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Appellate Advocacy Brochure indd


									Estate Planning and Probate

                                                                                                   Seattle Office
                                                                                                   701 Fifth Avenue, Suite 3600
                                                                                                   Seattle, Washington 98104
                                                                                                   Tel: (206) 622-8020

Committed to exceptional client service and professional excellence, the lawyers of Carney Badley Spellman, P.S. strive to provide
the best legal counsel to our clients. The diverse backgrounds of our attorneys provide our clients with a team of experienced legal
counselors, skilled at developing effective and efficient solutions to a wide variety of legal issues in a multitude of industries and settings.
With a focus on the Pacific Northwest, we serve individuals and businesses of all types and sizes, from closely-held companies to Fortune
500 corporations.
Peers and industry press recognize Carney Badley Spellman lawyers as among the “Best Lawyers in America,” “Super Lawyers” and “Top
Attorneys” in a variety of lists and publications. Carney Badley Spellman is also recognized as one of “Puget Sound’s Best Places to

Appellate Advocacy
Carney Badley Spellman’s Appellate Advocacy attorneys have more than seventy-five years of combined experience arguing appeals in the
state and federal appeals courts. They have won groundbreaking victories in the Washington Supreme Court and the United States Court
of Appeals for the Ninth Circuit. Victories for our clients have been earned in the Pacific Northwest, and from Alaska to Florida.

                                             Directory of Appellate Advocacy Attorneys
                             Jason W. Anderson                    206 607-4114
                             Kenneth S. Kagan                        206 622-8020
                             Michael B. King                          206 622-8020
                             James E. Lobsenz                      206 607-4121
                             Gregory M. Miller                      206 607-4176

2011 || Page 2
                                   Appellate Advocacy
                                   Our Experience
                                   The principal attorneys in Carney Badley Spellman’s Appellate Advocacy Group have more than seventy-five years
                                   combined experience arguing appeals in the state and federal appeals courts. Our attorneys have won groundbreaking
                                   victories in the Washington Supreme Court and the United States Court of Appeals for the Ninth Circuit. We are
                                   familiar with the judges, the internal procedures and the personalities of these courts. We apply this in-depth experience
                                   earned in the Pacific Northwest to win victories for clients in state and federal courts from Alaska to Florida, and from
                                   California to New York.

                                   Knowledge of Diverse Area of the Law
                                   Carney Badley Spellman attorneys have experience handling complex appeals in many different areas of the law, including
                                   constitutional law, labor and employment, insurance, products liability, personal injury, wrongful death, real property,
                                   contracts, taxation, consumer protection, civil rights, defamation, family law, wills and trusts, criminal law, professional
                                   negligence, professional discipline and disbarment, education, administrative proceedings, civil and criminal contempt,
                                   evidence, civil procedure, discovery sanctions, class actions and many other subjects.

                                   Post Trial Appellate Stages
                                   When a case enters the post-trial and appellate stages, significant changes occur that may cause a client to consider
                                   employing a new attorney to handle an appeal. Representation at the next level with attorneys who understand and
                                   are experienced at appellate litigation can be vital to the outcome of a case. Even if a party’s trial attorney is also an
                                   experienced appellate attorney, it is often a good idea to get a new attorney in order to get a fresh view of the case. A new
                                   attorney may well see issues that the trial attorney did not.

                                   While the predominant skills required of a trial attorney are the ability to examine and cross-examine witnesses and to
                                   make persuasive arguments to a jury, the skills of an appellate attorney are quite different. A good appellate attorney
                                   is a skilled brief writer who knows how to condense a lengthy trial with hundreds or thousands of pages of transcript
                                   into a written brief that generally may not exceed fifty pages. Arguments that might be expected to persuade a jury
                                   have no place in the context of an appeal. In general, arguments regarding factual matters and credibility issues are no
                                   longer fruitful. Rather, the focus shifts to highly legal arguments regarding the rulings made by the trial judge, the jury
                                   instructions and other questions of law.

                                   Consulting an appellate attorney before or during a trial may be advantageous if an appeal can be anticipated. An
                                   appellate advocate can help preserve errors so that an appellate court will be able to review them. If issues have not
                                   properly been preserved, appellate attorneys can help prepare post-trial motions for the trial court. These motions may
                                   either be successful in themselves or may at least insure that the issues are preserved for appellate court consideration.

                                   Appellate Advocacy Blog
                                   An appellate law blog is written by Jason W. Anderson, an appellate lawyer and principal at
                                   Carney Badley Spellman, P.S., in Seattle, Washington.

