8th Annual Advanced Appellate Practice (Recorded Package and OnDemand Streaming) (WA)

What You Will Learn

Part 1: Tuesday, November 7, 2023
1:00 p.m. – 4:30 p.m. (includes breaks) PST

Part 1 Faculty:  Hon. Rebecca Glasgow, Commissioner Hailey Landrus, Philip Talmadge (former WA Supreme Court Justice, Hon. Debra Stephens (WA Supreme Court Justice) and Cynthia Jones  

1:00 – 2:10
Advanced Oral Argument Skills
Hon. Rebecca Glasgow and Commissioner Hailey Landrus

• Understanding judges’ objectives during oral arguments
• Rapid question identification and categorization
• Effectively addressing hypothetical questions
• Navigating policy-related concerns
• Skillfully maneuvering challenging situations
• Maximizing limited time
• Practical preparation and practice techniques
• Illustrative clips of strong oral arguments

2:10 p.m. – 2:20 p.m.
BREAK

2:20 p.m. – 3:20 p.m.
An In-Depth Look at Whether a Party Should Appeal
Philip Talmadge

• Whether a motion for interlocutory review should be filed, or
• Whether a petition for review the Supreme Court should be filed, and
• What legal, practical, and ethical questions should go into making such decisions

3:20 p.m. – 3:30 p.m.
BREAK

3:30 p.m. – 4:30 p.m.
Lessons Learned During 17 Years of Appeals
Hon. Debra Stephens and Cynthia Jones

Every appellate advocate knows there are three arguments in each case: the one you plan, the one you deliver, and the really great one you give on the drive home!  Understanding that experience is the best teacher, a WA State Supreme Court justice and an experienced advocate share lessons learned from both sides of the bench, to help you make better decisions with respect to:

• Arguing standards of review
• Law of the case and issues that arise post-appeal
• Arguing against precedent, including:
  • Evolving standards around overturning stare decisis
• Alternative paths to Supreme Court review
• Case management issues

Part 2: Thursday, November 9, 2023
1:00 p.m. – 4:30 p.m. (includes breaks) PST

Part 2 Faculty: Hon. Rania Rampersad, Karl Smith, Howard Goodfriend,Lea Ennis, Lila J. Silverstein and Hon. Anne Egeler

1:00 p.m. – 2:05 p.m.
Crafting Effective Introductions in Appellate Briefs
Hon. Rania Rampersad and Karl Smith

• Understand the purpose of an introduction and when to include one
• Learn the keys to a strong and persuasive introduction
• Hear practical tips from judges and practitioners
• Participate in group exercises to improve draft introductions

2:05 p.m. – 2:10 p.m.
BREAK 

2:10 p.m. – 3:00 p.m.
Top 10 Tips for Trial Counsel to Get Issues Decided on Appeal
Howard Goodfriend

3:00 p.m. – 3:10 p.m.
BREAK

3:10 p.m. – 3:25 p.m.
Appellate Court Clerk’s Office Procedures – Reminders & Updates
Lea Ennis, Court Administrator, Washington State Court of Appeals

• Motions for Extension of Time
• Notices of Unavailability
• Motion to Continue Oral Argument
• Updates to RAPs & Other Procedures

3:25 p.m. – 4:30 p.m.
Henderson, Zamora, and More: Using GR 37 to Address Implicit Bias Beyond Jury Selection
Lila J. Silverstein and Hon. Anne Egeler

• Refresher: Raising GR 37 issues in jury selection
• Henderson v. Thompson and the extension of the GR 37 standard to address racial bias in civil trials
• Zamora, Sum, Berhe, and the extension of the GR 37 standard to address racial bias in criminal trials
• Vezaquez Framing and avoiding racial bias on appeal
• The future: litigating extension of the standard to new contexts 

Testimonials

“Terrific presentation by all speakers.” – Eileen McKillop, Esq.

“Good content, very knowledgeable speakers, and valuable insight from the panelists.” – Desmond Browm, Esq.

“I would rate it as an excellent program.” – Frank W. Jenny. Esq.

“Great!” – Craig Wagner, Esq.

“Overall a fantastic program with a great vibe and specific, helpful pointers from many people who love the law and want to help others improve.” – Nathaniel Deakins, Esq.

“Excellent in all respects.” – Dan Young, Esq.

“It was a very informative and helpful program.” – Frank W. Jenny, Esq.

“Strong content, excellent speakers.” – Desmond Brown, Esq.

“Great program!  Thank you.” – Joshua Brower, Esq.

“Great speakers.” – Eileen McKillop, Esq.

“I found this very helpful and the presentations engaging.” – Peter Talevich, Esq.

