FOUR SEASONS AUSTIN. Arrive in Austin a day early to attend the Civil Appellate Practice 101 Course. Topic Highlights: LIVE Austin September 6-7, 2012

Transcription

1 26 th Annual Advanced Civil Appellate Practice Course FOUR SEASONS AUSTIN Arrive in Austin a day early to attend the Civil Appellate Practice 101 Course Topic Highlights: Sanctions on Review Understanding and Applying the Well-Known Too Big Rule of Texas Appellate Jurisdiction Texas Supreme Court Panel Attorney s Fees Appeals Top 10 Legal Malpractice Traps Common Questions Heard and Mistakes Seen by the Supreme Court Clerks U.S. Supreme Court Update MCLE CREDIT 12.5 HOURS (2.5 ETHICS) LIVE Austin September 6-7, 2012 VIDEO Dallas October 11-12, 2012 Course Benefits: Lunch provided on Thursday Evening social sponsored by the Appellate Section (Austin only) Special presentation on preparing for the specialization exam Complimentary wireless internet signal in meeting room Course materials available on a USB drive

2 TexasBarCLE presents the 26th Annual Advanced Civil Appellate Practice Cosponsored by the State Bar of Texas Appellate Section TexasBarCLE Advanced Courses are sponsored by LexisNexis, a division of Reed Elsevier Inc. Register early and save $50! Appellate Section members can save $100! live Austin September 6-7, 2012 Four Seasons Hotel Register by Aug. 23 to save! video Dallas October 11-12, 2012 Cityplace Conference Center Register by Sept. 27 to save! Thursday 6.75 hours including 1 ethics 8:00 Registration Coffee & Pastries Provided 8:50 Welcoming Remarks Course Director Steven K. Hayes, Fort Worth Law Office of Steven K. Hayes 9:00 Sanctions on Review! (Appeals and Mandamus).5 hr ethics Richard R. Orsinger, San Antonio McCurley, Orsinger, McCurley, Nelson & Downing 9:30 What You Don t Know About the Civil Practices & Remedies Code Can and Will Hurt You.42 hr Cynthia Keely Timms, Dallas Locke Lord 9:55 State v. Federal Jury Charges.5 hr Warren W. Harris, Houston 10:25 Break Jeffrey L. Oldham, Houston 10:40 Punitive Damages.42 hr Sandra G. Rodriguez, Austin Vinson & Elkins 11:05 Translating a Jury Verdict into a Judgment.5 hr Anne McGowan Johnson, Dallas Haynes and Boone MCLE CREDIT 12.5 HOURS (2.5 ETHICS) MCLE COURSE NO: Applies to the College of the State Bar of Texas and to the Texas Board of Legal Specialization in Civil Appellate Law, Civil Trial Law, Family Law and Personal Injury Trial Law. 11:35 Winding Down the Trial, Gearing up for the Appeal.42 hr Laurie Ratliff, Austin Ikard Golden Jones 12:00 Break - Lunch Served 12:20 Luncheon Presentation: Appellate Jurisdiction: The Politics and Personalities of Marbury v. Madison.5 hr Chad Baruch, Dallas Assistant Principal, Yavneh Academy of Dallas The Law Office of Chad Baruch 12:50 Break 1:05 Supersedeas.33 hr D. Todd Smith, Austin Smith Law Group 1:25 Official Rules, Unofficial Court Preferences, and In-the-Know Tips for Electronic Records.5 hr Kirsten M. Castaneda, Dallas Locke Lord 1:55 Statutory Construction (A Staff Attorney Correlates Helpful Rules, Statutes, and Cases).33 hr Cameron L. Davis, Fort Worth Staff Attorney, Second Court of Appeals 2:15 Harmless Error Really?.42 hr David E. Keltner, Fort Worth Kelly Hart & Hallman 2:40 Break 2:55 Court of Appeals Panel.75 hr (.25 ethics) Moderator Daryl L. Moore, Houston Daryl L. Moore, P.C. Hon. Gina M. Benavides, Edinburg Justice, Thirteenth Court of Appeals Hon. Sharon McCally, Houston Justice, Fourteenth Court of Appeals 2 Hon. Mary L. Murphy, Dallas Justice, Fifth District Court of Appeals Hon. Rebecca Simmons, San Antonio Justice, Fourth Court of Appeals 3:40 Supreme Court Potpourri.42 hr Pamela Stanton Baron, Austin Attorney at Law 4:05 Supreme Court Panel.75 hr (.25 ethics) Moderator Kurt H. Kuhn, Austin Kurt Hobbs Hon. Nathan L. Hecht, Austin Hon. Paul W. Green, Austin Hon. Philip W. Johnson, Austin 4:50 Adjourn Section Meeting 5:20 Join us for a Reception honoring the Judiciary, sponsored by the Appellate Section (Austin only) Friday 5.75 hours including 1.5 ethics 8:00 Coffee & Pastries Provided 8:25 Announcements 8:30 Attorneys Fees Appeals.42 hr Philip Durst, Austin Deats Durst Owen & Levy 8:55 The Mistakes Lawyers Make, and Why We Keep Making Them (from One Who Made Them in Every Seat in the Texas Courts).33 hr (.25 ethics) Hon. Scott A. Brister, Austin Former Andrews Kurth

