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7th Annual Advanced Appellate Program (WA) (Recorded Package)
Audio program! (check our CLE Programs page for live versions)
We have again gathered an all-star panel together for our 7th Annual Advanced Appellate Conference in Seattle, Washington on November 4, 2022. This program will be taught by a sitting Washington Supreme Court Justice as well as a former Washington Supreme Court Justice (in practice), Appellate Judges, Commissioners and top-notch practitioners who have spoken at our programs on many occasions and received excellent reviews every time!
This course assumes a good understanding of appellate law.
Please click on the Agenda tab to see the agenda.
While we do have a session on what NOT to do in brief writing and oral argument (discussing the common errors even experienced practitioners make), we will not be addressing appellate brief writing in depth this year, so if you are interested in that topic, take a look at the Persuasive Appellate Brief Writing course we held earlier this year here.
This program will be recorded live in Seattle on November 4th. The recorded packages, including seminar materials, will be available approximately two to three weeks after the live program date.
* The Video recording is a video of the webinar (including sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car). You can also purchase both formats together. Note: All downloads must be downloaded to a computer first, before transferring them to another device.
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What You Will Learn
9:00 a.m. – 9:45 a.m.
What NOT to do in Briefing and Oral Argument: All the irritating things that counsel do to drive appellate court staff, judges and counsel nuts and should be avoided
- An inside discussion regarding ongoing mistakes made by experienced practitioners when writing briefs and at oral argument
9:45 a.m. – 10:45 a.m.
Avoiding Procedural Traps on Appeal
- Panelists will discuss common procedural pitfalls that prevent appeals from being decided on their merits, including:
- Invited error
11:00 a.m. – 12:00 p.m.
Behind the Scenes at the WA Supreme Court.
- Changes at the Washington Supreme Court
- New oral argument plans
- Temporary location while the Temple of Justice is being renovated
- How the Court decides which cases to hear
- Role of the Commissioner and departments
- Certified questions
- How the justices prepare for oral argument
- Assignment of cases to justices
- How justices read briefs and access the record
- Strategies for oral argument
- Making the most of questions
- Tips for preparation
- What happens after oral argument
- How the opinions are assigned
- Statements of additional authority and post-argument letters
- Internal deadlines for opinions
1:00 p.m. – 2:00 p.m.
Behind the scenes at the Court of Appeal
Court of Appeals commissioners rule on motions in unpublished orders. While some published decisions may give guidance on motions for stays and motions for discretionary review, commissioners decide other types of motions and review of those decisions often evade review, providing little guidance on how those motions are decided.
The panelists will discuss the types of motions commissioners hear, how best to present those motions, and how best to persuade the commissioners that will be deciding them. Topics will include:
- Motions other than stays or discretionary review that are decided by commissioners:
- Motions reviewing decisions related to the record. RAP 9.13
- Motions to consolidate cases. RAP 3.3
- Motions for extension (how many are too many?). RAP 18.8
- Motions to dismiss. RAP 18.9(b)
- Motions for accelerated review. RAP 18.12
- How RAP 8.3 might be used to obtain relief other than a stay.
- Emergency motions (RAP 17.4(b)).
- How to convince the commissioners that it is an actual emergency.
- What to anticipate if you ask for consideration of your motion on an expedited basis.
- Oral argument on motions
- When appropriate, and when you are better off having it decided without oral argument
- When might a commissioner refer a motion to a panel of judges. RAP 17.2(b)
- Attorney fees and cost awards. RAP 18.1(f); RAP 14.1(c).
2:10 p.m. – 3:10 p.m.
Creating an Effective Record on Review, inter alia, and Understanding How Best to Use It
- Thinking strategically about your record: what’s in, what’s out. (This includes right sizing the record in complex cases)
- Timing the designation of the record and statements of arrangements with an eye on deadlines
- Viewing the record from an appellate court’s perspective
- issue spotting
- understanding how records are stored electronically
- what to hyperlink, word search, etc.
- What to do when something important is missing: supplementing and recreating a record (This includes who bears responsibility for the state of the record)
- Facts, non-facts and persuasive use of the record
3:10 p.m. – 4:00 p.m.
Covid-19 and the Appellate Courts: What is the New Normal?
Mike and Jason will explore the impact of the Pandemic on the Washington state appellate courts and whether a “new normal” has emerged, including:
- Oral argument scheduling, preparation for argument, remote or in person, etc.
- Case load
- Processing of cases and motions
- Division of labor between judges/justices and commissioners
- Use of technology (including by the clerk’s office and by judges/justices and commissioners)
- Public access
“Excellent blend of experienced appellate advocates and judicial decision-makers. Makes the rules come alive and is truly informative.” – Gregory Miller, Esq.
“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.
“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.
“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.
“I really liked the oral argument presentations. They were practical and applicable regardless of jurisdiction.” – Brooke L. Bove, Esq.
“Valuable insight from the Court.” – Joseph Jackson, Esq.
