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4th Annual Advanced Appellate Conference (Civil) (WA) (2019)
- Course Summary
- CLE Credits
- Terms & Refund Policies
Pincus Professional Education has again gathered an all-star panel together for its 4th Annual Advanced Appellate Conference in Seattle, Washington on October 11, 2019. This program will be taught by a sitting Washington Supreme Court Justice as well as a former Washington Supreme Court Justice (in practice), appellate commissioners, and top-notch practitioners who have spoken at our programs on many occasions and received excellent reviews every time!
The seminar will delve into the intermediate to advanced level topics that are rarely touched on in full-day CLE courses.
Attendees should have a good understanding of appellate practice as this is not an introductory-level course. The conference includes an optional ticketed networking lunch, where you can speak with justices and commissioners as well as our top practitioners, one-on-one.
Can’t attend? This program will be recorded live on October 11, 2019. The audio package, with seminar materials, will be available two to three weeks after the program. Be sure to pre-order it using the button to the right!
And don’t miss our other Annual Advanced Appellate Conferences (all with different agendas):
Save $425 by ordering all three in our 1st-3rd Annual Advanced Appellate Conference bundle (at a $425 discount!)
Or order each individually:
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) in paperback and e-book format. It is also available on Amazon in Kindle and paperback versions.
The agenda is in the planning stages. Please check back soon for updates.
9:00 – 10:00
Brief Writing Part 1
- Conducting research specific to the appellate briefing process
- Techniques for constructing a brief of respondent/appellee or reply brief
10:00 – 10:15
10:15 – 11:30
Brief Writing Part 2 and Oral Argument: Pet peeves from the bench
- What not to do — oral argument
- What not to do — brief writing
- Effective use of legislative history on appeal
- Advanced brief writing tips – things not every practitioner knows
- Practice brief writing exercises
- Possible topics:
- Improving fact statements
- The limits of judicial notice
- Responding to self-represented litigants
11:30 – 12:00
Attorney fees and costs: Challenging and preserving trial court awards and seeking fees and costs on appeal
12:00 – 1:00
(on your own)
1:00 – 2:00
Top 10 tips for Trial Counsel to get issues decided on appeal
2:00 – 3:00
Critical Appellate Cases of 2018 – 2019
- Most important cases decided in 2018 – 2019
- Important cases pending before the Supreme Court
3:00 – 3:15
3:15 – 4:15
Commissioners give a behind the scenes look at the appellate court
- Motions for Discretionary Review
- Oral argument in front of commissioners v. panel
4:15 – 5:00
- RPC 1.1 on competence;
- RPC 1.2 on limitation of representation;
- RPC 1.3 on diligence;
- RPC 1.4 on communication;
- RPC 1.7 on conflicts;
- RPC 3.1 on meritorious claims;
- RPC 3.3 on candor with the tribunal;
- RPC 1.16 on withdrawal.
October 11, 2019
9:00 a.m. – 5:00 p.m. (Optional ticketed networking lunch)
Check in between 8:30 – 9:00 a.m.
The Washington State Convention Center
800 Convention Place
Seattle, WA 98101
“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.
“My personal objectives were well satisfied because I have done a lot of appellate work.” – Jerome C. Scowcroft, 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.”
“Good program.” – Garth Jones, Esq.
“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.”
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.
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.
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.
Jeffrey T. Kestle, Esq.
Forsberg & Umlauf P.S.
Jeff’s practice focuses on the defense of lawyers in malpractice claims and grievances. He is a current member of the Washington State Bar Association’s Committee on Professional Ethics. He received his B.A. from Pomona College and his J.D. from the University of Washington.
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.
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.
Register by August 23rd and save on each registration with the Early Bird rate!
Registration fees are per person.
Early Bird registration $399
Group: $399 per person for 2 or more from the same company pre-registering at the same time
Early Bird registration $380
Government employee/Legal Aid* Rate: $375
Early Bird registration $350
Law Students/paralegals*: $235 (current JD students only)
Early Bird registration $210
Optional Ticketed Networking Lunch – $35
We’ve gone green. Registration fees include an electronic copy of your handbook emailed one week in advance of the program. Be sure to check your spam folder if you don’t see it by then.
If you prefer, you may order a hard copy of the handout to be provided the day of the program for $25. To do so, please be sure to check the box when you register. If you want a hard copy, you must order it when you register; there will not be any available for purchase the day of the program.
* Law Student Rate is for current law students only.
** Legal Aid attorneys are those attorneys employed by Legal Aid/non-profit firms. It does not include attorneys who have their own practice, or are employed by law firms, that volunteer their time for non-profit causes or take on pro-bono cases.
Full and partial scholarships may be available to a limited number of Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to firstname.lastname@example.org.
WA General: This program is approved for 5.75 general and .75 ethics CLE in Washington through October 10, 2024.
CA General: This program is approved for 6.5 units of general, including .75 ethics CLE in California.
NJ General: The LIVE session of this course is approved, under New Jersey’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NJ approved jurisdiction. See the New Jersey State CLE Board Regulations and Guidelines for further information.
NY General: The LIVE session of this course is approved, under New York’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.
This program is approved for CLE in the states listed above. Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.
Terms & Refund 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.
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.
For policies related to audio products, please select “I want a download or CD” on the right.