3rd Annual Advanced Appellate Conference (Civil) (WA) (2018)

What You Will Learn

Introduction to Course

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

Sponsored by:

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

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 publicly traded companies, small family businesses, professionals, state and local government, hospitals, and individuals. 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’s Washington Lawyers Practice Manual. Howard is a past president 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.

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. 

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

Audio Course and Materials Package – Download: $425

Audio Course and Materials Package – CD: $425

CDs: plus $10 shipping and, in CA, sales tax.

CLE Credit

WA General:This program is approved for 6.5 units of general CLE in Washington through September 13, 2023.

CA General:  This program is approved for 6.5 units of general 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 $8.50 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.