“Very good. Excellent content and judicial perspective – very helpful and clear.” – Gregory Miller, Esq.
“My expectations were satisfied/exceeded. I really found this seminar to be enjoyable and useful.” – Tim Higgs, Esq.
“Very Satisfied.” – Christopher Graves, Esq.
“Helpful to hear from judges and commissioners.” – Jennifer Freeman, Esq.
“Excellent.” – Mark J. Carroll, 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.
“All the Pincus events I’ve attended have been excellent. It’s very good. Excellent CLE.” – Anna Samuel, Esq.
“Very satisfied.” – Jonathan Tebbs, Esq.
“Speakers were all well prepared.” – Jason B. Saunders, 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.
“Good job!” – Stephen K. Eugster, Esq.
“Excellent seminar. Great content.” – Christopher Kerley, Esq.
“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.
“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.
“I thought the speakers were well-versed in their areas of law and were very thorough in their explanations of the material they covered and their analysis of the law.” – Frank W. Jenny, Esq.
“Excellent program. Well-informed speakers.” – Joanna Valeri, Esq.
“The program was great – thought that it really brought a wealth of perspective into appellate practice and things to keep in mind.” – Brian Nadler, Esq.
“The practice pointers and insights were more than worth the day’s investment.”
“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.”
“Very qualified and knowledgeable pool of speakers!”
“Lived up to the ‘Advanced’ title of the CLE. Very satisfied.”
“The seminar is excellent. All topics were useful.”
“Overall, an excellent program.”
“The presentations were well prepared with very useful content. The choice of speakers was excellent.”
“These were really great speakers, clearly knowledgeable. It was great to hear from Judges and Commissioners.”
“Great program as usual.”
“It was very good. Michael King was great. Phil Talmadge was good.”
“All good, but particularly hearing from the judges, Phil Talmadge, and from Mike King.”
“Great as always. I think I have been to all seven.”
“Great talk and kept it interesting.”
“The program was great – thought that it really brought a wealth of perspective into appellate practice and things to keep in mind.”
“Very helpful especially the insights by Judge Stephens.”
“Even having handled a number of appeals, I still learned a lot of new, excellent information.”
“The writing section in the morning was incredibly helpful.”
“Great conference. Fantastic content. Everything was relevant.”
“Good speakers, and good selection of them.”
“Learned new concepts for addressing issues.”
“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.”
“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 and ‘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.”
“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.”
“This was a solid CLE that I enjoyed.”
“I received a lot of useful information. Judge Stephens and the Commissioners were very helpful. Solid advice from Ken Masters. Well-prepared.”
“Enjoyed the speakers and the content.”
“Today was excellent.”
“Interesting and mostly helpful topics.”
“I was impressed by the speakers I heard.”
“Very knowledgeable speaker.”
“Very helpful insights.”
“Very practical and useful information.”
“Great ‘behind-the-scenes’ insight.”
“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
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.
Hon. Rebecca Glasgow
Washington State Court of Appeals, Division II
Chief Judge Rebecca Glasgow
Judge Rebecca Glasgow was elected to Division Two of the Washington State Court of Appeals in 2018. Prior to joining the bench, she served as a Deputy Solicitor General in the Washington Attorney General’s Office. She litigated cases in the areas of elections, immigration, and civil rights. She also served as general counsel to the Washington Secretary of State as well as a legal advisor to the Governor’s Office. Before joining the Attorney General’s Office, she served as a law clerk at the Washington Supreme Court for five years.
Rebecca has a long history of service to her community and was named a Washington State Bar Association “Local Hero” in 2014. She volunteered at her local legal clinic for more than a decade, helping clients who could not afford an attorney. Rebecca has served as the statewide President of Washington Women Lawyers and is now a member of Washington’s Gender and Justice Commission. Rebecca sits on this board of the Judicial Institute, which promotes the election and appointment of people of color, LGBT people, and women to the bench. She has also served on the University of Washington Law School Dean’s Leadership Council.
Rebecca graduated magna cum laude from Wake Forest University and with honors from the University of Washington School of Law, where she was an executive editor of the Washington Law Review.
Rebecca and her husband live with their son, dog, and chickens.
Washington State Court of Appeals
Lea Ennis is the Court Administrator/Clerk of Division I, Court of Appeals. Prior to joining the Court of Appeals in 2021, she worked for King County Superior Court for 26 years where she served in several different positions, including Director of Juvenile Court Services, Director of Technology, and Director of Court Operations. Ms. Ennis earned her Master of Public Administration and Bachelor of Arts in Comparative Literature from the University of Washington.
Commissioner Masako Kanazawa
Washington State Court of Appeals, Division I
Commissioner Masako Kanazawa was appointed by the Court of Appeals Division One in September 2013. Before her appointment, Commissioner Kanazawa worked for the Attorney General’s Office for eleven years. Commissioner Kanazawa was born and grew up in Japan. She graduated from the University of Washington with a Bachelor of Arts degree in political science and a Minor in Spanish. She graduated from Seattle University Law School, Magna Cum Laude, in 2002. She served the Law Review as Executive Editor and worked as an extern for Judge Mary Kay Becker.
