Preserving Trial Errors for Appeal (Washington) (Recorded Package)

Audio program! (check our CLE Programs page for live versions)

Whether you are a trial attorney or an appellate attorney, it is critical to know how to properly preserve your record for appeal. Failure to preserve an error correctly can doom an appeal – even when the error is quite clear.

Long-time appellate attorneys Sidney Tribe and Jason Anderson will walk you through the right steps needed to preserve errors and get past the traps and pitfalls that can mean loss of an appeal, no matter how strong a case you may have on the merits. You will learn what an appeal is not about, the best appellate issues, key trial events where error preservation is critical, ways to raise issues that were not in the record and more.

Sidney and Jason have extensive experience handling civil appeals at the state and federal level.

This program will cover Washington law only.


This webinar will be recorded live on April 7, 2020. The recording package, including seminar materials, will be available three-four days after the live program date.* 

* Due to the Covid-19 situation, our normal processing times have been extended to three-four days. We thank you for your patience at this time.

If you’d like a comprehensive all-day appellate seminar (or more than one), you’ll want to see our prior annual Advanced Appellate Conferences 1-4. Links are below:

1st Annual Advanced Appellate Conference (2016)
2nd Annual Advanced Appellate Conference (2017)
3rd Annual Advanced Appellate Conference (2018)
4th Annual Advanced Appellate Conference (2019)


Have you ever thought about improving your public speaking skills? Now is the time! Get Faith Pincus’ book Being Heard: Presentation Skills for Attorneys, from the ABA now (ABA members receive 10%-20% off). Or – you can order a signed paperback from us at a discount here (free shipping). It is also available on Amazon in Kindle and paperback versions.

What You Will Learn

1.      What an Appeal is Not About

2.      Understanding the Best Appellate Issues
  • Clear Legal Errors
  • Material to Your Client’s Position
  • Well Preserved – Researched and Brought to the Court’s Attention
3.      The Appellate Lawyer’s Preservation Triad
  • Is the Issue in the Record?
  • Can I Find It and Comprehend It?
  • Was the Trial Court Sufficiently Apprised so I Can Raise It on Appeal?
4.      Key Trial Events Where Error Preservation is Critical
  • Motions
  • Objections
  • Offers of Proof
  • Jury Instructions/Verdict Forms
  • Orders/Findings and Conclusions

5.      Last Resorts:  Ways to Raise Issues that Are Not Preserved

6.      Appellate Error Preservation Teams
  • Retention
  • Introductions and First Meeting
  • Pretrial, Trial, and Post-Trial Tasks for Appellate Counsel


The following testimonials are from our advanced appellate courses held in Washington, which included some of the same speakers.

About Sidney Tribe:

“Sidney was informative.” – Garth L. Jones, Esq.

“Good discussion.” – Stephen Pidgeon, Esq.

“Very clear – bring this instructor back for more!”

“Great speaker.”

“Very practical and useful information.”

“Concise and helpful information – good tips.”

“Very helpful.”

“Wonderful materials.”


About the appellate conferences:

“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.

“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.

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

“Good job!” – Stephen K. Eugster, Esq.

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

“Good program.” – Garth Jones, Esq.

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

“I loved this seminar and learned a lot.”

“Very helpful CLE. I’m very thankful for the nuts and bolts comments describing what is helpful to judges.”

“Very good appellate CLE.”

“The practice pointers and insights were more than worth the day’s investment.”

“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.”


Jason W. Anderson, Esq.

Carney Badley Spellman, P.S.

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. 

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.


Audio Recording & Materials Package – CD or Download: $169

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

(Audio packages are available approximately three-four days after the seminar is held.*)



CLE Credit

WA: This program is approved for 1.5 units of CLE in Washington through 04/07/2025.

CA: This program is approved for 1.5 units of 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.

$169.00 each

Recording on April 7, 2020.