1st Annual Advanced Appellate Conference (Civil) (WA)(2016)

What You Will Learn

What’s new in appellate law and technology

• Appellate Electronic Court Records
• WA Appellate Court E-Filing Portal
• RAP Changes – Transcribing and Filing of Transcripts
• Conventional Wisdom: Digital Documents
• Evolving Issue Related to Technology and Electronic Court Records

Brief writing and oral argument strategies 

• Writing for justices who read their briefs on tablets
• Perfecting your sound bites
• Preparing for oral argument in order to have the sound bites

Advanced issues in preserving and presenting the record

• Special problems and solutions in presenting the record
• Court reporter issues
• Designing and presenting the record in cross, multiple and subsequent appeals
• Handling omissions, correcting and augmenting the record
• Using agreed and settled statements

Raising new errors and presenting new evidence on appeal 

• Rule 2.5 – raise constitutional error on appeal
• Rule 9.11 – additional evidence on review

Q & A Roundtable with audience and moderator

• Biggest challenges in an appellate practice

Advanced Settlement on Appeal

• Settling Appeals: Why is it so Hard?
• How to Settle at Various Phases of an Appeal
  o Pre-notice of appeal
  o After the NOA, but before the briefing
  o After the briefing, but before the argument
  o After the argument, but before the decision
  o After COA decision, but before the Supreme Court Petition
  o After the Petition, but before the grant of review
  o After the grant (and after supplemental briefing), but before the argument
  o After argument, but before the decision

Rehearing & Requests to Publish

• Petitions for rehearing
• Requests to publish
• Requests to de-publish

Washington Supreme Court practice 

• Certification of cases from the federal courts to the WA Supreme Court
• Petitions for review
• Merit briefs
• Oral argument differences between the appeals court and supreme court
• Amicus letters and briefs

Testimonials

“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.

“Lots of useful information and top quality speakers.”

“It was a very good CLE. Thank you.”

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.

Hon. Kenneth Grosse (Ret.)
Retired Judge

Hon. C. Kenneth Grosse, now retired, served on Division I of the Washington Court of Appeals from January 1985 to April 2014. For 25 years Judge Grosse served as vice chair of the Judicial Information System Committee, overseeing the operations of the judiciary’s computer-based information system, and chair of the Data Dissemination Committee, developing and administering the judiciary’s policy ensuring public access to judicial information.

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. Leonard J. Feldman, Esq.
Judge
Washington State Court of Appeals, Division I

Judge Leonard J. Feldman was appointed to the Washington Court of Appeals by Governor Jay Inslee in March 2023. Before joining the court, Judge Feldman practiced as a litigation attorney at Heller Ehrman (1992-2008), Stoel Rives (2008-14), and Peterson Wampold Rosato Feldman & Luna (2014-23). As an attorney, Judge Feldman focused on appellate practice before the Ninth Circuit and the Washington appellate courts. He was counsel of record and argued in the United States Supreme Court in City and County of San Francisco v. Sheehan (2015) and County of Los Angeles v. Mendez (2017). From 1991-92, he served as a law clerk to Judge Jerome Farris of the United States Court of Appeals for the Ninth Circuit.

Judge Feldman currently teaches torts at Seattle University School of Law. He was nominated to receive the Outstanding Faculty Award in 2021 and 2023 and is a co-author of Keeton, Sargentich, Keating, Fleming, and Feldman’s Tort and Accident Law (5th ed. 2023). He is also a frequent writer and speaker on topics relating to appellate practice. Among other articles, he has co-authored three articles with Washington Court of Appeals Judge Stephen Dwyer regarding appellate brief writing, oral argument, and discretionary review.

In 2006, Judge Feldman received the Washington State Bar Association’s Pro Bono Award for his work in appeals that raise important civil rights issues. He has also received two Certificates of Appreciation from the Ninth Circuit, one for his work as a District Coordinator for the Ninth Circuit Pro Bono Program and the other for teaching an appellate practice course at the University of Washington School of Law.

Judge Feldman received his undergraduate degree from the University of Washington in 1987. In 1991, he received his law degree from Harvard Law School, where he was twice awarded the Sears Prize (given to the top two students on the basis of grades) and graduated magna cum laude. Judge Feldman and his wife have lived most of their lives in the Seattle area, where they currently reside.

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.

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.

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.

Sidney C. Tribe, Esq.

Carney Badley Spellman, P.S.

Sidney grew up in Spokane and Seattle, and graduated magna cum laude from Willamette University in 1994 with a B.A. in English Literature. At Willamette she was a G. Herbert Smith Scholar and two-time recipient of the Dona Adams Rothwell Award. She received her J.D. from the University of Washington in 2002, where she was Executive Articles Editor of the Washington Law Review and President of the Moot Court Honor Board. She is also a member of the Order of the Barristers.

Sidney was fortunate to serve as a law clerk for the Honorable William Baker at the Washington State Court of Appeals Division I from 2005 to 2007. Before joining Carney Badley Spellman, she was a partner at Talmadge/Fitzpatrick focusing primarily on appellate practice. 

Sidney is a member of the Washington State Bar Association, the King County Bar Association, the Washington Employment Lawyers Association, and Washington Women Lawyers.  She has done pro bono work for the Unemployment Law Project, the King County Bar Association Newcomer’s Project, and the Ninth Circuit Court of Appeals Pro Bono Program.  She has also been a Director at Facing the Future, a nonprofit that helps teachers integrate global issues into their core curriculum.  Sidney’s incredible husband Mick is a geographer/GIS business analyst, and they have two adorable dogs, Tazzy and Jake.

Fees

Audio Course and Materials Package – Download or CD: $425

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

CLE Credit

WA General: This program is approved for 5.5 units of general CLE in Washington through June 2, 2021.
WA Ethics: 1.0 units through June 2, 2021.

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.