3 9:15 Legal Ethics and Malpractice Issues for Appellate Lawyers.5 hr ethics David L. Horan, Dallas Jones Day Randy Johnston, Dallas JohnstontTobey 9:45 Common Questions and Mistakes Seen by the Supreme Court Clerk (including e-briefing, Records, and Conference Requirements).5 hr Blake A. Hawthorne, Austin Clerk, Supreme Court of Texas 10:15 Break 10:30 Texas Supreme Court Update.5 hr Hon. Dale Wainwright, Austin 11:00 A Little R & R: Remand or Render (And Be Careful What You Ask For...).33 hr elizabeth G. Heidi Bloch, Austin Brown McCarroll 11:20 Understanding and Applying the Well Known Too Big Rule of Texas Appellate Jurisdiction (and, the Big Fish They Let Get Away).33 hr (.25 ethics) William J. Chriss, Austin Gravely & Pearson 11:40 Effective Use of Amicus Briefs.42 hr (.25 ethics) Scott Rothenberg, Houston Law Offices of Scott Rothenberg 12:05 Lunch on Your Own OR 12:30 Tips for Preparing for the Specialization Exam (presentation time is 40 minutes; no MCLE credit) Michael S. Truesdale, Austin Law Office of Michael S. Truesdale, PLLC elana S. Einhorn, Austin The University of Texas School of Law 1:25 Logic, Rhetoric and Ethics in Appellate Advocacy (with Applications to City of Keller).5 hr (.25 ethics) Hon. Terry Jennings, Houston Justice, First Court of Appeals Kevin Dubose, Houston Alexander Dubose & Townsend 1:55 Oral Argument - Patterns Seen in a Survey of Judicial Questioning.42 hr Robert M. Randy Roach, Jr., Houston Roach & Newton 2:20 Appellate Review of Issues Related to Expert Witnesses.5 hr Hon. Harvey G. Brown, Jr., Houston Justice, First Court of Appeals 2:50 Fifth Circuit Update.5 hr David S. Coale, Dallas Lynn Tillotson Pinker & Cox 3:20 U.S. Supreme Court Update.5 hr Jonathan S. Franklin, Washington, D.C. Fulbright & Jaworski 3:50 Adjourn Civil Appellate Practice 101 live Austin September 5, 2012 Four Seasons Hotel Wednesday 6 hours including.75 hour ethics 8:00 Registration Coffee & Pastries Provided 8:40 Welcoming Remarks Course Director Steven K. Hayes, Fort Worth Law Office of Steven K. Hayes 8:45 Interlocutory Appeals.5 hr Hon. Sue Walker, Fort Worth Justice, Second Court of Appeals 9:15 Standards of Review.5 hr (.25 ethics) Maitreya Tomlinson, Austin Smith Law Group 9:45 Summary Judgment.5 hr Aaron Streett, Houston Baker Botts 10:15 Break 10:30 Preservation of Error: Pre-Trial and Trial.5 hr Hon. Jane Bland, Houston Justice, First Court of Appeals 11:00 Jury Charge.5 hr Hon. Tracy Christopher, Houston Justice, Fourteenth Court of Appeals 11:30 Bench Trial: Findings of Fact and Conclusions of Law.5 hr Charles T. Frazier, Jr., Dallas Alexander, Dubose & Townsend 12:00 Lunch on Your Own 1:15 Preservation of Error: Post-Trial.5 hr Dabney Bassel, Fort Worth Bassel & Wilcox 1:45 Appellate Jurisdictional Issues.5 hr Matthew B. Ploeger, Austin Vinson & Elkins 2:15 Mandamus.5 hr (.25 ethics) Karen S. Precella, Fort Worth Haynes and Boone 2:45 Break 3:00 Brief Writing.5 hr (.25 ethics) Hon. William J. Boyce, Houston Justice, Fourteenth Court of Appeals 3 3:30 Petition for Review Practice.5 hr Michael A. Heidler, Austin Vinson & Elkins 4:00 Federal and State Appellate Procedure.5 hr Yvonne Y. Ho, Houston o. Rey Rodriguez, Dallas Fulbright & Jaworski 4:30 Tips for Preparing for the Specialization Exam (No MCLE credit) Jeffrey L. Oldham, Houston Brandy M. Wingate, McAllen Smith Law Group 4:45 Adjourn - Specialization Exam Q&A MCLE CREDIT 6 HOURS (.75 ETHICS) MCLE COURSE NO: Applies to the College of the State Bar of Texas and to the Texas Board of Legal Specialization in Civil Appellate Law, Civil Trial Law, Family Law and Personal Injury Trial Law.

