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* 1st – 3rd Advanced Appellate Conference Bundle (CA) *
Audio program! (check our CLE Programs page for live versions)
Our 1st, 2nd, 3rd and 4th Annual Advanced Appellate Conferences were held in 2016-2019 and received rave reviews. The faculty at these programs included appellate justices, supervising staff attorneys at multiple appellate courts, Certified Legal Specialists in Appellate Law and many other top practitioners who have spoken at our programs before (with excellent reviews!). Click on the “What you will Learn” link above to see details about each seminar.
These audio courses delve into the advanced topics that are rarely touched on in full-day CLE courses. Get all four programs together for one great price! Save $710 by ordering the bundle now! And for those who need it, the bundle is approved for 27 units of Certified Legal Specialist credit (as well as general and one unit ethics).
These are intermediate-to-advanced level appellate courses that assume an already existing understanding of appellate practice.
(Please click on the program links below to learn the details about each individual seminar)
If you, or someone in your office, would like a more introductory course in appeals and writs, you should check out our fantastic beginner-level program, held every few years in LA and SF: Demystifying civil appeals and writs – audio package.
Our 2017 Administrative Writs of Mandamus audio package is also available now.
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.
What You Will Learn
1st Annual Advanced Appellate Conference 2016 Topics:
What’s new in appellate law and technology
- New rules
- Tech issues in protecting and presenting the appellate record
- Tech tools
- E-filing overview
- How the court uses technology
- Linking to cites / cross linking to the record
- Using tablets in the appellate courtroom
Brief writing and oral argument strategies
- Writing for justices who read their briefs on tablets
- Addressing focus letters and tentative opinions
- Strategies for oral argument when dealing with tentative opinions
Advanced issues in protecting and presenting the record
- Special problems and solutions in presenting the record
- Court reporter issues
- Designating and presenting the record in cross, multiple and subsequent appeals
- Handling omissions, correcting and augmenting the record
- Using agreed and settled statements
- Special procedures for:
- administrative records
- unfair competition
- false advertising
Q/A Roundtable with audience and moderator
- Family law
- Attorney fees
- Appeals to the appellate division of the superior court
- Interlocutory appeals and extraordinary writs
Rehearing and Requests to Publish
- Petitions for Rehearing
- Requests to Publish
- Requests to de-publish
California Supreme Court practice
- Certification of cases from the federal courts to the CA Supreme Court
- Petitions for review
- Amicus letters and briefs
- Merit briefs
- Oral argument differences between the appeals court and supreme court
- Options after the CA Supreme Court opinion
2nd Annual Appellate Conference 2017 Topics:
What Not to Do with Technology
- Formatting (readable or not)
- Lost documents and backups
- Metadata scrubbing
- Collaborative editing and multiple versions
- How Writ Attorneys approach writ petitions
- Proper and improper uses for writs
- How to get a competitive advantage
§ Providing a user-friendly record
§ Telling a story
- Stays pending writ rulings
Specialized Issues in Brief Writing and Opinions
- Privacy and sealed records
- Privacy of parties and other individuals brought into the process
- Rules governing e-records adopted recently
- Protection in other court documents
- New rules on privacy protections in opinions
- Retaining your privacy options (not waiving)
- Sealing issues
§ How much is too much
§ Anticipating at the trial level
Behind the Scenes at the Court of Appeal
Briefing Issues in the Court of Appeal When They are Already Pending before the California Supreme Court
- How to discuss prior decisions by the Court of Appeal called into question by the case on review
- How recent changes to citation rules affect your discussion
- How to distinguish your case but preserve grounds for a grant and hold
- What to do if review is granted after you finish briefing
- Other considerations
Behind the Scenes at the California Supreme Court
- How are cases assigned?
- Who does what with a case?
- Sua sponte grants of review under Rule 8.512(c)
Settling Cases on Appeal
- 9th Circuit Mediation Program
- CA Courts of Appeal Mediation Programs
- Settlement effect on judgment
- Magic Language for a stipulated reversal
Dealing with Clients and Trial Counsel
- Representing public entities on appeal
- Working with risk managers and claims professionals
- Appellate attorney’s role at trial court
Amicus Curiae Briefs
U.S. Supreme Court Cert Practice
- How the cert pool works
- Technique for cert petitions and briefs in opposition
3rd Annual Appellate Conference 2018 Topics:
Introduction to course
Statements of Decision: The Ideal and the Reality
- Statements of Decision: The Ideal and the Reality
- Why you need a statement of decision
- Getting trial lawyers and trial judges to do it right
- Objections to proposed statements of decision
- Handling appeals with defective or missing statements of decision
- Effect of F.P. v. Monier
Update on E-filing
The Appellate/Public Interface
- Judges using social media
- Litigating appellate cases in the press
The Effect of Appellate Decisions on Subsequent Litigation
- Remand and remittitur issues
- Using and avoiding the law of the case
- Update on issue and claim preclusion
- How electronic research has affected stare decisis
Appellate Strategy for Repeat Commercial and Institutional Litigants
- Addressing the client’s big picture
- Briefs as announcements
- Keeping friends close and amici closer
Stays, Bonding, and Supersedeas
- Stays without bonds
- What is “embraced in the judgment or affected thereby?