“This is one of the best, if not the best, appellate CLEs I’ve participated in in a long time. I will pass the word along to other Colorado appellate lawyers.” – Nathaniel E. Deak, Esq.

“Very interesting and informative.”

“All of the speakers were outstanding.  So, were the materials.”

“Overall, good content and good presenters.”

“Good mix of the practical and abstract.”

“The first session was the best.”

“Loved the first panel on oral arguments – I learned so much. It was very valuable.”

“Great first day program, first speaker tandem was outstanding about specific tools for oral arguments and what is helpful to judges.”

“Excellent speakers and material.”

“I thought that all of the speakers were very effective and informative.”

“Very interesting.”

“I really enjoyed all the insight of the speakers.”

“The presentation about Appellate Court Briefing was extremely worthwhile and educational.  I learned a lot.”

“Excellent program, with excellent content and first-rate speakers.”

“The length of each section was good, and the depth of the material was excellent.”

“Outstanding program.  Thanks.”

“Extremely helpful content, and the speakers did a great job.”

“Excellent program.  Very impressive and engaging speakers and content.”

“Excellent speakers and material.”

Faculty

Hon. Debra L. Stephens
Justice
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
Chief Judge
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. 

Hon. Hailey Landrus
Commissioner
Washington State Court of Appeals, Division III

Commissioner Hailey Landrus serves as a court commissioner at Division III of the Washington State Court of Appeals.  Before she became a judicial officer, Commissioner Landrus practiced general civil litigation, taking on a broad range of cases in areas of law including appellate, family, juvenile dependency, business/partnership, real property, administrative, guardianship, probate, employment, and insurance subrogation, while also doing simple estate planning work.  She recently returned to Division III where she began her legal career as a judicial law clerk for now-retired Judge Dennis J. Sweeney.  Commissioner Landrus is a graduate of Seattle University School of Law and Washington State University. 

Hon. Anne Egeler
Judge
Thurston County Superior Court

Judge Anne Egeler was appointed to the Thurston County Superior Court bench by Governor Jay Inslee and began serving in January 2023. She currently presides over civil and criminal jury and bench trials and hears civil motions.

Prior to her appointment, Judge Egeler served the people of the State of Washington as a deputy prosecuting attorney for three years. In addition, for nearly 3 decades, Judge Egeler practiced law at the Attorney General’s Office. She represented the State in a variety of cases, including actions to prohibit discrimination based on sexual orientation and gender, environmental issues, taxation, education, ballot and voting issues, and criminal law. Judge Egeler’s legal career included superior court trials and appeals at every level of the state and federal courts. Judge Egeler also taught appellate advocacy at the University of Oregon School of Law.

Judge Egeler raised her family in Thurston County and is an active member of the community. She volunteered in the public schools and is a past board member of the Olympia Education Foundation. Judge Egeler received the Legacy Award for her many years of service with Thurston County Volunteer Legal Services. She is an active member (and past board member) of the Capital Chapter of Washington Women Lawyers. In recognition of her community involvement, Judge Egeler received the "Local Hero" award from the Washington State Bar Association. 

Hon. E. Rania Rampersad
Judge
King County Superior Court

Judge E. Rania Rampersad was appointed to the Superior Court bench in 2023 by Governor Jay Inslee. Before joining Superior Court, Judge Rampersad served as a King County District Court Judge. She was unanimous appointment by the King County Council in 2021 and subsequently elected by the residents of East King County to retain her seat. Prior to joining the bench, she served as a judge pro tempore in eight different municipal courts in the Puget Sound region.

Judge Rampersad has practiced law at every level of court in Washington (municipal to Supreme), and Tulalip Tribal Court. She has served various roles in the criminal justice system; in addition to her work as a judicial officer, she has worked as a public defender and prosecutor. Judge Rampersad strongly supports the work of therapeutic and community courts. She served as the assigned public defender for Yakima County’s DUI Court and presided over Redmond Community Court hearings in her judicial capacity. Judge Rampersad also has experience in civil law. In District Court, she presided over emergency domestic violence and sexual assault protections orders, among other civil matters. As an attorney, she represented institutional clients in class action and other complex civil litigation, served as a civil prosecutor in state licensing matters, and represented indigent clients as a civil legal aid attorney. Judge Rampersad began her legal career by clerking for (then Chief) Justice Barbara Madsen at the Washington State Supreme Court.

