Saturday, October 14, 2017
Total 5.75 Hours of MCLE
Includes 5.75 Hours of Legal Specialization Credit in Appellate Law and 1 Hour Legal Ethics
This inaugural Appellate Summit will update you on the latest developments in appellate practice and will provide invaluable insights from appellate justices, trial judges and appellate experts from across the state. The breakfast keynote will feature a lively presentation from Presiding Justice Arthur Gilbert of the Second District Court of Appeal on brief writing, and the luncheon keynote will feature a not-to-be-missed discussion with California Solicitor General Ed Dumont.
CLE: 1.25 Hours; Legal Specialization in Appellate Law
The dispositional language controls the appellate outcome and all proceedings on remand, but most appellate briefs overlook it. An appellate justice and an appellate court attorney will explain civil and criminal dispositional options and offer sample language. The presentation will equip attorneys to request precise dispositional language that best serves their client in order to maximize wins, control losses, and minimize time and expense in proceedings on remand. Is an unqualified reversal (and a new trial) really best for the client? Or would reversal with directions for limited proceedings on remand be better? Or is it possible to get a reversal directing the final disposition? Or will the court modify and affirm the judgment with no further trial
court hearing on remand? Can the disposition include restitution for losses caused by the erroneous judgment or order? This course will answer these questions and prepare practitioners to ask for what they really want on appeal.
CLE: 1.0 Hour; Legal Specialization in Appellate Law
Appeals can be complicated. Ethical issues surrounding appellate practice can be too. This panel will discuss the most important ethical issues faced by attorneys who handle appeals, including:
CLE: 1.0 Hour; of which 1.0 Hours Applies to Legal Ethics and Legal Specialization in Appellate Law
CLE: 0.5 Hour; Legal Specialization in Appellate Law
Most judgments are not automatically stayed by the filing of an appeal. This panel will cover the most common situations in which an appellant should (or must) seek a stay or post a bond while pursuing an appeal; and discuss for prevailing parties below how to oppose efforts to stay the judgment. The discussion will include thorny issues such as staying injunctive relief and judgments requiring the conveyance of real and personal property. The panel will cover both state and federal procedures.
Jury trial appeals present many challenges. The panel will offer tips on preserving issues post-verdict, reviewing a jury trial record, spotting the best issues for appeal, and finding ways to persuade the court to
reverse on hard-to-win issues. The presentation will cover both civil and criminal jury trial appeals, and address jury instructions, verdict forms, post-trial motions and juror misconduct issues.