- Money judgments
- When appellant wrongly insists there is an automatic stay
- Sections 917.75,Â 923,Â 917.6 and other discussions
- Setting bonds in other situations
- Bonds from insurance companies
- Alternatives to corporate undertakings
- Petitioning for supersedeas
- Enforcing undertakings
4th Annual Appellate Conference 2019 Topics:
Differences between state and federal appeals
- Initiating appeals, including 1292(b) certification
- Procuring and presenting the record
- Briefing, including posturing issues for certiorari
- Standards of review
- Approaches to oral argument
- Post-decision strategy including petitions for rehearing and rehearing en banc
- Certifying federal cases to the California Supreme Court
State court appeals before final judgment
- What is a final, appealable judgment?
- The collateral order doctrine
- Statutes providing for interlocutory appeals (as opposed to writs)
- Filing writ petition simultaneously with notice of appeal and petition for supersedeas
Settlement on appeal
- Determining when to settle and when to press forward to the bitter end
- Strategies re the timing of settlement overtures
- Mediation options (private vs. court-supplied)
- Structured settlement options
- Stipulated reversals and CCP 128(8)
- Partial satisfaction and its effect.
- Dealing with Medicare lien issues
- Keeping appellate court apprised of ongoing settlement discussions and relationship to extensions
- Dismissing appeals that have settled
- What to do when the court wants oral argument anyway
Advanced briefing topics
- Improving fact statements
- Effective use of legislative history on appeal
- The limits of judicial notice
- Responding to self-represented litigants
- The effect of People v. Sanchez in civil appeals
- Addressing issues presented under F.P. v. Monier
The appellate record – 2019 version
- The impact of Jameson v. Desta
- Difficulties in procuring record (budget-induced, disappearing reporters, missing documents)
- Ideas for using electronic transcripts effectively
- Updates in court procedures
Voluntary and involuntary dismissals
- The disentitlement doctrine
- Appellants who lack standing and other disqualifications
- Waiver of the right to appeal
- Resurrecting dismissed appeals
Attorney fees and costs: Challenging and preserving trial court awards and seeking fees and costs on appeal
- Record keeping to obtain fee award
- Evaluating prevailing party determinations
- The role of experts in determining the amount of fees
- When is an undertaking needed to stay an award of fees or costs during appeal
- Timing fee and cost appeals
- Special considerations in seeking appellate fees and costs
The following testimonials are from all three Advanced Appellate Conferences 2016-2019:
“Consistently the best live CLE I attend each year. Not to be missed! This isn’t just a refresher on the basics. This brings clarity to real challenges in appellate practice with the top experts in the field.” – Joshua Furman, Esq.
“Year in, year out this is the best MCLE seminar for experienced appellate lawyers.” – Tom Freeman, Esq.
“I attend lots of CLE courses – significantly more than required. This program was outstanding! Careful selection of topics and presenters. This was my first Pincus course. It will not be my last.” – Steven Finell, Esq.
“This is an excellent program. I would recommend it. I found the panel to be very thoughtful and engaged with the purpose of educating the audience.” – Elizabeth Rhodes, Esq.
“Excellent, informative program. Presentations from judges were especially useful, and Ben Shatz is a very good moderator.” – Ryan Wu, Esq.
“Panelists were all terrific – one of the best MCLE classes I have taken!”
“Second year taking this course. Great information, speakers, and lots of ideas, tips and suggestions. Thanks, I’ll be back next year!” – John Stobart, Esq.
“While advanced, this was a great overview of appellate issues.” – Brian Mahler, Esq.
“Still one of the best CLE programs.” – Joshua R. Furman, Esq.
“Excellent seminar. It’s one of the best I have attended.” – Bob Lucas, Esq.
“Much better than the average MCLE courses. It was well thought out and well-presented. I look forward to taking more Pincus courses.” – Earl L. Roberts, Esq.
“It’s great to have presentations targeting experienced appellate lawyers. Tremendously useful.” – Tom Freeman, Esq.
“It was an informative seminar, full of practical information. Excellent program.” – John Yasuda, Esq.
“Thank you. The program, panelists, and participants were excellent.” – Teresa Stinson, Esq.
“What I appreciate the most from these trainings is the multiple perspectives from various justices and practicing attorneys.” – Cynthia Vargas, Esq.
“This is a great advanced seminar. Very high-level, informative presentations.” – Tom Freeman, Esq.
“Having a ‘behind-the-scenes’ perspective on the appellate courts’ workings is very valuable. I handle 2-3 writs/appeals per month and this subject matter is useful. Very engaging speakers. The judicial perspective is highly informative.” – Sean Collins, Esq.
