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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Wednesday, February 26, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.

$297.00
CLE
ALL

This CLE will discuss key appellate and judicial ethics cases from 2024, with a focus on California and Ninth Circuit cases. The webinar will assist appellate lawyers in navigating ethical minefields and balancing zealous advocacy against the duties of competence, diligence, and candor owed to the appellate court, especially when arguing for an extension, modification, or change in the law. The panel will also address counsel's duty not to engage in illegitimate criticism of the trial court or the judiciary.

Faculty

Benjamin G. Shatz
Partner & Certified Appellate Specialist
Manatt Phelps & Phillips LLP

Mr. Shatz Co-Chairs Manatt's Appellate Practice Group. He has briefed hundreds of civil appeals, writs, and petitions to the U.S. Supreme Court, U.S. Courts of Appeals, California Supreme Court, and California Courts of Appeal, covering a multitude of areas of law. He is a frequent lecturer and author, published in California Litigation, California Lawyer, Los Angeles Lawyer, Inside Counsel, The Daily Journal, The Recorder, For the Defense, California Defender, CEB Civil Litigator Reporter, and many other legal publications. 

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Patrice Ruane
Attorney
Manatt Phelps & Phillips LLP

Ms. Ruane is a litigation associate in the Firm’s Los Angeles office. Prior to joining Manatt, she clerked for the Honorable Brian M. Hoffstadt on the California Court of Appeal, Second District.  

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Description

Whether evaluating or pursuing an appeal, a lawyer must fulfill the fundamental duties of competence, diligence, and communication. Each lawyer must be conscious of the unique ethical obligations that arise when representing clients during appeals and what it means to provide effective representation as litigation progresses.

One of the most important tasks is educating a client about the nature of the appellate process, the impact of the standard of review, and the limitations on available relief and acceptable appellate argument. To avoid missteps, the lawyer must be aware of all the non-legal--and especially emotional--considerations affecting the client and the attorney considering an appeal. If the client decides to appeal, then the attorney is required to do so within the bounds of ethical appellate advocacy.

Listen as this experienced panel of renowned appellate practitioners discusses the risks of ethical missteps for appellate lawyers and how to best avoid them.

Outline

  1. Evaluating the appeal
    1. Weighing the merits
      1. Preservation of error
      2. Standard of review
      3. Harmless error
      4. The legal merits
      5. The equitable merits
      6. Relief available on appeal
    2. Calculating the costs
      1. Out-of-pocket costs
      2. Attorney fees
      3. Responsibility for the other party's attorney fees and costs
      4. Delay or loss of the use of funds, including interest
    3. Comparing the merits and the costs
  2. Communicating with and educating the client
  3. Issue selection
    1. Who selects
    2. Ethics of issues selection
    3. Relying on information not in the record
  4. Brief writing
    1. Acknowledging adverse facts and law
    2. Unpublished cases
    3. Timeliness
  5. Oral argument and waiver
  6. Maintaining respect for the court
  7. Duty of candor
    1. Legal issues
    2. Non-legal issues
      1. The client is missing
      2. The client is not indigent
      3. Mootness after appeal

Benefits

The panel will explore these and other compelling questions:

  • How do the ethics rules help define the boundaries of permissible arguments on appeal?
  • What exactly is a frivolous appeal and what options does counsel have if an appeal would be frivolous?
  • What does “civility” really mean in the appellate context?