Commissioner Jennifer Koh
Washington State Court of Appeals, Division I
Commissioner Jennifer D. Koh was appointed by the Court of Appeals Division One, effective March 2, 2020. Before her appointment, Commissioner Koh focused on appellate practice as Of Counsel with Fain Anderson Vanderhoef Rosendahl O’Halloran Spillane PLLC, served as a staff attorney for Division I, practiced as a trial and appellate attorney in municipal public defense and other criminal and civil matters with a small Seattle law firm, and worked as an associate attorney in employment, education, and labor law in the Bellevue office of a large Seattle firm. Commissioner Koh graduated from the Yale Law School and holds a bachelor’s degree in political science from the University of Washington. Commissioner Koh grew up in West Seattle, where she lives with her husband and three children.
Ian C. Cairns, Esq.
Smith Goodfriend, P.S.
Ian Cairns is a principal of Smith Goodfriend and graduated from the University of Washington School of Law with honors in 2010. Ian focuses on civil appellate practice in state and federal courts across a broad range of subject areas including business disputes, trust and estate litigation, and family law. Ian is the Vice-Chair of the Washington State Bar Association Judicial Recommendation Committee, co-author of the Appellate Practice chapter of the King County Bar Association Young Lawyer Division’s Washington Lawyers Practice Manual, and a former Chair of the King County Bar Association’s Appellate Section. Ian lives in Seattle with his wife Michelle and their two sons, and in his free time coaches and plays lacrosse.
Cynthia B. Jones, Esq.
Jones Legal Group, LLC
Jones Legal Group, LLC is headed by Cynthia B. Jones, a dedicated legal professional well-versed in appellate practice and litigation. Cynthia concentrates her practice on civil and criminal appeals and civil litigation, including constitutional and criminal cases in federal and state courts.
Ms. Jones was appointed by the Western District of Washington United States District Court to serve a three-year term as Lawyer Representative to the Ninth Circuit. Lawyer Representatives are chosen to serve three-year terms representing attorneys practicing in each of the Ninth Circuit’s 15 districts in nine western states and two Pacific Island jurisdictions. In 2022, she was elected Vice Chair of the Ninth Circuit Lawyer Representative Coordinating Committee (LRCC) 2022-2025 and will serve on the Judicial Conference Executive Committee (CEC) during her term as Vice Chair of the LRCC.
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.
Karl D. Smith, Esq.
Deputy Solicitor General
Washington State Attorney General’s Office
Karl Smith is a Deputy Solicitor General in the Washington State Attorney General’s Office. He regularly represents the State before the Washington Supreme Court, Washington Court of Appeals, and the Ninth Circuit Court of Appeals and routinely reviews and edits appellate briefs by other attorneys in the Attorney General’s Office. In addition to appellate work, Karl also advises and represents the Elections Division of the Office of the Secretary of State. Before joining the Solicitor General’s Office, he advised and represented the Washington Department of Social and Health Services from 2012 through 2019.
Karl began his legal career as a law clerk to Justice Susan Owens from 2009 through 2012. He graduated with honors from the University of Washington School of Law and completed his undergraduate education at the University of Washington.
Karl lives in Olympia with his wife and two daughters.
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.
Valerie A. Villacin, Esq.
Smith Goodfriend, P.S.
Valerie A. Villacin is a principal in the Seattle firm of Smith Goodfriend, P.S. Valerie has been counsel of record in over 200 appeals. Valerie is involved in all phases of the appellate process, from consulting with trial attorneys regarding potential appellate issues, to assisting with post-mandate issues in the trial court. Valerie has contributed to the Washington Appellate Practice Deskbook and the Appellate Review in Family Law Cases chapter of Washington Practice: Family and Community Property Law. Valerie is co-president of the Washington Appellate Lawyers Association.
Three Recorded Package options to choose from:
Video (with sound)* Recording & Materials Package – CD or Download: $455
Audio Only* Recording & Materials Package – CD or Download: $455
Order both the Video* and Audio Only* Packages for only $50 more – CD or Download: $505
*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).
Note: All downloads must be downloaded to a computer first, before transferring them to another device.
For CDs, please add $8.50 shipping and, in CA, sales tax.
This program will be recorded live on November 4, 2022.
(Recorded packages are available approximately two to three weeks after the seminar is held.)
WA General: This program is approved for 5.5 units of CLE in Washington through 11/4/2027.
CA General: This program is approved for 5.5 units of general CLE in California.
CA Participatory Certified Legal Specialist: This program is approved for 5.5 hours of Legal Specialization Credit in Appellate Law. (Expires 11/04/2024)
NY General: The LIVE session of this course is approved, under New York’s CLE Approved Jurisdiction policy, for 5.5 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.