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3rd Annual Advanced Appellate Conference (Civil) (WA) (2018)
Audio program! (check our CLE Programs page for live versions)
Pincus Professional Education gathered an all-star panel together for its 3rd Annual Advanced Appellate Conference in Seattle, Washington. This program was taught by sitting and former Washington Supreme Court Justices, appellate judges, and top practitioners who have spoken at our programs on many occasions and received excellent reviews every time!
The seminar delves into the advanced topics that are rarely touched on in full-day CLE courses.
The audio course starts with a discussion between three sitting Appellate Court Commissioners regarding motion practice and motions for discretionary review. You can’t get more of an inside look at what the court wants than this!
Next, an appellate Commissioner, WA Supreme Court Justice and a well known appellate attorney delve into more advanced topics and advice related to writing your appellate briefs. You will get a good understanding of what the court wants and some terrific advice and writing tips.
In the later part of the recording, you’ll get insight from an appellate Commissioner, WA Supreme Court Justice and a well known appellate attorney on oral argument techniques.
This is an intermediate to advanced level appellate course that assumes a good understanding of appellate practice.
You might also want to order our 2nd Annual Advanced Appellate Conference Audio Package, which was held in Seattle in 2017 and our 1st Annual Advanced Appellate Conference held in Seattle in 2016. All three of these programs have different agendas, so you learn about new subjects from each one.
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.
The recording date for this program is September 14, 2018.
What You Will Learn
The following agenda is tentative. Please check back soon for updates.
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
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
“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.”
Commissioner Aurora R. Bearse
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 have two daughters.
Commissioner Mary Neel
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
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
Washington State Supreme Court
The Honorable Debra L. Stephens was appointed to the Washington State Supreme Court effective January 1, 2008, and subsequently elected to a six-year term. She previously served as a judge for Division Three of the Court of Appeals, having been appointed and later elected unopposed in 2007. Justice Stephens is a native of Spokane, Washington, where she practiced law until taking the bench. Her legal work focused on appellate practice, with over 125 appearances in the Washington Supreme Court, in addition to appearances in the Washington Court of Appeals, Idaho Supreme Court, United States Court of Appeals for the Ninth Circuit and as counsel of record in the United States Supreme Court. From August 1995 until April 2007, she helped coordinate the Amicus Curiae Program of the Washington State Trial Lawyers Association Foundation, the longest standing institutional “friend of the court” program in the State. She has also taught as an adjunct professor at Gonzaga University School of Law since 1995, in areas including Federal and State Constitutional Law, Community Property, Appellate Advocacy, and Legal Research & Writing. In addition, she is a contributing author to the Washington Appellate Practice Deskbook, and is known as a prolific writer and speaker at continuing legal education programs.
Justice Stephens is firmly committed to public service and community involvement. She served for over a decade on the Board of Directors of the Orchard Prairie School District No. 123, and was also a board member of the Spokane Valley Rotary Club. She has served as both a Deacon and Elder of Millwood Community Presbyterian Church; a member of the Sacred Heart Children’s Foundation “Joshua’s Hugs” fundraising circle; a Community Board Advisor for People for Environmental Action & Community Health (PEACH), an organization committed to the development of sustainable agriculture and local safe foods; a founding member and volunteer mentor for the Upward Bound Program, providing guidance to at-risk high school students; and a volunteer mentor for Gonzaga University undergraduate and graduate students. She has been a strong advocate for pro bono legal services, and was a volunteer supervising attorney at Gonzaga’s University Legal Assistance clinic. She was a trustee of the Washington Judicial College, and currently serves on the Appellate Court Education Committee and the Court Rules Committee.
Justice Stephens entered law school when her daughter, Lindsey was just five weeks old. Prior to that time, she taught Speech Communications and coached the Debate Team at Spokane Falls Community College in 1987-88, and was Assistant Dean of Admissions at Gonzaga University from 1988-90. Upon graduation from law school, Justice Stephens served as a Staff Attorney for the Honorable Fred L. Van Sickle, United States District Court for the Eastern District of Washington from 1993-95.
Justice Stephens is the first judge from Division Three of the Court of Appeals to serve on the Washington State Supreme Court, and the first woman from Eastern Washington to do so. She grew up in Spokane, graduating from West Valley High School, where she was student body president and a national “Century III Leader.” She attended Gonzaga University on a debate scholarship, graduating Magna Cum Laude with Honors in 1987, and later attended Gonzaga University School of Law as a Thomas More Scholar, graduating Summa Cum Laude in 1993.
Justice Stephens and her husband, Craig, have been married since 1989, and have two children, Lindsey and Bob. The family enjoys skiing, golfing, singing around the campfire and spending time on the Snake River.
Howard M. Goodfriend, Esq.
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.
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.
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.
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.
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.
Audio Recording & Materials Package – CD or Download: $469
For CDs please add $7.50 shipping and, in CA, sales tax.
(Audio packages are available approximately two to three weeks after the seminar is held.)
WA General: This program is pending CLE approval in Washington. Please check back soon for the number of CLE units.
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 $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.