an administrative law judge for the Washington State Office of Administrative Hearings. She has also served as a staff attorney for Division Two of the Court of Appeals, as an assistant appellate federal public defender in the Fifth Circuit, as an associate attorney at Weil, Gotshal & Manges (New York and Houston offices), and as a judicial law clerk for Judge Robert R. Beezer (9th Circuit) and Judge William H. Walls (DNJ).

Commissioner Bearse graduated with honors from Rutgers-Newark School of Law. She was the senior articles editor of the Rutgers Law Review. She holds a bachelor’s degree in Religion & History from Rutgers University. She currently is a volunteer judicial member of the WSBA’s Access to Justice Board Rules Committee. Before joining Division Two, she served as president and executive board member of the Seattle Children’s Autism Guild, an all-volunteer organization that raises funds for the Autism Center at Seattle Children’s Hospital. She continues to volunteer with various autism-related organizations to support people with autism and their families. She is married to attorney Ian Crosby, a partner in the Seattle office of Susman Godfrey. The couple has two daughters.


Commissioner Mary Neel
Commissioner
Washington Court of Appeals, Division 1

Mary is a Commissioner at the Washington State Court of Appeals, Division 1 in Seattle, WA. Prior to her appointment in 2002, she served as a staff attorney at the court for 17 years and a law clerk for two years for the Late Honorable T. Patrick Corbett. While a law student, she was a law clerk in the Seattle Office of the United States Attorney and a Rule 9 intern at the juvenile division of the Seattle Public Defender. Her law career was preceded by 5 years as a public school teacher. J.D., 1983, Seattle University School of Law; M.Ed., 1973, University of Washington; B.A., 1972, Lewis and Clark College.

Mary lives in Seattle with her husband. She enjoys cooking, gardening, singing, sports, and spending time with friends and her large family.


Commissioner Eric B. Schmidt
Commissioner
Washington Court of Appeals, Division II

Commissioner Eric B. Schmidt was appointed as a court commissioner for Division II of the Court of Appeals, effective January 1, 2002. Prior to his appointment, Commissioner Schmidt was the Senior Health Law Judge for the Washington State Department of Health from 1996 to 2001. He has also served as a judicial law clerk for Judges John A. Petrich, Ward Williams, and Marshall Forrest of the Washington State Court of Appeals, as the director of the Appellate Backlog Elimination (ABLE) Project for Division II of the Court of Appeals, as a staff attorney for Division II of the Court of Appeals, as a staff attorney for the Department of Health, and as a health law judge for the Department of Health.

Commissioner Schmidt graduated cum laude from Seattle University School of Law (formerly University of Puget Sound School of Law) in 1985. He was a member of and a research and technical editor for the University of Puget Sound Law Review. He holds a bachelor’s degree in kinesiology, a master’s degree in philosophy and Ph.D. in philosophy and bioethics from the University of Washington. He’s also an adjunct professor of law at Seattle University School of Law and at the University of Washington School of Law.

Commissioner Schmidt serves as Chair of the Mandatory Continuing Judicial Education Committee and as a member of the Board for Judicial Education, the Appellate Judicial Education Committee and the Annual Judicial Conference Planning Committee. He also serves as a judge pro tempore in the Pierce County Superior Court.


Hon. Debra L. Stephens
Justice
Washington State Supreme Court

Justice Debra L. Stephens has been a member of the Washington State Supreme Court since January 1, 2008. She previously served as a judge on Division Three of the Court of Appeals, and is the first judge from that court to serve on the Washington State Supreme Court, as well as the first woman from Eastern Washington to do so. A native of Spokane, Washington, Justice Stephens practiced law and taught as an adjunct professor at Gonzaga University School of Law prior to taking the bench. She appeared over 125 times in the Washington State Supreme Court, in addition to appearances in the Idaho Supreme Court, in the United States Court of Appeals for the Ninth Circuit, and as counsel of record in the United States Supreme Court.