Judge Rampersad believes passionately in supporting human rights and the rule of law, particularly for underserved communities. To further this aim, she has lived and worked in multiple countries throughout her legal career. She worked for the United Nations High Commissioner for Refugees in Dadaab Kenya Refugee Camp where she evaluated asylum claims for survivors of torture and war crimes, and screened out terrorists from resettlement to the United States. She worked for International Bridges to Justice in Beijing, China training defense attorneys who risked their lives to serve minority communities including Tibetan, Yi, Mongolian, and internally displaced people. She worked for Asylum Access in Dar es Salaam, Tanzania representing urban refugees who fled from violence in the Democratic Republic of the Congo. In New York, she represented immigrant survivors of domestic violence. In her judicial capacity, she Chaired the King County District Court’s Diversity, Equity, and Inclusion Committee, and spearheaded efforts to increase court outreach to underserved communities.

Judge Rampersad has also been heavily involved in service to numerous bar associations and community organizations. In 2019, she founded the Joint Minority Mentorship Program, which has served hundreds of law students from historically under-represented backgrounds, including women, persons with disabilities, and members of LGBTQ+, ethnic, racial, and religious minority communities. Under her leadership, the program grew to include eleven bar association partners and to serve 125 participants in 2021. In light of this work, the Vietnamese Bar Association of Washington recognized her with their Community Service Award in 2021. Judge Rampersad is also the President-Elect of the William L. Dwyer American Inn of Court, and was Past-President of the South Asian Bar Association of Washington (SABAW). Judge Rampersad regularly engages with her community through volunteer work. Her past work includes volunteer service with Seattle Children’s Hospital – Des Moines Auxiliary, Jewish Family Services, the YMCA, local public schools, and various other service organizations.

Judge Rampersad earned a Bachelor of Arts in Business Administration from the University of Washington in Seattle, with a formal focus in Finance, a Certificate of International Studies in Business, and a Minor in Chinese Language and Literature. She earned her Juris Doctor from Georgetown University. 

Lea Ennis
Court Administrator/Clerk
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.

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 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.

Cynthia B. Jones, Esq.
Founder
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.

Lila J. Silverstein, Esq.

Washington Appellate Project

Lila Silverstein is passionate about protecting the constitutional rights of individuals and ensuring equal access to justice for all. An appellate public defender since 2006, Lila represents indigent clients in the Washington Supreme Court, all three divisions of the Washington Court of Appeals, and the United States Court of Appeals for the Ninth Circuit. Her most notable case is State v. Gregory, 427 P.3d 621 (Wash. 2018) (with co-counsel Neil Fox). Lila commissioned a statistical study on race and the death penalty in Washington and argued the death penalty was unconstitutional because it was imposed in an arbitrary and racially biased manner. In 2018, the Washington Supreme Court agreed and invalidated Washington’s capital punishment scheme.     

Outside of case work, Lila volunteers her time presenting CLEs, writing amicus briefs, and serving on bar committees. Lila wrote significant sections of Washington’s General Rule 37, which provides strong protection against race discrimination in jury selection and is being emulated in other jurisdictions. She has served as chair of the King County Bar Association’s appellate practice section, and is an invited member of the Washington Appellate Lawyers Association and the American Academy of Appellate Lawyers. For her work, Lila has received the King County Bar Association’s Outstanding Lawyer of the Year Award, the William O. Douglas Award from the Washington Association of Criminal Defense Lawyers, the Kathleen Taylor Civil Libertarian Award from the ACLU of Washington, the Distinguished Service Award from the Civil Rights Section of the Washington State Bar Association, President’s Awards from both WACDL and the Washington Defender Association, and the Abolitionist of the Year Award from the Washington Coalition to Abolish the Death Penalty.

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.
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.

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download:  $429

Audio Only* Recording & Materials Package – CD or Download:  $429

Order both the Video* and Audio Only* Packages for only $50 more – CD or Download:  $479

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

This program will be recorded live on November 7 & 9, 2023.

*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. 

(Recorded packages are available approximately two to three weeks after the seminar is held.)

CLE Credit

WA General: This program is approved for 5.5 units of General CLE in Washington (Expires 11/07/28)
WA Equity: This program is approved for 1.0 units of Equity CLE credit in Washington (Expires 11/07/28). 

OR General: This program is approved for 5.5 units of General CLE in Oregon (Expires 11/07/26)
OR Access to Justice: This program is approved for 1.0 units of Access to Justice CLE credit in Oregon (Expires 11/07/26)

CA General:  This program is approved for 6.5 units of General CLE in California.

CA Participatory Certified Legal Specialist:   This program is approved for 6.5 hours of Legal Specialization Credit in Appellate Law   (Expires 11/06/2025)

CA Self Study (only) Certified Legal Specialist: This program is approved for 6.5 hours of Legal Specialization Credit in Appellate Law   (Expires 11/06/2028)

NY General: This course is eligible for approval, 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 state 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.