Mira Hashmall will be a panelist at the 9th Annual Advanced Appellate Practice Program (CA) presented by Pincus Professional Education. The program will be held in San Francisco on February 1, 2024, and in Los Angeles on February 9, 2024, from 9:00 a.m. to 4:45 p.m. on both days (and via live streaming). Mira’s panel, including the Hon. Michael J. Raphael of the California 4th District Court of Appeal and Rex S. Heinke of Complex Appellate Litigation Group, will speak on February 9th at 9:05 a.m. at the Los Angeles program on the topic of Advanced Oral Argument Skills.
Designed for intermediate to advanced-level practitioners, this two-part program will delve into essential appellate topics, such as advanced briefing topics, behind the scenes at the 9th Circuit, seeking attorney fees and costs on appeal, AI, and the appellate process, among others.
The program organizer, Pincus Pro Ed, has created a 10% off “Friend of the Speaker” discount for us to pass along. To receive the discount code, please email info@millerbarondess.com. Pincus also provides additional discounts for law firms sending four or more attorneys.
You can attend in person or watch via live streaming for either location/date! To view a detailed agenda, register for the event, or pre-order the recording, visit the Pincus website.
CA MCLE Credit: 6.25 hours of General and Certified Legal Specialist credit in Appellate Law
Agenda:
9:00 a.m. – 10:05 a.m.
Advanced Oral Argument Skills
- What judges are trying to accomplish at oral argument
- How to quickly categorize a question
- How to identify the type of question you are getting so you can answer it strategically
- How to best answer hypothetical questions of different flavors
- How to address policy concerns
- How best to pivot when a judge has you on the ropes
- How to approach Oral Argument when there is a Tentative Opinion or Focus Letter
- How to maximize the few minutes you have without wasting time
- Preparation and Practice Strategies:
- Effectively using moot courts when preparing
- Hybrid Arguments – pros, cons and policy changes
10:05 a.m. – 11:05 a.m.
Advanced Briefing Topics
- Crafting Effective Introductions in Appellate Briefs
- Understand the purpose of an introduction and when to include one
- Learn the keys to a strong and persuasive introduction
- Improving fact statements and argument headings
- Hear practical tips from judges and practitioners
- Effective use of legislative history on appeal
- Effective use of the standard of review
- The limits of judicial notice and additional evidence on appeal
11:05 a.m. – 11:20 a.m.
BREAK
11:20 a.m. – 12:20 p.m.
Behind the Scenes at the 9th Circuit
- Recent and upcoming rule changes
- New case management system (ACMS)
- Extensions policy update
- Remote hearings update
- Latest court statistics
- The court’s screening panel process
- The court’s motions panel process
- Internal processes for court mediations
- How clerks evaluate cases in chambers
- How Judges prepare for oral argument
- Best/worst practices for briefing or argument
12:20 p.m. – 1:20 p.m. Lunch
1:20 p.m. – 2:30 p.m.
Attorney Fees and Costs: Challenging and preserving trial court awards and seeking fees and costs on appeal
- Record keeping to obtain fee award
- Evaluating prevailing party determinations
- The role of experts in determining the amount of fees
- When is an undertaking needed to stay an award of fees or costs during appeal
- Timing fee and cost appeals
- Special considerations in seeking appellate fees and costs
- Appealing Attorney Fee Decisions:
- Pros and cons of appealing fee award
- Relation to merits appeals
- Building a record on the motion
- Standard of review
- Tips on briefing
- Post-appeal considerations
2:30 p.m. – 2:45 p.m.
BREAK
2:45 p.m. – 3:45 p.m.
Statements of Decision: The Ideal and the Reality
- Why you need a statement of decision
- Getting trial lawyers and trial judges to do it right
- Objections to proposed statements of decision
- Handling appeals with defective or missing statements of decision
- Effect of P. v. Monier
3:45 p.m. – 3:55 p.m.
BREAK
3:55 p.m. – 4:45 p.m.
AI and the Appellate Process
- What is generative AI and what is all the fuss about?
- What products are in the marketplace to apply generative AI to law practice?
- What are these current products useful for in appellate practice and how reliable are they?
- What does the future hold for law tech and generative AI?
- Ethical issues associated with the use of AI in appellate practice.