Candor to the Court: Appellate Ethics in 30 Minutes
Duties of candor and disclosure specific to appellate practice, including citation to unfavorable authority and developments after briefing closes.
Part 1 — Rule 3.3 and adverse controlling authority
15 minPart 2 — Misstatements of the record and post-briefing developments
15 minLearning objectives
- State the duty of candor as it applies to appellate briefing
- Apply the rule on adverse authority to real briefing decisions
- Handle post-briefing developments that affect a pending appeal
Presented by Thomas Ogden, Esq., Certified Specialist in Appellate Law, State Bar of California. Self-study activity, Law Offices of Thomas Ogden, MCLE provider no. 19437.
About the presenter
Thomas Ogden is a Certified Specialist in Appellate Law and in Taxation Law, certified by the State Bar of California Board of Legal Specialization, with more than 22 years in practice. His appellate practice is briefing and argument in civil and white-collar criminal appeals and writ proceedings before the California Courts of Appeal, the California Supreme Court, and the Ninth Circuit, with particular attention to the questions these activities cover: standards of review, preservation of error, appealability, and the record. Much of his work comes by referral from trial counsel who bring in appellate counsel at the post-trial stage, when the record is being settled and the issues framed. He served as a Tax Law Advisory Commissioner to the State Bar of California's Board of Legal Specialization. He is also a solicitor (currently non-practising) in England and Wales and in Ireland.
Practice sites: appellate practice · tax controversy practice · Email: thomas@ogden.law
Credit opens when both parts are posted
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