5th Annual Advanced Appellate Program – Online 2020 (WA)

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.

And, because we’re online this year, we’ve shortened the program to three hours and concentrated the topics to three: Oral Argument, including online appearances; brief writing insider discussions, and an update on ethics related to online appearances and other Covid-19 related issues.

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 and are all on sale now:  

1st – 4th Annual Adv. Appellate Audio Packages 
40% off download packages through September 11th.
Use coupon code: APPWA
(New orders only)
Or, for a limited time, get all four programs in one Bundle for only $649 and save $1050!!

 

And, don’t forget, right now we have a few remaining prior Advanced Appellate conference CD packages on clearance from $25 – $50.
While supplies last, new orders only.
This clearance sale applies to CD packages only. If you cannot order one in a CD format, it means it has sold out.

 

 

Can’t attend? This Program will be recorded 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.

 

Agenda

12:00 – 1:30

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

1:30 – 1:40
10 Min Break

1:40 – 2:10
Ethics Update Under Covid-19

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

2:10 – 3:10
Motion Writing

  • Being selective about filing appellate motions
  • Understanding the specific, distinct provisions of RAP 2.3 (b)
  • The critical 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

Date/Time/Location

Online Webinar

Thursday, November 19, 2020
12:00 p.m. – 3:10 p.m. PST

We will send your login details and handout materials a few days before your program.

Testimonials

“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 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.”

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

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

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

“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.”

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

“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.”

Faculty

Hon. Sheryl Gordon McCloud
Justice
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 Aurora R. Bearse
Commissioner
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 has two daughters.


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.


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.


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 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.
Shareholder
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.
Principal
Carney Badley Spellman, P.S.

Michael King is a principal of Carney Badley Spellman, in Seattle, Washington, where his practice focuses on appellate litigation.  Mr. King has argued over 170 cases to full merits panels, and has represented clients before state and federal appellate courts across the United States.  Mr. King is a Fellow of the American Academy of Appellate Lawyers, and a past chair of the Defense Research Institute’s Appellate Advocacy Committee. He has spoken on appellate practice issues at conferences around the country.


 

Fees

Register now and save up to 40% on each registration with the Early Bird rate!

Early Bird Rate Ends October 9th

 

Registration fees are per person.

Individual: $425
Individual Sale Price: $249

Group: $399 per person for 2 or more from the same company pre-registering at the same time
Group Sale Price $239

Government employee/Legal Aid* Rate: $375
Early Bird registration $229

Law Student*/Paralegal Rate: $235
Early Bird registration $200

*Your discount is automatically applied at check out.

Your access information and course handout will be sent out a few days before the program.

 

Program materials:

Registration includes an electronic copy (.pdf) of your seminar handbook.  This will be emailed to you a few days before the program.  Be sure to check your spam folder if you don’t see it by then.  Please put info@pincusproed.com in your address book to make sure you receive your pdf of the program handbook.

* Law Student Rate is for current law students only.  Please bring your law school ID to show when you check in for the program.

** 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. It also does not include attorneys who serve on non-profit boards.

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 info@pincusproed.com.

 

CLE Credits

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

CA General:  This program is approved for 3.0 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. Many attorneys ask for this and are approved in other states.

$200.00$249.00 each

November 19, 2020 | Webinar

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