                                   Representative Cases
                                   For a detailed list of appellate representative cases, please see enclosed.

Attorney Bio

                                                                                                                   2011 || Page 3

 Jason W. Anderson, a principal, devotes the majority of his practice
 to civil appeals, which he has handled in all levels of Washington’s
 appellate courts and the United States Court of Appeals for the
 Ninth Circuit. Jason’s appellate experience includes dozens of
 cases in various fields, including personal injury, products liability,
 insurance, health care, employee benefits, commercial disputes,
 dissolution/divorce, and more. Jason came to practice after more
 than two years as a clerk for judges at the Washington State Court
 of Appeals, where he analyzed more than 100 appeals.

 Mr. Anderson authors an appellate blog

 Besides appeals, Jason remains active in personal injury, insurance
 bad faith, class action, and insurance regulation matters at the trial
 court level. He has first-chair jury trial and arbitration experience.
 He has represented individuals, businesses, and life, health,
 property and casualty and other insurers in bad faith litigation and
 class actions, including cases brought under consumer protection
 laws. He also represents insurance carriers and producers in
 administrative proceedings before the Office of the Insurance
 Commissioner of the State of Washington, addressing matters
 including license revocation, approval of transactions, market
 conduct, and financial condition and reserves.

 Professional Associations                                Admitted to Practice
 Washington State Bar Association; Appellate Law          Washington State, U.S. District Court - Western
 Section, King County Bar Association; Judicial           District of Washington, U.S. Court of Appeals-Ninth
 Screening Committee, King County Bar Association;        Circuit.
 Washington Defense Trial Lawyers Association;
 Northwest Insurance Coverage Association.

 Education                                                Contact Info
 Seattle University School of Law (JD, magna cum          Phone: 206 622-8020
 laude, 2000); Seattle University, Matteo Ricci College   Email:
 (BA, 1997).

                                                                                       2011 ||
                                   Attorney Bio
2011 || Page 4

                                    KENNETH S. KAGAN

                                    Kenneth S. Kagan, a principal, joined the firm in the
                                    spring of 1999. Mr. Kagan has extensive trial and appellate
                                    practice experience in both the public and private sectors
                                    and in state and federal trial and appellate courts, as well as
                                    before state administrative agencies. His substantive areas
                                    of experience, both in his trial and appellate practice, are
                                    professional licensing and discipline, criminal law, legal ethics
                                    and professional responsibility, health care law, complex civil
                                    litigation (including medical malpractice, wrongful death,
                                    and construction) and administrative procedure. He has been
                                    responsible for a number of published appellate court decisions,
                                    including the 1988 decision of the Washington State Supreme
                                    Court in City of Seattle v. Mesiani, wherein the Court ruled
                                    that DUI roadblocks are unconstitutional.

                                    After graduating from law school in 1982, Mr. Kagan spent
                                    the next twelve years practicing exclusively criminal defense at
                                    the trial and appellate levels in both state and federal courts,
                                    and frequently served as a judge pro tempore in various trial
                                    courts. In 1994 and 1995, he served as Disciplinary Counsel
                                    to the Washington State Bar Association. Since 1996, Mr.
                                    Kagan expanded the scope of his practice and expertise to the
                                    substantive areas noted above.

                                    Professional Associations                                Admitted to Practice
                                    King County Bar Association; Washington Association      State of Washington, State of New York, District of
                                    of Criminal Defense Lawyers; Washington State Bar        Columbia, U.S. Supreme Court, U.S. District Court,
                                    Association; American Health Lawyers Association.        Western District of Washington, U.S. Court of Appeals,
                                                                                             Second Circuit, U.S. Court of Appeals, Ninth Circuit,
                                    Education                                                U.S. Court of Appeals for the Armed Forces, Army Court
                                    University of Puget Sound School of Law (JD, 1982);      of Criminal Appeals.
                                    University of Kentucky (BA, Political Science, 1978).

                                                                                             Contact Info
                                                                                             Phone: 206 622-8020

                                                                                                                       2011 ||
Attorney Bio

                                                                                                                          2011 || Page 5

  Michael B. King, a principal, came to the firm in 2008
  with Greg Miller to join Jim Lobsenz, Ken Kagan
  and Jason Anderson in forming the firm’s uniquely
  experienced appellate group. Mr. King has focused
  exclusively on appellate litigation for over twenty
  years, and his practice is national in scope. He has
  represented clients before the Alaska, California, Illinois,
  Mississippi, Tennessee and Washington Supreme
  Courts, the Second, Ninth and Eleventh Circuits,
  and the United States Supreme Court, as well as all
  divisions of the Washington Court of Appeals and he
  has presented over 100 arguments to full merits panels.
  He is a former partner in the firm of Lane Powell, where
  for ten years he co-chaired the firm’s appellate practice