4 fyi TexasBarCLE.com Ways to Save on This Course! Meet the Register By Deadline and Save $50 because early registrations help us ensure that sufficient course books, seating, and refreshments are available. Course materials and seating will be reserved for preregistrants until the start of the first topic. Appellate Section Members Can Save $100 by registering no later than the Register by date for that course (thereafter, save $50); see the registration form. Not a member? To join, sections@ texasbar.com or phone , x1425. Please do not send Section membership payment with your registration fee. Earn Discounts by Registering Five or More from your firm or agency. Contact Firm & Group Sales Manager Laura Angle of TexasBarSolutions at or laura.angle@texasbar.com. Active State and Texas-Area Federal Judges and Their Court Staff Attorneys May Attend for Free provided (1) the course is directly related to the judge s tribunal s jurisdiction, (2) the judge is a full-time judge or retired under the Texas Judicial Retirement System and (3) space is available for all paying registrants. This privilege does not extend to receivers, trustees, other court staff, or persons serving part-time in any judicial capacity. NOTE: Actual attendance is required in order to receive course materials. Parking Information is subject to change without notice and is not a guarantee of available space. AUSTIN: Self parking is available at the Four Seasons for $10 daily (no overnight privileges). Valet parking is $14 daily or $32 for overnight guests. DALLAS: Selfparking in the underground Cityplace garage is complimentary by picking up a validation ticket from the State Bar staff onsite. If You Need Special Accommodations to Attend, please contact us as soon as possible at , x1797. For the Cityplace Conference Center in Dallas, please call us at , x1797 in advance of your arrival so that assisted parking can be arranged for drivers of handicapdesignated vehicles. Registered But Can t Attend? Still Earn MCLE Credit and receive course materials by (1) calling , x1574 to transfer your registration to a later presentation or (2) taking the course online later, in which case you ll automatically be sent the course materials; see FREE TO OUR REGISTRANTS!, below. If you wish a refund instead, mail or fax ( ) your request so that we receive it at least one business day before the program. FREE TO OUR REGISTRANTS! Online Videos and MP3s of the Topics, as Well as PDFs of Course Materials, will be available to registrants 6-8 weeks after the course. Provide your address when preregistering to be notified when and how these benefits may be accessed. (Note: Presentation lengths may vary from that which was advertised.) There s no extra charge; as a registrant, you re already entitled! Interested in Sponsoring or Exhibiting at This Course or Others? Contact Kanice Spears at or kanice.spears@texasbar.com. Tweet About This Course! Include hashtag #TBCLEcivapp. Policy of Impartiality The State Bar of Texas does not endorse political candidates. When a candidate for public office is included in promotion for or participates in a TexasBarCLE event, the State Bar is not taking a position for or against anyone s candidacy. 4 Reserve Your Hotel Room by August 4 Hotel rooms have been blocked at special rates on a space available basis. To make a reservation, contact the hotel and indicate that you will be attending this State Bar of Texas course. LIVE Austin Four Seasons Hotel 98 San Jacinto Boulevard Austin, TX (512) $245/night Deadline: August 4 VIDEO Dallas Cityplace Conference Center 2711 N. Haskell Avenue Dallas, TX (214) No hotel rooms have been blocked for this showing Course Director Steven K. Hayes...Fort Worth Planning Committee Douglas W. Alexander... Austin Pamela Stanton Baron... Austin Chad Baruch...Dallas Elizabeth G. Heidi Bloch... Austin Jerry D. Bullard... Grapevine J. Brett Busby...Houston Kirsten M. Castaneda...Dallas David S. Coale... Dallas Hon. Diane V. DeVasto... Tyler Kurt H. Kuhn...Austin Daryl L. Moore... Houston Karen S. Precella... Fort Worth Hon. Sherry J. Radack...Houston Robert M. Randy Roach, Jr....Houston Sandra G. Rodriguez...Austin Scott Rothenberg...Houston D. Todd Smith...Austin Macey Reasoner Stokes...Houston Hon. Sue Walker...Fort Worth TexasBarCLE Planning Team Kandi Botello...Program Planner Jillison Hicks... Program Coordinator Sandra Molina...Program Coordinator Assistant Appellate Section of the State Bar of Texas Scott Rothenberg...Chair Elizabeth G. Heidi Bloch... Chair-Elect Jeffrey S. Levinger...Vice-Chair Cynthia Timms... Treasurer David S. Coale... Immediate Past-Chair State Bar of Texas Bob Black...President Beverly Godbey... Chair of the Board Buck Files... President-Elect Terry Tottenham... Immediate Past President Natalie Cobb Koehler...TYLA President Deborah Bullion...Chair, CLE Committee Allan K. DuBois...Chair, Board PDP Committee Michelle E. Hunter...Executive Director Patrick A. Nester... Director, TexasBarCLE

