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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, 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.
The agenda is in the works, and will include topics such as behind the scenes looks at the Court of Appeal and the Supreme Court.
We will not be addressing appellate brief writing 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
Covid-19 and the Appellate Courts: What is the New Normal?Avoiding Procedural Traps on Appeal
- Panelists will discuss common procedural pitfalls that prevent appeals from being decided on their merits, including:
- Invited error
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Court of Appeals commissioners rule on motions in unpublished orders.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).
Behind the Scenes at the WA Supreme Court.
- New oral argument plans
- Temporary location while the Temple of Justice is being renovated
- Recent cases on procedural issues
Creating an Effective Record on Review, inter alia, and Understanding How Best to Use ItWhat 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
The following testimonials are from our previous Washington Annual Advanced Appellate Programs with many of the same faculty.
“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.
“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.”
“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
Judge Rebecca Glasgow was elected to Division Two of the Washington 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, for example. She also served as general counsel to the Washington Secretary of State. 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 is a founding member 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 in Thurston County.
Jason W. Anderson, Esq.
Jason W. Anderson handles disputes in appellate courts and assists trial counsel in positioning cases for appeal.
Jason has handled appeals in state and federal appellate courts for nearly two decades. He particularly understands the importance of excellent brief writing. Jason has earned a reputation as one of the top brief writers in Washington.
That dedication to his craft is why clients trust Jason with high-stakes appeals. He has represented multiple Fortune 500 companies and routinely assists clients in challenging large money judgments. Jason objectively assesses clients’ chances of prevailing on appeal and keeps them informed at every stage of the process.
Although he now focuses exclusively on appeals and related matters, Jason draws on firsthand trial experience in doing so. He also has significant experience serving as embedded appellate counsel at trial, focusing on preserving error for appeal.
Jason’s appellate victories include multiple precedent-setting decisions, including Matter of Estate of Petelle, 195 Wash.2d 661 (2020) (holding that a separation agreement that settles all marital property rights waives a spouse’s statutory right to intestate succession), Keodalah v. Allstate Insurance Company, 194 Wash.2d 339 (2019) (disallowing insurance-bad-faith claims against claims adjusters), and Adamson v. Port of Bellingham, 907 F.3d 1122 (9th Cir. 2018) (holding that a ferrypassenger ramp is not analogous to a gangplank and thus is not a basis for admiralty jurisdiction over a negligence action).
Before joining Carney Badley Spellman, Jason served for two years as a law clerk to the Honorable David H. Armstrong of the Court of Appeals of the State of Washington, Division Two. Jason attended law school on a presidential scholarship and served as executive editor of Seattle University Law Review.
When away from his desk, Jason can usually be found outside either running, hiking, or paddle boarding with his dog, or working on a home improvement project.
Ian C. Cairns, Esq.
Smith Goodfriend, P.S.
Bio coming soon!
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.
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.
Cynthia’s appellate experience includes appeals in the Ninth Circuit Court of Appeals, the Supreme Court of Washington and the various Courts of Appeal in Washington. She was named as a Super Lawyer by Washington Law & Politics Magazine in 2021, 2020, 2019, 2018, and 2017, following recognition as a Rising Star from 2010-2016. She started her legal career clerking for Washington Supreme Court Justice Charles W. Johnson.
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.
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.
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.
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.
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.
Pre-order now and save $25 on your purchase with the Early Bird Rate!*
Your discount is automatically applied at check out – no coupon needed.
Three Recorded Package options to choose from:
Video (with sound)* Recording & Materials Package – CD or Download: $455
Early Bird Rate: $430
Audio Only* Recording & Materials Package – CD or Download: $455
Early Bird Rate: $430
Order both the Video* and Audio Only* Packages for only $50 more – CD or Download: $505
Early Bird Rate: $480
*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 pending approval in Washington.
CA General: This program is approved for 5.5 units of general CLE in California.
NJ General: The LIVE session of this course is approved, under New Jersey’s CLE Approved Jurisdiction policy, for 5.5 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 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.