  Honors and Recognitions                                      Education
  Mr. King is a Fellow of the American Academy of              University of Washington School of Law (JD,
  Appellate Lawyers. He has been named by Washington           high honors); Harvard University (BA, cum laude,
  Super Lawyers magazine as one of the top attorneys in        government).
  the state in the area of appellate law every year since
  2001 and one of the top 100 attorneys in the state           Admitted to Practice
  every year since 2009. He has been selected by Best          Washington State, U.S. Supreme Court, U.S. District
  Lawyers in America as one of the best appellate lawyers in   Court - Western District of Washington, U.S. District
  Washington State every year since the inaugural listing in   Court - Eastern District of Washington; U.S. Court of
  2007. Mr. King was recognized by Seattle Metropolitan        Appeals - Second, Ninth and Eleventh Circuit.
  Magazine as one of King County’s “Top Lawyers 2010.”
  Seattle Metropolitan Magazine culls their list using the     Contact Info
  Martindale-Hubbell® ratings. He has been awarded an
  “AV” Preeminent rating by Martindale-Hubbell®.               Phone: 206 622-8020

                                                                                              2011 ||
2011 || Page 6
                                   Attorney Bio

                                     JAMES E. LOBSENZ

                                     James E. Lobsenz, a principal, joined the firm in 1989 through
                                     the merger of his firm, Wolfe & Lobsenz, P.S., with the Carney

                                     Mr. Lobsenz has an extensive appellate practice in both the state
                                     and federal appellate courts. His substantive areas of experience
                                     are constitutional law, freedom of speech, police misconduct, civil
                                     rights, criminal defense law, employment law and evidence.

                                     After clerking for the Honorable Mathew O. Tobriner, Associate
                                     Justice of the California Supreme Court, and the Honorable
                                     Vincent L. McKusick, Chief Justice of the Supreme Judicial
                                     Court of Maine, Mr. Lobsenz came to Seattle and served as a
                                     deputy prosecuting attorney in King County for three years. Later
                                     he served as a public defender before going into private practice.

                                     Mr. Lobsenz is the author of several law review articles, and he
                                     is an Adjunct Professor of Law at Seattle University, where he
                                     teaches courses on constitutional law, the First Amendment and
                                     civil rights litigation.

                                     Mr. Lobsenz is the author of the website Seattle Criminal
                                     Appeals, where he publishes information on the criminal appeals
                                     process and representative cases.

                                     Honors and Recognitions                                        Education
                                     Mr. Lobsenz received the William O. Douglas Award              UC Berkeley School of Law (JD, 1976); Stanford
                                     from the Washington Association of Criminal Defense            University (MA, 1975); Stanford University (BA,
                                     Lawyers (2009). He also has received the 2010                  political science, 1974).
                                     Community Leadership Award from Washington’s GLBT
                                     Bar Association; the 1991 Civil Libertarian Award from         Admitted to Practice
                                     the Washington ACLU; and the 1985 Human Rights                 Washington State, U.S. Supreme Court, U.S. District
                                     Day Award from the Seattle Chapter of the United               Court - Western District of Washington, U.S. Court
                                     Nations Association. He has been named by Washington           of Appeals - Ninth Circuit, U.S. Court of Claims, U.S.
                                     Super Lawyers magazine as one of the top attorneys in the      Court of Appeals for the Armed Forces, Army Court of
                                     state for the last twelve years, and a Top Lawyer by Seattle   Criminal Appeals.
                                     Magazine for multiple years. Mr. Lobsenz was recognized
                                     by Seattle Metropolitan Magazine as one of King County’s       Contact Info
                                     “Top Lawyers 2010.”
                                                                                                    Phone: 206 607-4121

                                                                                                                               2011 ||
Attorney Bio

                                                                                                                      2011 || Page 7

 Gregory M. Miller, a principal, came to the firm in 2008 with
 Mike King to join Jim Lobsenz and Ken Kagan in forming
 the firm’s uniquely experienced Appellate Group. Mr. Miller
 has argued more than sixty cases on the merits before the
 Washington appellate courts and the Ninth Circuit in civil,
 family, constitutional and criminal law. He is a founding
 member of the Washington Appellate Lawyers Association, and
 chaired the WALA Appellate Judges CJE presentations in 2003
 and 2006 and the KCBA Appellate Practice Section in 2006-07.