Justice Stephens is a member of the Washington State Minority and Justice Commission and co-chairs its Education Committee. She is also a member of the Washington Council on Public Legal Education, and volunteers at youth and access to justice events across the state.  In addition, she chairs the Judiciary’s Annual Conference Committee, and serves on the Board for Judicial Administration’s Court Education Committee.  Nationally, she is a member of the Executive Committee of the National Courts and Sciences Institute (NCSI), and chairs NCSI’s Center for Graduate and Professional Judicial Science Education. She is also a judicial convener for “Dividing the Waters,” an organization supporting judicial education on water law issues, as well as a member of the National Association of Women Judges and its Judicial Independence Committee, and has participated in training for judges in Ukraine on issues of judicial independence and the rule of law. Justice Stephens received the “Myra Bradwell Award” from the Gonzaga Women’s Law Caucus in 2007-08, the “Leadership & Justice Award” from MAMAS (Mother Attorneys Mentoring Association of Seattle) in 2009, the 2011 “Distinguished Judicial Service Award” from Gonzaga University School of Law, and the 2014 “President’s Award” from Washington Women Lawyers.

Justice Stephens is married and has two children.  She enjoys skiing, golfing, tennis, and spending time with family.


Howard M. Goodfriend, Esq.
Shareholder
Smith Goodfriend, P.S.

Howard M. Goodfriend is a principal in the Seattle firm of Smith Goodfriend, P.S., Seattle’s oldest appellate boutique.  Howard has argued hundreds of civil appeals in almost every substantive area of the law, representing individuals, publicly traded companies, small businesses, professionals, hospitals, state and local governments. He is co-editor-in-chief of the Washington State Bar Association’s Appellate Practice Deskbook and author of the Appellate Practice chapter of the King County Bar Association Young Lawyer Division’s Washington Lawyers Practice Manual.  Howard is a Fellow and a director of the American Academy of Appellate Lawyers, is a founding member and past president of the Washington Appellate Lawyers Association, and has been repeatedly recognized by his peers as one of Washington’s top ten appellate lawyers and top 100 lawyers.  


Michael B. King, Esq.
Principal
Carney Badley Spellman, P.S.

Michael B. King, a principal, came to the firm in 2008 with Greg Miller to join Jim Lobsenz and Jason Anderson in forming the firm’s uniquely experienced appellate group. Mr. King has focused exclusively on appellate litigation for over twenty years, and his practice is national in scope. He has represented clients before the Alaska, California, Illinois, Mississippi, Tennessee and Washington Supreme Courts, the Second, Ninth and Eleventh Circuits, and the United States Supreme Court, as well as all divisions of the Washington Court of Appeals and has presented over 140 arguments to full merits panels. He is a former partner in the firm of Lane Powell, where for ten years he co-chaired the firm’s appellate practice group. 

Honors and Recognitions

Mr. King is a fellow of the American Academy of Appellate Lawyers. He has been named by Washington Super Lawyers magazine as one of the top attorneys in the state in the area of appellate law for every year since 2001. He has been selected by Best Lawyers in America as one of the best appellate lawyers in Washington State every year since the inaugural listing in 2007. He has held an "AV" Preeminent rating by Martindale-Hubbell since 1998. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.


Kenneth W. Masters, Esq.
Founder
Masters Law Group PLLC

Ken Masters celebrates 25 years of litigating civil appeals in 2017. Ken currently is a Trustee of the Washington State Bar Foundation, and recently substantially revised the Brief Writing chapter in the Appellate Practice Deskbook (WSBA 2017). He previously served as Treasurer and Governor for the Washington State Bar, and has chaired and served on numerous committees for various bar associations, as well as dozens of CLEs on appellate practice, writing, and other areas. Ken is honored to have been listed as a "Top 10" Super Lawyer® Honoree in 2017, and to have received a "Lifetime Achievement Award" from America’s Top 100 Attorneys®. He is a Fellow both of the American Bar Foundation and of the American Academy of Appellate Lawyers.


