Do you have the skills to navigate the complex maze of appellate procedures? Can you persuasively argue your case in writing instead of verbally at trial? This essential instruction provides a step-by-step walk-through of appellate procedure with a look at all its nuances, deadlines and requirements. You'll get insider tips and techniques from experienced practitioners on unlocking the door to appellate review through a strategically written brief and the keys to a successful oral argument. Give your clients every opportunity to get a favorable appellate review. Order today!

1. Pre-Appeal Considerations
2. A Step-by-Step Walk Through the Appellate Procedure: Federal vs. State
3. Making an Ethical Appeal
4. Drafting a Winning Appellate Brief
5. May it Please the Court: Oral Argument Techniques That Get Results
6. A View From the Bench: Tips From the Appellate Judge

Continuing Education Credits:   

* denotes specialty credits

• Tactics for Preserving Issues for Appeal
• Is it Appealable?
• The Final Judgment Rule

• Filing the Notice of Appeal
• Perfecting the Record on Appeal
• Motions: Procedure and Pitfalls
• Procedural Rules for Opening and Responsive Briefs
• Advantages and Disadvantages of an Amicus Brief
• Preparing and Submitting Your Appeal
• Variations to Standard Procedure
• Procedural Rules for Oral Argument
• Taking Your Appeal to the Next Level

• Bad Faith Litigation
• Frivolous Appeals
• Competent Representation
• Conflicts of Interest
• Professionalism

• Identifying the Issues That Win on Appeal and Determining Standard of Review
• A Concise Brief: Page Limits and Other Considerations
• Secrets to a Successful Argument: Persuading Without Exaggeration
• Getting the Most Out of Your Table of Contents and Table of Cases
• Statement of the Issues: Framing a Picture, Not a Puzzle
• Writing the Statement of the Facts With Simplicity and Relevance
• Making Footnotes and Authority Citations Work for You
• Variations in Format: Finding the Best Way to Highlight Your Main Points

• To Speak or Not to Speak; That is the Question
• Keys to Preparing for the Hearing
• Effectively Using Your Precious Minutes
• Anticipating Difficult Questions
• Strategies to Survive the Hearing
• Examples of Successful and Unsuccessful Oral Arguments

• Elements of an Outstanding Brief
• A Walk Through the Appellate Hearing
• What Appellate Judges Want Attorneys to Know
• The Top Ten Mistakes You Should Avoid
• Q & A Session

L. HELEN BENNETT is a sole practitioner in Albuquerque, New Mexico, where she practices in the areas of appeals and research and writing. Ms. Bennett frequently speaks to community groups on her areas of practice. She is a member of the American Inns of Court, the State Bar of New Mexico, the 10th Circuit Court of Appeals and the U.S. Supreme Court. Ms. Bennett earned her B.A. degree from Westmont College, her J.D. degree from Northwestern University School of Law in Boston, Massachusetts and her master's degree from the Fuller Seminary.

EMILY A. FRANKE is a partner in the Albuquerque law firm of Butt Thornton & Baehr PC. Her practice is primarily concentrated in appeals, but she also focuses her practice in the areas of mediation and arbitration. Ms. Franke has previously lectured on legal ethics for National Business Institute and for the New Mexico Defense Lawyers Association. She earned her B.A., M.B.A. and J.D. degrees, cum laude, from the University of New Mexico, where she was the recipient of the Moise Award, Legal and Judicial Ethics. Ms. Franke also attended Strauss Institute for Dispute Resolution, "Introductory and Advanced Training." She is a member of the State Bar of New Mexico, Albuquerque Bar Association, New Mexico Medical Review Commission, New Mexico Defense Lawyers Association and the Defense Research Institute.

HON. CYNTHIA A. FRY was elected to the New Mexico Court of Appeals in 2000. She earned her J.D. from the University of New Mexico School of Law. Judge Fry practiced with Civerolo, Hansen & Wolf, P.A. and with Lebeck & Fry, P.A., both Albuquerque law firms. Beginning in 1990, she maintained a solo practice concentrating on appeals and in 1995 she was certified as an appellate specialist. Judge Fry served on the Supreme Court's Appellate Rules Committee and as chair of the New Mexico State Bar Association's Appellate Practice Section. She currently serves on the Court Improvement Project Task Force.

KERRY C. KIERNAN is an attorney with Sutin, Thayer & Browne, APC, where he practices primarily in the areas of appellate law, commercial litigation, Indian gaming, complex civil litigation, class action cases, personal injury, and constitutional law. Mr. Kiernan is a certified specialist in appellate practice, and has served on the New Mexico Bar Appellate Rules Committee. In his litigation practice, he has litigated a variety of cases including wrongful death suits, shareholder disputes, insurance defense matters, and employment lawsuits. Prior to joining the Sutin, Thayer & Browne, APC, Mr. Kiernan was a shareholder at the law firm of Eaves, Bardacke, Baugh, Kierst & Larson. He is a member of the State Bar of New Mexico. Mr. Kiernan is admitted to practice before the U.S. Court of Appeals, 9th Circuit; U.S. District Court, District of Arizona; U.S. Court of Appeals, 10th Circuit; and U.S. District Court, District of New Mexico. He earned his B.A. from the University of New Mexico and his J.D. degree, clinical law honors, from the University of New Mexico.

EDWARD RICCO is the director with Rodey, Dickason, Sloan Akin, & Robb, PA. Mr. Ricco is a New Mexico Board of Legal Specialization certified specialist in appellate practice and a fellow of the American Academy of Appellate Lawyers. He concentrates his practice in appellate law. Mr. Ricco has handled numerous appeals in the state and federal courts in a wide variety of legal areas, including civil rights, constitutional law, antitrust, commercial law, torts, administrative law, intellectual property, workers' compensation and other subjects. His practice also includes complex litigation at the trial court level. In addition, Mr. Ricco practices in health law. He is a member of the New Mexico Supreme Court Committee on Rules of Appellate Procedure, State Bar of New Mexico (Appellate Practice Section and Health Law Section) and American Bar Association (Section of Litigation, Appellate Practice Committee; Council of Appellate Lawyers; Section of Antitrust Law, Health Care Committee; Health Law Section). Mr. Ricco is an adjunct professor of law for the University of New Mexico School of Law. He earned his B.S. degree, magna cum laude, from Stevens Institute of Technology, his M.A. degree from Columbia University and his J.D. degree, magna cum laude, from the University of New Mexico.

NANCY L. SIMMONS has been a licensed New Mexico attorney since 1983. Her experience includes working for both the U.S. District Court for the District of New Mexico and the U.S. Court of Appeals for the 10th Circuit. Ms. Simmons has been in private practice in Albuquerque since 1997, focusing on appeals, civil rights, and general plaintiff litigation. Beginning in 1997, she was one of two attorneys in New Mexico to serve as appointed counsel for New Mexico parents in termination of parental rights appeals; she continues to serve as appointed counsel for parents. Ms. Simmons also serves as appointed counsel in state and federal direct criminal appeals. She has been board certified by the New Mexico Board of Legal Specialization in appellate practice since 2005. In 2010, Ms. Simmons successfully represented appellees in an appeal to the10th Circuit, in McClendon, et al. v. City of Albuquerque, et al., Court of Appeals No. 09-2095.

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