5 Registration Form W A Y S T O R E G I S T E R Online TexasBarCLE.com credit card only Phone , x1574 during business hours credit card only Fax credit card only Mail State Bar of Texas - CLE LB # P. O. Box Dallas, TX check or credit card Registering five or more? Laura Angle at laura.angle@texasbar.com for group discount information. Appellate Section Members can save up to $100 on the Advanced Course Advanced Civil Appellate Practice Course and Civil Appellate Practice Limited Number of Appellate Section Scholarships Available! The Appellate Section offers a limited number of need-based tuition scholarships. The application deadline is August 1, Details are available at or by contacting Cynthia Timms at ctimms@lockelord.com. 1 Here are my choices: Advanced Civil Appellate Practice Course [5035] q Austin LIVE, September 6-7, $645 Take $50 off: Register by August 23 q Dallas VIDEO, October 11-12, $495 Take $50 off: Register by September 27 2 I want my course materials format to be: q electronic materials (PDFs on a USB drive) q Hardcopy materials (notebook) q BOTH for the Advanced Course so I ll ADD $80 q BOTH for the 101 Course so I ll ADD $45 Your Advanced Course registration includes: Lunch on Thursday Evening social sponsored by the Appellate Section (Austin only) Complimentary wireless internet signal in the meeting room Special presentation on preparing for the specialization exam 3 I m entitled to 1 or 2 discounts on the Advanced Course: q $50 OFF because I m registering by the Register by date at the left. (If by mail, date of postmark will be determinative.) q $50 OFF because I m a member of the State Bar of Texas Appellate Section OR $25 OFF because (choose 1 box only) I m a member of the q State Bar College Classic or Silver Membership q Legal Administrators or Paralegal Division OR q I am licensed 2 years or less Civil Appellate Practice 101 [5036] q Austin LIVE, September 5, $195 (No discounts apply for the 101 course; go directly to #5.) I may attend complimentary because: I am q a qualifying judge or q court staff attorney (see p. 4). q I am a State Bar College Gold Member (Questions? Visit texasbarcollege.com) 4 I can t attend. Just send course materials.* FREE Shipping & Handling Advanced Course...q Book...q USB drive....$155 each 101 Course...q Book...q USB drive...$85 each For information on audio CDs of course topics, contact our DVD CLE service at , x1575. MP3 files of the topics will be downloadable from TexasBarCLE.com 6-8 weeks after the course. 5 My total is $. I am paying by: q Check (enclosed) payable to the State Bar of Texas for $ q Visa q MasterCard q AMEX q Discover PLEASE PRINT LEGIBLY Account No. Exp. Date Name on card (Please print) Signature State Bar Membership No. Registrant Name Firm Name/Court Address for Bar-Related Mail City/State Zip Phone ( ) Fax ( ) A confirmation of your registration will be sent to the address you provide. *PDFs of course materials will be available for purchase 6-8 weeks after the course in the Online Library at TexasBarCLE.com. Registrants receive access to the PDFs at no additional charge (see Free to Our Registrants on p. 4). Plus 8.25% sales tax on total. Please include sales tax or attach an exemption certificate. Book and USB orders are shipped separately and filled 4-6 weeks after the live program. A bill will be sent unless a credit card charge is authorized on this form. QUESTIONS? , x

6 State Bar of Texas P.O. Box Austin, TX Advanced Civil Appellate Practice Course LIVE September 6-7, 2012 Austin VIDEO October 11-12, 2012 Dallas NON PROFIT ORGANIZATION U.S. POSTAGE PAID PERMIT NO AUSTIN, TEXAS Got appeals? Join us. For just $25 a year, you can belong to the State Bar of Texas Appellate Section Reap these benefits of membership: Receive the insightful The Appellate Advocate, a first-rate quarterly publication packed with articles, editorials, and reports designed to help you stay current on trends in Texas appellate courts. Enjoy a $50 discount on tuition for the 2012 Advanced Civil Appellate Practice Course. Access a wealth of information through the Section s website, View each Texas appellate court s local rules and docketing statements, past issues of The Appellate Advocate, and a member directory that trial attorneys who are looking for appellate counsel can use to find you. Receive periodic alerts regarding matters of particular interest and concern to Texas appellate attorneys. Take advantage of the opportunity to participate on committees with sitting appellate judges and experienced appellate attorneys, helping to improve our appellate system of civil justice. 6