Philip Talmadge, Esq.
Founder
Talmadge/Fitzpatrick

Phil Talmadge is a former Washington Supreme Court Justice. 

He is a member of the American Academy of Appellate Lawyers and the Washington State Appellate Lawyers Association.  Phil has been named Super Lawyer in Washington Law & Politics and was a Washington State Senator. 

He practices exclusively in the areas of Appellate Law and Attorney Ethics.  Phil received his B.A. from Yale University and his J.D. from the University of Washington and has been an attorney since 1976.


Sidney C. Tribe, Esq.

Carney Badley Spellman, P.S.

Sidney grew up in Spokane and Seattle, and graduated magna cum laude from Willamette University in 1994 with a B.A. in English Literature. At Willamette she was a G. Herbert Smith Scholar and two-time recipient of the Dona Adams Rothwell Award. She received her J.D. from the University of Washington in 2002, where she was Executive Articles Editor of the Washington Law Review and President of the Moot Court Honor Board. She is also a member of the Order of the Barristers.

Sidney was fortunate to serve as a law clerk for the Honorable William Baker at the Washington State Court of Appeals Division I from 2005 to 2007. Before joining Carney Badley Spellman, she was a partner at Talmadge/Fitzpatrick focusing primarily on appellate practice. Some notable published opinions include Frisino v. Seattle School Dist. No. 1, — Wn. App. —-, 2011 WL 989416 (2011), Hernandez v. Tanninen, 604 F.3d 1095 (9th Cir. 2010), South Tacoma Way, LLC v. State, 169 Wn.2d 118, 233 P.3d 871 (2010), Little Mountain Estates Tenants Ass’n v. Little Mountain Estates MHC LLC, 169 Wn.2d 265, 236 P.3d 193 (2010), Shafer v. Dep’t of Labor & Indus., 166 Wn.2d 710, 213 P.3d 591 (2009), and Seymour v. Wash. State Dept. of Health, 152 Wn. App. 156, 216 P.3d 1039 (2009).

Sidney is a member of the Washington State Bar Association, the King County Bar Association, the Washington Employment Lawyers Association, and Washington Women Lawyers.  She has done pro bono work for the Unemployment Law Project, the King County Bar Association Newcomer’s Project, and the Ninth Circuit Court of Appeals Pro Bono Program.  She has also been a Director at Facing the Future, a nonprofit that helps teachers integrate global issues into their core curriculum.  Sidney’s incredible husband Mick is a geographer/GIS business analyst, and they have two adorable dogs, Tazzy and Jake.


 

Fees

Purchase this Bundle now to save $425! 

Download or CD format.

Audio Recording & Materials Packages Download Format:   $850

Audio Recording & Materials Packages CD Format:   $850, plus $7.50 shipping and, in CA, sales tax.

If you ordered each conference separately, you would pay $1275. Save $425 and order the bundle today.

 

CLE Credit

WA: The First Annual Advanced Appellate Conference Recording in this Package is approved for 5.5 CLE units and 1.0 unit of ethics credit in Washington, through June 2, 2021.

WA: The Second Annual Advanced Appellate Conference Recording in this Package is approved for 5.5 CLE units and 1.0 unit of ethics credit in Washington, through June 2022.

WA: The Third Annual Advanced Appellate Conference Recording in this Package is approved for 6.5 CLE units in Washington through June 2023.

CA: The First and Second Annual Advanced Appellate Conference Recordings are each approved for 6.5 general CLE units and Certified Legal Specialist in Appellate Law CLE in California, including 1.0 units of ethics.

CA: The Third Annual Advanced Appellate Conference Recording in this Package is approved for 6.5 CLE general CLE units and Certified Legal Specialist in Appellate Law CLE in California.

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.

Terms and Policies

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.  Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.

Downloads/CDs/DVDs – Refund policy:

Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

$1,275.00 $850.00 each

Recorded in 2016, 2017 and 2018.

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