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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 Work.” 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 firstname.lastname@example.org 206 607-4114 Kenneth S. Kagan email@example.com 206 622-8020 Michael B. King firstname.lastname@example.org 206 622-8020 James E. Lobsenz email@example.com 206 607-4121 Gregory M. Miller firstname.lastname@example.org 206 607-4176 www.CARNEYLAW.com 2011 www.carneylaw.com || 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 www.waappellatelaw.com 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. www.CARNEYLAW.com Attorney Bio 2011 www.carneylaw.com || Page 3 JASON W. ANDERSON Principal 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 www.waappellatelaw.com. 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: email@example.com (BA, 1997). 2011 www.carneylaw.com || Attorney Bio 2011 www.carneylaw.com || Page 4 KENNETH S. KAGAN Principal 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 Email: firstname.lastname@example.org 2011 ww.carneylaw.com || Attorney Bio 2011 www.carneylaw.com || Page 5 MICHAEL B. KING Principal 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 group. 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 Email: email@example.com 2011 www.carneylaw.com || 2011 www.carneylaw.com || Page 6 Attorney Bio JAMES E. LOBSENZ Principal James E. Lobsenz, a principal, joined the firm in 1989 through the merger of his firm, Wolfe & Lobsenz, P.S., with the Carney firm. 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 Email: firstname.lastname@example.org 2011 www.carneylaw.com || Attorney Bio 2011 carneylaw.com || Page 7 GREGORY M. MILLER Principal 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 Email: email@example.com 2011 www.carneylaw.com || 2011 www.CarneyLaw.com || Page 8 Other Firm Services Business 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. Construction 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 advice. 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. www.CARNEYLAW.com