2020 APPELLATE PRACTICE INSTITUTE
Institute
ITEM #:  1030142001   |   EVENT CODE:  288678    |   CREDIT STATUS:  APPROVED
MEMBER PRICE
$295.00
STANDARD PRICE
$345.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

MINNEAPOLIS

Friday, February 28, 2020

8:35 AM - 5:00 PM   |   Check-In:  8:00 AM

Minnesota CLE Conference Center

600 Nicollet Mall # 370

3rd Floor, City Center

Minneapolis, MN 55402

2020 Appellate Practice Institute

The premier event of the year for appellate practitioners!

Don’t miss the 2020 Appellate Practice Institute!
A day of outstanding education and practical, real-world advice, bringing together esteemed Minnesota jurists, top appellate experts, and nationally-recognized speaker and author Professor Timothy P. Terrell on effective appellate advocacy and writing to persuade. It’s the premier event of the year for appellate practitioners! 

Featuring the following:

  • The traditional Opening Messages from the Minnesota Supreme Court and Court of Appeals
  • Writing to Persuade by Professor Terrell, Emory University School of Law
  • The Nuts and Bolts of an Appeal
  • Amicus Curiae and the Art of Befriending the Court
  • Arguing Statutory Interpretation Cases on Appeal
  • Ethics:  It Could Happen to You! Avoiding Malpractice as an Appellate Lawyer
  • An Update on the Minnesota Rules of Appellate Procedure
  • The ever-popular Fireside Chat – with Justice Hudson this year
  • And more!

Plus, all attendees will receive a complimentary copy of the newly updated Summary Guide™ to Minnesota Appellate Procedure, along with lunch and a reception! Mark your calendar and register today!

8:00 – 8:35 a.m.
REGISTRATION & CONTINENTAL BREAKFAST


8:35 – 8:40 a.m.   
Welcome and Introduction
– Timothy J. Droske, MSBA Appellate Practice Section Chair
– Monte A. Mills, Course Chair


8:40 – 9:00 a.m.    
A Message from the Minnesota Supreme Court
– Chief Justice Lorie Skjerven Gildea

…And the Minnesota Court of Appeals
– Chief Judge Edward J. Cleary


9:00 – 11:00 a.m.
Writing to Persuade: Rhetoric and Structure
This session will address the neglected topic of rhetoric, which underlies all efforts to persuade, and connect its lessons to the “macro” level of writing and editing: the structure of effective arguments. Particular emphasis will be given to the introduction of a brief and avoiding ineffective forms of arguing law and facts.
– Professor Timothy P. Terrell


11:00 – 11:15 a.m.
BREAK


11:15 a.m. – 12:15 p.m.
Writing to Persuade (continued)
– Professor Timothy P. Terrell


12:15 – 1:15 p.m.
LUNCH (Bag lunches provided by Minnesota CLE)
Enjoy a complimentary lunch, the company of your colleagues, and a presentation about Rules changes. 

12:30 – 12:50 pm.
Update on the Minnesota Rules of Civil Appellate Procedure
This session will cover changes to the Minnesota Rules of Civil Appellate Procedure.
– Rita Coyle DeMeules, Minnesota Supreme Court Commissioner 


1:15 – 2:15 p.m.
SMALL GROUP SESSIONS

101
Writing to Persuade at the “Micro” Level:  Appreciating and Exploiting Natural Points of Emphasis in Paragraphs and Sentences 

This session will take the lessons of the morning and extend them to the smaller scales within a document, focusing on the flow of information and the psychological quality of “natural emphasis.”
– Professor Timothy P. Terrell

102
The Nuts and Bolts of an Appeal: How to Build a Better Appeal

Every appeal must be assembled in a careful and comprehensive manner to ensure compliance with the rules of appellate procedure and the unwritten rules of protocol and persuasion. Two experienced and effective appellate lawyers will discuss ways to improve the preservation and presentation of your next appeal.
– Christopher W. Bowman & Ashleigh M. Leitch

103
Amicus Curiae and the Art of Befriending the Court

This panel of experts will discuss the ins and outs of the unique friendship between non-parties and a deciding court. Topics will include high level strategy concerns that drive the decision whether to participate in a case, a discussion of what materials are appropriate and helpful, and the nuts and bolts of how to participate as an amicus. Whether you are a litigant looking to obtain amicus support for your case or a non-party considering filing an amicus yourself, this panel will provide insight and valuable experience to improve your case.
– Justice Margaret H. Chutich, Timothy J. Droske, Solicitor General Liz Kramer & Teresa Nelson
– Alethea M. Huyser (moderator)


2:15 – 2:30 p.m.
BREAK


2:30 – 3:30 p.m.
Achieving Fluency in Statutory Interpretation
Appellate judges appreciate thorough, well-reasoned arguments on whether a statute is ambiguous or unambiguous, how ambiguity should be resolved, and which interpretive canons should apply. Learn insights on how appellate advocates can better serve their clients’ interests and help appellate courts fulfill an important judicial function with a better understanding of the process of statutory interpretation.
– Justice David L. Lillehaug, Rachel F. Bond, Professor Kristin E. Hickman & Aaron D. Van Oort
– Judge Matthew E. Johnson (moderator)


3:30 – 4:30 p.m.
It Could Happen to You! – Avoiding Malpractice as an Appellate Lawyer
1.0 ethics credit applied for
Successful legal malpractice claims against appellate counsel are relatively rare, but they do happen. Claims for missed appeal deadlines or other procedural defaults are most common, but claims for faulty advice about whether to appeal, and claims for not adequate briefing or arguing the appeal are not unheard of. All such claims, however, face an enormous hurdle on the “but for” causation element of legal malpractice law – that but for the alleged negligence, the client would have been more successful – here, would have won the appeal, presenting a question of law suitable for summary judgment ruling.
– Timothy Gephart, Charles Lundberg & Kay Nord Hunt 


4:30 – 4:40 p.m.
BREAK


4:40 – 5:00 p.m.
A Fireside Chat with Justice Natalie E. Hudson
Hear reflections on appeals and get to know another member of the Minnesota Supreme Court in a personal and informal setting.
– Justice Natalie E. Hudson
– Elizabeth G. Bentley (moderator)


5:00  p.m.
Join us for the Annual Institute Reception!
Cheers! Catch up with colleagues, friends, and new acquaintances over refreshments and appetizers.

IN-PERSON LIVE PRESENTATION
Friday, February 28, 2020
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

IN-PERSON REPLAYS
There are no replays.

$295 MSBA members / $295 paralegals / $345 standard rate

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 7.0 CLE credits, including 1.0 ethics credit. The maximum number of total credits attendees may claim for this program is 7.0 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 7.0 civil trial specialist credits.

SPONSORED BY:
MEMBER PRICE
$295.00
STANDARD PRICE
$345.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.
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