Using Appellate Procedure for Strategic Advantage: Avoiding Fatal Errors

A live 90-minute CLE webinar with interactive Q&A


Thursday, March 19, 2020

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, February 28, 2020

or call 1-800-926-7926

This CLE webinar will offer guidance to any attorney who currently is or might one day be going into an appeal. Because the appellate path is fraught with unfamiliar and potentially fatal pitfalls, becoming and remaining familiar with the vagaries of appellate practice can be the difference between victory and disaster.

Description

While appellate practice may seem similar to trial practice, it is an entirely different environment. Trials are subject to change at the whim of a witness's story or a sudden evidentiary ruling. These uncertainties require a relaxed approach to the process. On appeal, there are no witnesses--there is only the cold record, which does not change. And on appeal, there are rarely any sudden rulings--just the important one at the end.

Just getting from the trial court to the appellate court requires adherence to particular rules governing the timing, content, and sequence of notices. Further, the record must make its way from the trial court to the appellate court without omission, and doing so requires both time and money. Finally, the appealing party may have to address bonding or other steps to halt collection efforts.

Once at the appellate court, the process does not get simpler. Appellate courts have strict rules governing the order, content, and size of briefs. It may seem easy to use the rules as a checklist, but savvy counsel will resist that temptation. Each part of the brief presents a specific opportunity for persuasion; viewing those parts as routine can be a missed chance. Once parties file the briefs, counsel must structure and deliver a winning argument.

Listen as this panel of appellate law veterans dispenses essential wisdom on managing an appeal from start to finish.

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Outline

  1. Time for appeal
    1. Appellant
    2. Cross appellant
  2. Steps for appealing to address at trial court level
    1. Notice of appeal
    2. Transmission of record
    3. Obtaining transcripts
    4. Bonds/stays of execution
  3. Briefing (unless called for elsewhere)
    1. Tables
    2. Jurisdictional statement
    3. Issues
    4. Facts (including record issues)
    5. Argument (including law issues)
  4. Motion practice
  5. Oral argument

Benefits

The panel will review these and other essential appellate practice matters:

  • The technical steps necessary to pursue an appeal
  • The practical work required to convey an appellate record
  • The procedural requirements involved in an appellate brief
  • Strategic guidance on briefing and argument

Faculty

Nelson, Kip
Kip D. Nelson

Partner
Fox Rothschild

Mr. Nelson represents clients in a range of litigation matters, including disputes involving intellectual property,...  |  Read More

Sperl, Andrew
Andrew R. Sperl

Attorney
Duane Morris

Mr. Sperl practices in the areas of appellate litigation, corporate governance and shareholder disputes, and commercial...  |  Read More

Wang, Qian Julie
Qian Julie Wang

Attorney
Robins Kaplan

Ms. Wang is an associate in the New York office of Robins Kaplan LLP. She has briefed and argued over 40 civil cases...  |  Read More

Live Webinar

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Live Webinar

$247

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Live Webinar & Download

$344

Live Webinar & DVD

$344 + $19.45 S&H

Other Formats
— Anytime, Anywhere

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$247

Download

48 hours after event

$247

DVD

10 business days after event

$247 + $19.45 S&H