2nd Annual Advanced Appellate Conference (Civil) (WA) (2017)

What You Will Learn

What’s New in Appellate Processes and Technology

• WA Appellate ECMS Project – Today and the Future
• E-Filing in WA Appellate Courts – Registration, GR 30, and the Future
• Transcribing and Filing Transcripts – Court Reporters and Authorized Transcriptionists
• Emergency and Priority Pleadings
• Briefs – The Bookmarked PDF

Motions for Discretionary Review and Petitions for Review

• Examination of the different rules governing MDRs and PFRs
• Consideration of when these procedures are warranted
• Similarities and differences between how the two are framed and argued
• The strategic purposes of each

Oral Argument

Specialized Issues in Brief Writing and Opinions

• Arguing the facts
• Acknowledging the standard of review
• Writing for judges who read their briefs on tablets
• Making the table of contents work for you
• Perfecting your sound bites
• Sweating the details

Amicus Curiae Briefs

Behind the Scenes at the Washington Supreme Court

• Inside the Organization:
  • How are cases assigned
  • Who does what with a case
  • Sua sponte grants of review
• Different approaches to brief writing and oral argument when addressing a court of nine as opposed to three
• Different perspectives of an intermediate and final appellate court
• The role of policy in arguments to a high court

Behind the Scenes at the Court of Appeal

Appellate Ethics

Dealing with Clients and Trial

• Appellate attorney’s role at trial court
• Challenges

Sponsored by:

Testimonials

“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.

“Excellent seminar overall. Great content.” – Christopher Kerley, Esq.

“Good program.” – Garth Jones, Esq.

“This was the best CLE I’ve attended in recent memory. It ticked every box I wanted.” – Sharon Blackford, Esq.

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

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

“My expectations were satisfied/exceeded. I really found this seminar to be enjoyable and useful.” – Tim Higgs, Esq.

“I screen petitioners for review for the Supreme Court and I largely agree with the points made by Phil Talmadge. Judge Gross had very thoughtful answers and useful points.” – Kelly Crabtree, Esq.

“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.”

“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. Anne L. Ellington (Ret.)

JAMS

Judge Anne L. Ellington (Ret.) served on the Washington State Court of Appeals (Division One) from May of 1995 until November of 2012, after almost 11 years on the King County Superior Court. She tried hundreds of cases and authored hundreds of opinions. She has also served as a Pro Tem Justice on the State Supreme Court.

She has been a frequent speaker on topics including trial and appellate practice, employment, tort, and contract law. She was also instrumental in improving access to justice, both as Presiding Judge of the Superior Court and as a member of the Access to Justice. Judge Ellington has a stellar reputation for being an exceptional listener and for her fairness.

Commissioner Mary Neel
Commissioner
Washington Court of Appeals, Division 1

Mary is a Commissioner at the Washington State Court of Appeals, Division 1 in Seattle, WA. Prior to her appointment in 2002, she served as a staff attorney at the court for 17 years and a law clerk for two years for the Late Honorable T. Patrick Corbett. While a law student, she was a law clerk in the Seattle Office of the United States Attorney and a Rule 9 intern at the juvenile division of the Seattle Public Defender. Her law career was preceded by 5 years as a public school teacher. J.D., 1983, Seattle University School of Law; M.Ed., 1973, University of Washington; B.A., 1972, Lewis and Clark College.

Mary lives in Seattle with her husband. She enjoys cooking, gardening, singing, sports, and spending time with friends and her large family.

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.

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.

Richard D. Johnson
Court Administrator / Clerk
Washington State Court of Appeals: Division 1

Richard D. Johnson is the Court Administrator/Clerk of Division I, Court of Appeals. Prior to joining the Washington State Court of Appeals in 1998, Mr. Johnson was the Deputy Court Administrator of Branch Operations and Information Systems for the Los Angeles Municipal Court. Mr. Johnson has a Masters Degree in Public Administration and Certification in Judicial Administration from the University of Southern California. He is also a Fellow of the Institute for Court Management.

Michael B. King, Esq.
Principal
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.

Shelby Frost Lemmel, Esq.

Masters Law Group, PLLC.

Shelby Frost Lemmel has litigated civil appeals for about 15 years. She is a popular presenter for CLE providers, including Pincus, WSBA, KCBA, WA State Courts, and the American Academy of Matrimonial Lawyers.  Shelby and her husband, also an attorney, are enjoying raising their two young children, and serving as volunteers at their schools and extracurricular activities.  Shelby is a member of the WA Appellate Lawyers Association, and recently has been nominated to serve as its President.

James E. Lobsenz, Esq.
Principal
Carney Badley Spellman, P.S.

James E. Lobsenz, a principal, joined the firm in 1989 through the merger of his firm, Wolfe & Lobsenz, P.S., with the Carney firm.

