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July 15, 2022 Appellate Judges Conference

Council of Appellate Lawyers Chair's Column

By Mr. Mark A. Kressel, Los Angeles, CA

The Summer of Programming

Summer provides a great opportunity for CAL to offer programming for our members while they await the annual AJEI Summit. This year, with the increased interest in virtual programming, CAL has plenty to offer.

On June 15, CAL presented the second installment of its “Riding the Circuits” series, this time focusing on the Third Circuit. The panelists included Hon. Michael A. Chagares, Chief Judge of the Third Circuit; Hon. L. Felipe Restrepo, Judge of the Third Circuit; and Ilana H. Eisenberg, the Co-Chair of the Appellate Advocacy Practice at DLA Piper. Karl S. Myers, the Co-Chair of the Appellate Practice Group at Stevens & Lee, moderated the panel. Topics included the Third Circuit-specific best practices for writing appellate briefs, presenting oral argument, filing motions and Fed. R. App. P. 28(j) letters, and mediation. The program is available to watch on-demand.

On June 23, CAL hosted another Virtual Roundtable. The Virtual Roundtables are not webinars in the typical sense but rather virtual gab sessions where attorneys can compare notes, share best practices, and get peer advice on practice issues.

The June Roundtable was “Dealing with a Broken Record: Tips for Navigating Problems with the Trial Record on Appeal.” It was an opportunity to talk about our experiences turning a terrible trial court record into a presentable record on appeal. Issues ranged from dealing with sealed or partially sealed records and records with missing items to documents that have been refiled or “corrected” multiple times and excessive or repetitive records.

On October 5, CAL will present another installment of “Riding the Circuits,” with panelists from the Sixth Circuit. Keep your eyes open for more information on the panelists and topics in the future.

Looking Ahead Towards the AJEI Summit in November 2022

CAL is also working closely with the AJEI to organize what is sure to be another interesting AJEI Summit, to be held November 10–13 at the DoubleTree Resort by Hilton Paradise Valley in Scottsdale, Arizona.

Although it’s still a little early, be sure to check this page for more information as the event approaches.

We have some great programs and activities in the works.

Pro Bono Manual

One of CAL’s biggest initiatives this year is updating CAL’s “Manual on Pro Bono Appeals Programs.” This manual is a great resource for states that are looking to start a pro bono appellate program or to improve on an existing program. This is an “all hands on deck” project, so if you’re interested in getting involved, let us know by contacting Amanda Banninga, [email protected].

Call for Authors!

Call for Authors! Appellate Issues, the premier publication of the ABA’s Council of Appellate Lawyers, welcomes articles for its Summer 2022 edition themed “appellate amicus.” The articles may be as short as 1,500-2,500 words and can cover anything amicus related. For example, authors have signed up to write about the recent SCOTUS rule changes concerning amicus briefs, amicus best practices for clients and the courts, and an interview with a judge discussing what they like to see in amicus briefs. Other topics may include when amicus positions persuade a court to issue a broader ruling than any party sought; the phenomenon of groups of states authoring amicus briefs; amicus practice as a tool for building appellate practice; updating various court rules related to disclosing who is financing amici; writing tips for amicus briefs; an article summarizing a specific case with significant amici presence/impact on the court (including one on which you may have worked). Draft articles will be due in early August. The articles are published on the ABA website, as shown through the link above. For questions, more information, or to sign up, please contact Nancy Olson, Editor of Appellate Issues, at [email protected].

Mr. Mark A. Kressel

2021-2022 Chair, AJC Council of Appellate Lawyers

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