5th Annual Advanced Appellate Webinar 2020(WA)(Recorded Package)

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


This year’s 5th Annual Advanced Appellate Program will be held online due to Covid-19.  Approved for CLE in WA, OR and CA.

And, because we’re online this year we’ve shortened the program to three hours and concentrated on three critical topics:  Oral Argument, including online appearances; insider advice on brief writing; and unintended ethics violations during Covid-19.

This program will be taught by Washington Supreme Court Justice Sheryl Gordon McCloud, as well as former Washington Supreme Court Justice Phillip Talmadge (in practice), appellate commissioners Aurora Bearse and Eric Schmidt, and top-notch practitioners who have spoken at our programs on many occasions and received excellent reviews every time!

Make sure you click on the Testimonials tab to read a ton of terrific reviews!





Prior programs are also available, year by year, or as a bundle:

Or, for a limited time, get all four programs in one Bundle for only $649 and save $1050!!


This Webinar was recorded live and is available as either a video recording, audio only, or you can purchase both formats.

The recording date for this program is November 19, 2020. The audio and/or video packages, with seminar materials, will be available one to two weeks after the program.

What You Will Learn

Oral Argument
  • Remote/Online oral arguments (video, phone)
  • What courts are doing about scheduling oral arguments v. consideration without oral argument
  • Pros/Cons of waiving oral argument in the era of Covid-19
  • How to prepare for questions
  • How to organize
  • Techniques
  • Potential pitfalls
  • Criminal v. civil v. administrative

Ethics Update Under Covid-19

  • Review of RPCs relevant to appellate practitioners during Covid-19

Motion Writing

  • Being selective about filing appellate motions
  • Understanding the specific, distinct provisions of RAP 2.3 (b)
  • The importance of the reply
  • Additional authorities under RAP 10.8
  • Addressing the balancing test in motions to stay enforcement of a judgment or order
  • Effective arguments from a Commissioner’s perspective


“Excellent.” – Mark J. Carroll, Esq.

“The program was great. Very good general advice for argument, and the panelists did a good job of wrapping in issues concerning Zoom arguments, etc.” – John P. Kinsey, Esq.

“I really liked the oral argument presentations. They were practical and applicable regardless of jurisdiction.” – Brooke L. Bove, Esq.

“I enjoyed all three sessions; they provided good information. The speakers were clear and to the point on their topics.” – William Jeffrey Davis, Esq.

“Excellent. Content covered matters hard to learn in written materials.” – Dan Young, Esq.

“Very satisfied.” – Jonathan Tebbs, Esq.

“Speakers were all well prepared.” – Jason B. Saunders, Esq.

“Great program. I especially enjoyed the first panel because it was a little more boisterous, thanks to the amusing moderations by Mike King.” – Emily F. Dahl, Esq.

“Justice Gordon McCloud was excellent. She was engaging and very forthcoming with information regarding the inner workings of the court.” – Emily F. Dahl, Esq.


The following testimonials are from our previous Advanced Appellate Conferences held in Washington, with many of the same speakers.

“Very good seminar. High-level information provided.” – Scott Samuelson, Esq.

“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.

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

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

“The seminar is excellent. All topics were useful.”

“The writing section in the morning was incredibly helpful.”

“Great conference. Fantastic content. Everything was relevant.”

“The writing section in the morning was incredibly helpful. There are so few appellate trainings that apply to criminal practice. I was particularly excited this one addressed brief writing and oral argument. It was helpful to have Judge Stephens’ perspective – good information on how to present written argument to the court. Sidney Tribe offered concise and helpful information. Good information from the commissioners.”

“All the Pincus events I’ve attended have been excellent. It’s very good. Excellent CLE.” – Anna Samuel, Esq.

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

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

“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.”

“Judge Stephens’ insight was illuminating.”

“I loved this seminar and learned a lot.”

“Michael King is a great speaker.”

“Satisfied general knowledge, ‘behind the curtain’ information. Practice tips from the current justice were very useful. Very useful information on Critical Appellate Cases.”

“The seminar is excellent.”

“I wanted to learn more specifics and I did. Judge Stephens’ insights on practical matters were great. Phil Talmadge’s style was really good.”

“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.”

“Very knowledgeable speaker.”

“Dynamic presentation.”

“Very helpful insights.”

“Very helpful.”

“Very practical and useful 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. Sheryl Gordon McCloud
Washington State Supreme Court

Justice Sheryl Gordon McCloud was elected to the Washington Supreme Court in 2012 after a career of helping clients fight for their constitutional and individual rights. As a Justice, she serves as Chair of the Washington State Supreme Court Gender & Justice Commission, as a member of the Supreme Court’s Rules Committee, and as the liaison to the Supreme Court’s Pattern Instructions Committee (on which she previously served as a lawyer-member). She is also on the Washington State Bar Association’s Council on Public Defense. She speaks regularly at legal and community events throughout the state on topics ranging from ethics to criminal justice.

Justice McCloud brought a wealth of appellate experience with her; she handled hundreds of cases before the Washington Supreme Court and other appellate courts before she became a judge. Her law practice showed a record of commitment to communities of color and a long history of providing legal assistance to those who lack the ability to pay. In one of her first volunteer cases, she helped successfully defend a woman’s right to pregnancy disability leave in the United States Supreme Court. She also taught at the Seattle University School of Law and has published several articles.

Her legal expertise was recognized by her peers before she joined the bench. For example, she received the Washington Association of Criminal Defense Lawyers’ highest award, the William O. Douglas Award, for “extraordinary courage” in the practice of law. Her commitment to justice is still recognized by her peers now that she has a track record of work as a Justice. In 2015, Washington Women Lawyers King County Chapter honored her with its President’s Award. In 2018, the Cardoza Society of Washington State presented her with its L’Dor V’Dor Award.

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.

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 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.


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.

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.




Audio Recording & Materials Package – CD or Download: $425
Video Recording & Materials Package – CD or Download: $425


Both Audio and Video Recording & Materials Package for only $50 more!
CD or Download: $450


For CDs, please add $8.50 shipping and, in CA, sales tax.

*The Video recording is a video of the webinar (including audio).  The Audio recording is audio only, for those who may like to listen to it without visuals.  You do not need to order the Audio and Video package both if you only want to watch the webinar or only want to listen to it without visuals.  Both formats may be played on mobile devices but all must be downloaded to a computer first, due to the packages formatted as large .zip files that include documents.


This program was recorded live on November 19, 2020.



CLE Credit

This program is available for both Self-Study and Participatory CLE.*

WA General: This program is approved for 2.5 units of general CLE in Washington through 11-19-25.
WA Ethics: This program is approved for 0.5 units of ethics credit in Washington through 11-19-25.

CA General:  This program is approved for 3.0 units of general CLE in California.

OR General: This program is approved for 2.5 units of general CLE in Oregon.

OR Ethics: This program is approved for 0.5 units of ethics credit in Oregon.

*Participatory CLE:  For those states that make a distinction between self-study and Participatory CLE (CA, IL, NY), please write down the Verification Codes read out during the program by speakers or our announcer and email them to us at info@pincusproed.com and we will issue your Participatory CLE certificate. 

Self-Study CLE certificates are already included in your recorded package, in the “Materials” Folder. 

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.



$425.00$450.00 each

Recorded on November 19, 2020.