Mr. Lobsenz has an extensive appellate practice in both the state and federal appellate courts. His substantive areas of experience are criminal defense law, civil rights, employment law and evidence.

After clerking for the Honorable Mathew O. Tobriner, Associate Justice of the California Supreme Court, and the Honorable Vincent L. McKusick, Chief Justice of the Supreme Judicial Court of Maine, Mr. Lobsenz came to Seattle and served as a deputy prosecuting attorney in King County for three years. Later he served as a public defender with the Washington Appellate Defender Association before going into private practice in his own firm of Wolfe & Lobsenz.

Mr. Lobsenz is the author of several law review articles, is a recipient of the 1985 United Nations Human Rights Day Award, and is a winner of the ACLU Civil Libertarian Award. He is also an Adjunct Professor of Law at Seattle University, where he teaches courses on the First Amendment and civil rights litigation.

Mr. Lobsenz is the author of the website Seattle Criminal Appeals, where he publishes information on the criminal appeals process and representative cases.

He has been named by Washington Super Lawyers magazine as one of the top attorneys in the state since 2003, and a Top Lawyer by Seattle Magazine for multiple years.

Mr. Lobsenz was recognized by Seattle Metropolitan Magazine as one of King County’s "Top Lawyers 2010." Seattle Metropolitan Magazine culled their list using the Martindale-Hubbell® ratings. He has been awarded an "AV" Preeminent rating by Martindale-Hubbell. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.

Mr. Lobsenz earned his J.D. from UC Berkeley School of Law.

Kenneth W. Masters, Esq.
Founder
Masters Law Group PLLC

Ken Masters celebrates 25 years of litigating civil appeals in 2017. Ken currently is a Trustee of the Washington State Bar Foundation, and recently substantially revised the Brief Writing chapter in the Appellate Practice Deskbook (WSBA 2017). He previously served as Treasurer and Governor for the Washington State Bar, and has chaired and served on numerous committees for various bar associations, as well as dozens of CLEs on appellate practice, writing, and other areas. Ken is honored to have been listed as a "Top 10" Super Lawyer® Honoree in 2017, and to have received a "Lifetime Achievement Award" from America’s Top 100 Attorneys®. He is a Fellow both of the American Bar Foundation and of the American Academy of Appellate Lawyers.

Catherine Wright Smith, Esq.
Shareholder
Smith Goodfriend, PS

Catherine W. Smith is a principal of Smith Goodfriend, P.S., where her practice is limited to civil appeals and appeal-related matters.  Catherine is a founding member and was the first President of the Washington Appellate Lawyers Association, a former President of the American Academy of Appellate Lawyers, co-editor-in-chief of the Washington Appellate Practice Deskbook, and an elected Fellow of the American Law Institute. Catherine received her BS from Oklahoma State University and her law degree from the University of Washington School of Law.  She has handled over 400 appeals in Washington state and federal courts.  Dahlia Lithwick, reporting in Slate magazine on argument in the U.S. Supreme Court of Troxel v. Granville, declared, "She is one of the finest oral advocates I have ever seen." 

John Strait
Emeritus Professor of Law
Seattle University School of Law

John A. Strait, Emeritus Professor of Law and Professional Ethics Counsel, is a graduate of Yale Law School. Professor Strait has served on the Washington Supreme Court’s Judicial Ethics Advisory Committee, the King County Bar Association Campaign Ethics Committee, the WSBA Rules of Professional Conduct Committee, and the board of the Washington Chapter of the American Judicature Society. He serves on the board of the WSBA Criminal Law Section, and has served as a governor’s appointee to the Statute Law Commission. He serves as Adjunct Investigative Counsel to the Washington State Bar Association Office of Legal Discipline. The clinical component of his course in professional responsibility investigated complaints against lawyers for probable cause for the Washington State Bar Association from 1991-2005. The law school received the E. Smythe Gambrell Professionalism Award from the American Bar Association for the clinical component. Professor Strait served as a member and Chair of the Seattle Port Authority Ethics Advisory Commission from its inception until 2009. Professor Strait joined the faculty in 1974. He is the 2017 WACDL William O. Douglas Award recipient for Extraordinary Courage and Dedication to the Practice of Criminal Law. He is a frequent CLE presenter on legal ethics.

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

CD INVENTORY CLOSE OUT SALE! 

SELECT CDS REDUCED – 60-94% OFF* 

Audio Course and Materials Package – Download: $425

Audio Course and Materials Package – CD: $425 $50

CDs: plus $10 shipping and, in CA, sales tax.

CLE Credit

WA General: This program is approved for 5.5 CLE units in Washington through September 14, 2022.

WA Ethics: This program is approved for 1.0 unit of ethics credit in Washington through September 14, 2022.

CA General:  This program is approved for 6.5 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.

Terms and Policies

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.  Conversions to CD require a $8.50 shipping fee, and in CA, 9% sales tax.

Downloads/CDs/DVDs – Refund policy:

Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.