 Mr. Miller clerked for Judge C. Kenneth Grosse at the
 Washington Court of Appeals from January 1985 to
 August 1986, then worked in private practice before and
 after serving as staff counsel to the Senate Health and Long
 Term Care Committee for the 1990 legislative session. For
 ten years beginning in 1996, he operated his own firm and
 fully developed his appellate practice. His twenty-four years
 of practice give him deep experience in health law, general
 litigation, municipal law, and labor and employment law and
 negotiations. He has represented physicians, lawyers, business
 owners, employees, house cleaners, parents, students, school
 districts, cities and towns, including as a city prosecutor,
 prisoners, companies, management and labor.

  Honors and Recognitions                                  Education
  Mr. Miller was recognized by Seattle Metropolitan        Northeastern University School of Law (JD, 1984);
  Magazine as one of King County’s “Top Lawyers            Harvard University (BA, 1976).
  2010.” Seattle Metropolitan Magazine culled their list
  using the Martindale-Hubbell® ratings. Mr. Miller        Admitted to Practice
  has been awarded an “AV” Preeminent rating by            Washington State, U.S. Supreme Court, U.S. District
  Martindale-Hubbell®. This rating is given to attorneys   Court - Western District of Washington, U.S. Circuit
  who demonstrate the highest ethical standards and        Court of Appeals - Ninth Circuit.
  professional ability.
                                                           Contact Info
                                                           Phone: 206 607-4176

                                                                                          2011 ||
2011 || Page 8   Other Firm Services
                                   Carney Badley Spellman has an extensive Business Group that focuses on closely-held middle-market
                                   businesses and emerging businesses. We are committed to providing our clients with practical, cost-
                                   effective advice designed to add value to their businesses. We can assist you in developing strategies to
                                   minimize your risk in this ever-changing economy and help you to align your corporate and business
                                   goals. We offer you advice and counseling regarding daily operations including corporate governance
                                   and compliance, commercial contracts, employment law, finance, mergers and acquisitions, tax and
                                   estate planning. We act as general counsel and advise management, directors and owners about the full
                                   range of legal and regulatory issues facing them in their industries. In addition, we offer management,
                                   financial and strategic planning advice to emerging companies. We regularly assist in pre-IPO
                                   planning, executive compensation and option plan issues.

                                   Our Construction Practice Group represents all segments of the construction industry, including
                                   public and private owners, developers, general contractors, subcontractors, suppliers, design
                                   professionals, shipyards and insurance carriers. We work with our clients regarding land use
                                   development, property acquisition and permitting for development. We further work with our clients
                                   in drafting and negotiating construction contracts, subcontracts and purchase orders. We handle all
                                   types of disputes, including claims for additional compensation, defective construction, bid protests,
                                   errors and omissions claims, best value procurements, lien and bond claims and insurance coverage.
                                   We have experience with pile driving projects and heavy civil construction for infrastructure projects
                                   such as tunnels and bridges. In the event of a dispute, Carney Badley Spellman has significant
                                   experience successfully resolving the matters in mediation, arbitration and trial.

                                   Government Affairs
                                   Carney Badley Spellman’s Lobbying Group has extensive experience in several industries,
                                   including construction, engineering and architectural services, insurance, banking, health care,
                                   telecommunications and technology and transportation. News articles in The Olympian, the Seattle
                                   Weekly, and the Spokesman-Review have described our lobbying practice as “top-tier” and “high-
                                   powered,” and have recognized Carney Badley Spellman as the state’s “mega-lobbying firm”. Our
                                   clients receive first-class representation, advice and access to key decision makers on a variety of
                                   public policy issues. In addition to guiding each client through the legislative and regulatory process,
                                   we provide a range of other services as part of the management and development of a successful
                                   government affairs program. These services include public disclosure consulting, political action
                                   committee management, media relations, managing ballot measure campaigns and legal research and

                                   Real Estate
                                   Carney Badley Spellman’s Real Estate Practice Group can assist you with all facets of real estate
                                   development and ownership including sales and acquisitions, loan structuring, capital formation
                                   and planning, workouts, commercial leasing, property management, land use, construction and
                                   development issues and even litigation if necessary. In addition, we have experience with bankruptcy,
                                   receivership and distressed properties, condemnation and unlawful detainers. We represent
                                   purchasers, sellers, developers, owners, landlords, tenants and lenders. We always seek to provide
                                   pragmatic counsel and efficient service to assist you with your project. Carney Badley Spellman also
                                   has attorneys that are LEED certified professionals. Our attorneys practicing in the areas of real
                                   estate, construction and land use are able to assist our clients in achieving their green building goals.


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