Attention:

Best Advocacy Practices on Appeal


Level: Intermediate
Runtime: 62 minutes
Recorded Date: October 03, 2018
Click here to share this program

Agenda


  • Engaging the Court
  • Review the Record
  • Research
  • Knowing the Appellate Rules
  • Statement of Issues on Appeal
  • Issues/Standard of Review
  • Statement of Facts
  • Procedural History
  • Summary of Argument
  • Legal Discussion
  • Things to Avoid
  • Oral Argument
Runtime: 1 hour and 2 minutes
Recorded: October 3, 2018


Description

Learn best practices to succeed at appeal from three renowned appellate judges.

Beverly Martin (11th Circuit Court of Appeals); William Fletcher (9th Circuit Court of Appeals); and John Tinder (7th Circuit Court of Appeals, retired) will discuss the most effective (and least effective) ways to (1) preserve the record for appeal, (2) draft appellate briefs, and (3) deliver oral argument.

This program was recorded on October 3rd, 2018.

Provided By

American Bar Association

Panelists

John Daniel Tinder

U.S. Circuit Judge
Seventh Circuit Court of Appeals

John Daniel Tinder is a former Article III federal judge for the United States Court of Appeals for the 7th Circuit. He joined the court in 2007 after being nominated by President George W. Bush. Tinder assumed senior status on February 18, 2015. He had expressed plans to fully retire in February, but according to the Federal Judicial Center, he ultimately retired on October 9, 2015.

Tinder received a B.S. from Indiana University in 1972 and a J.D. degree from Indiana University School of Law in 1975.

Hon. William A. Fletcher

U.S. Circuit Judge
Ninth Circuit Court of Appeals

Fletcher was first nominated to the United States Court of Appeals for the Ninth Circuit by President Bill Clinton on April 25, 1995, to a seat vacated by William Albert Norris. Under Rule XXXI, paragraph six, of the standing rules of the United States Senate, Fletcher's nomination was returned to the president on October 4, 1996. President Clinton resubmitted the nomination on January 7, 1997. The American Bar Association rated Fletcher Unanimously Well Qualified for the nomination.[2] Hearings on Fletcher's nomination were held before the United States Senate Committee on the Judiciary on April 29, 1998, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on May 21, 1998. Fletcher was confirmed on a recorded 57-41 vote of the U.S. Senate on October 8, 1998, and he received his commission the next day.

A native of Philadelphia, Pennsylvania, Fletcher earned his B.A. from Harvard College in 1968, another B.A. from the University of Oxford in 1970, and his J.D. from Yale Law School in 1975.

Hon. Beverly B. Martin

U.S. Circuit Judge
Eleventh Circuit Court of Appeals

Beverly Baldwin Martin is a federal judge on the United States Court of Appeals for the 11th Circuit. Martin was nominated to the court by President Barack Obama in 2009. Prior to her service on the Eleventh Circuit, she was a district judge on the United States District Court for the Northern District of Georgia.

Martin was nominated to the United States District Court for the Northern District of Georgia by President Bill Clinton on March 27, 2000, to a seat vacated by Ernest Tidwell. The American Bar Association rated Martin Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Martin's nomination were held before the Senate Judiciary Committee on May 25, 2000, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on June 15, 2000. Martin was confirmed on a voice vote of the United States Senate on June 16, 2000, and she received her commission on August 3, 2000. She resigned from the district court on February 1, 2010, upon her elevation to the Eleventh Circuit Court of Appeals. She was succeeded in this position by Judge Leigh Martin May.

Martin was nominated to the United States Court of Appeals for the 11th Circuit by President Barack Obama on June 19, 2009, to a seat vacated by Robert Lanier Anderson. In regards to the nomination, President Obama stated: "Judge Greenaway and Judge Martin have distinguished themselves as first-rate jurists with unflagging integrity and evenhandedness. I am grateful for their service to the states of New Jersey and Georgia and look forward to adding their considerable wisdom and experience to the Third and Eleventh Circuit Courts." The American Bar Association rated Martin Unanimously Well Qualified for the nomination. Hearings on Martin's nomination were held before the United States Senate Committee on the Judiciary on July 29, 2009, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on September 10, 2009. Martin was confirmed on a recorded 97-0 vote of the U.S. Senate on January 20, 2010, and she received her commission on January 28, 2010.

Martin earned her B.A. from Stetson University in 1976 and her J.D. from the University of Georgia School of Law in 1981.

L. Rachel Lerman

Partner
Barnes & Thornburg, LLP

Rachel’s appellate counsel frequently begins at trial, where she works with the litigation team to craft jury instructions and to identify, preserve and frame potential issues for appeal. With decades of experience handling appeals, Rachel knows the nuances of appellate law and procedure inside and out. Her involvement gives clients a tactical advantage from the early stages of litigation and through the appeals process, whether she is called on to preserve a victory or reverse an erroneous decision.

Rachel is widely known for her outstanding writing and communication abilities. Charismatic and persuasive, Rachel identifies and articulates the issues and merits in a way that will interest and appeal to the appellate and supreme court judges who will decide the matter.

Whether Rachel is retained to initiate an appeal or defend a trial court victory, she crafts polished, assertive briefs and presents her case with precision and strength. She also works diligently with each client to ensure they understand their chances for success, the procedural hurdles, and how long the process might take. In addition to representing parties, Rachel authors and files amicus curiae briefs in matters relevant to specific client industries with an eye to shaping legal policy.

Rachel also does pro bono work on behalf of refugees and nonprofit organizations. She is a member of the California Academy of Appellate Lawyers and the Los Angeles County Bar Association’s Appellate Courts Committee. She is a director of the National Board of Trial Advocacy, where she heads the committee responsible for creating a nationwide appellate specialist exam. She is vice president of the Louis D. Brandeis Center for Civil and Human Rights and frequently volunteers as a moot court judge in mock trial competitions.

Rachel is a former partner of Akin Gump Strauss Hauer & Feld LLP.

Similar Courses

Card image cap
92 minutes
#MeToo: Empowering Employees and Employers to Address Workplace Sexual Harassment & Violence
Join our expert attorneys as they discuss how employers can work to prevent and eliminate sexual harassment and violence in their workplace, and create an environment in which employees are able to respond to and report incidents without fear of retaliation. Not only is there a deep moral imperative to rectify sexual harassment in the workplace and promote an equitable work environment, but also there is significant monetary liability as a potential consequence for employers who fail to address harassment in the workplace.

American Bar Association

$115

Add to Cart
Card image cap
77 minutes
§ 363 Sale Issues
Dive into Section 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between Sections 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.

American Bankruptcy Institute

$75

Add to Cart
Card image cap
63 minutes
2018 CA Consumer Privacy Act: The Big Tail Wagging the U.S.
In this session, two leading information governance attorneys will share why you need to and how you can be ready.

Legalweek

$65

Add to Cart
Card image cap
59 minutes
2018 Global Discovery: International Compliance in the Cloud
Join us for a session examining legal and regulatory changes in store for 2018 and best practices for compliance in the cloud.

Legalweek

$65

Add to Cart
Next