“Broader (and better) scope than expected. Another excellent program.” – Marisa Janine-Page, Esq.
“The topics were interesting and helpful to my practice.” – Jessica Simon, Esq.
“All presenters are great. There were a lot of good nuggets that I will use in my practice.” – Linda Conrad, Esq.
“The program was excellent.” – Tom Freeman, Esq.
“A very good panel of speakers with good diversity in topics.” – Robert Mata, Esq.
“Very useful, informative program. Every speaker was excellent!” – Kevin Meek, Esq.
“Great program.” – Sara Birmingham, Esq.
“Very satisfied with the program.” – Dennis Beaty, Esq.
“Justice Rivera was very good, detailed, and interesting. Harry Chamberlain was a very good speaker. This was a terrific panel!” – Steve Mayer, Esq.
“A fast-moving program – covered a lot of ground.” – Lisa Ungerer, Esq.
“This was an excellent program. Speakers did a great job.” – Christopher Johns
“Very thorough. Well done.” – Eric Troff, Esq.
“The opportunity to speak with justices is very helpful.” – Deborah Bull, Esq.
“All great topics.” – Richard P. Fisher, Esq.
“Excellent speakers…Great handouts.” – Ira Salzman, Esq.
“Wonderful!” – Chris Lim, Esq.
“I’m glad I came and definitely glad I joined the networking lunch.” – Rochelle Wilcox, Esq.
“Learned some valuable things.” Lawrence P. Hellman, Esq.
“Excellent content, expertly presented, excellent program! I’m trying to resume active appellate practice after years of preoccupation with family care issues – this program was a great start!” – Bruce Finch, Esq.
“I liked hearing from the judges – it’s always interesting to hear their points of view.”
“I love Pincus-produced lectures and seminars. Excellent appellate information, very thorough handouts and materials.”
“I am a practicing appellate attorney and I heard good things about this seminar. All the speakers were very knowledgeable and presented well and kept my interest – and the materials in the appendix were very useful.”
“Great use of knowledgeable and credible presenters. Truly an excellent program; well-thought out with valuable information.”
“I chose this program because I’m a previous attendee and have enjoyed it.”
“As usual all of the speakers were excellent in both knowledge and presentation. I was also impressed with your staff. My secretary inadvertently signed me up for a recording rather than attending live. That was quickly and efficiently remedied. The location was great. Their staff was quick and efficient. It was a 0.6 walk from Union Station, which made it easy to get there by Metrolink and avoid traffic.”
“I thoroughly enjoyed the discussion during ethics, regarding plagiarism and ghost writing. I think it was the most interesting conversation all day.”
“Excellent and well put together seminar.”
“Program was excellent – good speakers.”
“Really great presenters.”
“Excellent, informative, enjoyable – all of the speakers did a great job.”
“Another great program – you never disappoint.”
“Very good materials.”
“I attended last year’s appellate conference. It was so helpful and informative that I wanted to attend this year’s conference.” – Linda N. Wisotsky, Esq.
“Subject matter was great.”
“This program was great.”
“Really good, varied program.”
“Excellent program. I’ve just started appellate work and wanted to learn more. This program was quite good. Thank you!”
“As usual, addresses the ‘advanced’ issues facing appellate attorneys. And as always, knowledgeable presenters.”
“Great seminar!! So much great, practical information I can use.”
“I love the format and the pace!”
“This was an excellent program. All speakers did a great job!”
“Very practical and would definitely attend again and recommend to others.”
“Very current and useful information.”
“Organization and administration were excellent and very efficient.”
“Organization and administration of program was excellent – very efficient.”
“Greg Wolff was worth the price of admission on his own.”
“All of the speakers were great.”
“Good, vigorous discussion.”
“Great program and location. The lunch itself was great, as was the opportunity to network.”
Program faculty has included multiple sitting Appellate Court justices, a superior court judge, former supervising staff attorneys at multiple appellate courts, Certified Legal Specialists in Appellate Law, and other top practitioners.
Please click on the individual programs to see the list of faculty for that year.
Our 1st Annual Advanced Appellate Conference (2016)
Our 2nd Annual Advanced Appellate Conference (2017)
Our 3rd Annual Advanced Appellate Conference (2018)
Our 4th Annual Advanced Appellate Conference (2019)
Save $710 by ordering the bundle now! Get four programs for the price of 2 1/2 courses!
Audio Recording and Materials Packages (three programs total): Download format: $990
Audio Recording and Materials Packages (three programs total): CD format $990, plus $7.50 shipping and, in CA, sales tax.
(The total cost of purchasing each seminar separately, including taxes and shipping, would be $1700!)
CA General: This program bundle (all seminars combined) is approved for 27 units of general CLE in California.
CA Certified Legal Specialist: This program bundle (all seminars combined) is approved for 27 units of Certified Legal Specialist CLE in California in Appellate Law.
CA Ethics Credit: 1.0 units
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.