Co-sponsored by FACULTY Minnesota Continuing Legal Education MINNESOTA’S and the MSBA Appellate Practice Section PREMIER MONTE A. MILLS TIMOTHY J. DROSKE LIZ KRAMER P A I D APPELLATE COURSE CHAIR Dorsey & Whitney LLP Minnesota Solicitor General Postage U.S. Nonprofit Org. Greene Espel PLLP Minneapolis Office of the Minnesota Education Legal CONFERENCE Minneapolis Attorney General Saint Paul Minnesota Continuing TIMOTHY GEPHART University of Minnesota Law School ASHLEIGH M. LEITCH ELIZABETH G. BENTLEY Minneapolis Best & Flanagan LLP Jones Day Minneapolis Minneapolis HONORABLE LORIE SKJERVEN GILDEA HONORABLE The 14th Annual RACHEL F. BOND Minnesota Supreme Court DAVID L. LILLEHAUG Office of the Minnesota Saint Paul Minnesota Supreme Court Appellate Public Defender Saint Paul Saint Paul KRISTIN E. HICKMAN University of Minnesota CHARLES LUNDBERG CHRISTOPHER W. BOWMAN Law School Lundberg Legal Ethics PA Madigan, Dahl & Harlan, P.A. Minneapolis Saint Paul Minneapolis APPELLATE HONORABLE TERESA NELSON HONORABLE NATALIE E. HUDSON American Civil Liberties Union MARGARET H. CHUTICH Minnesota Supreme Court of Minnesota Minnesota Supreme Court Saint Paul Minneapolis Saint Paul ALETHEA M. HUYSER KAY NORD HUNT HONORABLE PRACTICE Fredrikson & Byron, P.A. Lommen Abdo, P.A. EDWARD J. CLEARY Minneapolis Minneapolis Minnesota Court of Appeals Saint Paul HONORABLE TIMOTHY P. TERRELL MATTHEW E. JOHNSON Emory University School of Law RITA COYLE DEMEULES Minnesota Court of Appeals Atlanta, Georgia Commissioner INSTITUTE Saint Paul Minnesota Supreme Court Saint Paul AARON D. VAN OORT Faegre Baker Daniels LLP Minneapolis February 28, 2020 | Minnesota CLE Conference Center | Minneapolis A Special Thank You to the Institute Planning Committee members for their contribution of time, ideas, expertise, and insights: Monte A. Mills, Chair, Christopher W. Bowman, Timothy J. Droske, Erica A. Holzer, Alethea M. Huyser, Thomas J. Radio, and Jenna Yauch-Erickson. Minnesota Continuing Education Legal MN 55114 W #160-S, SAINT PAUL 2550 UNIVERSITY AVE – PLEASE EXPEDITE! MATERIAL DATED RECYCLABLE SPECIAL Minnesota Supreme Court View information on your mobile device or online register JUDICIAL APPEARANCES • Chief Justice Lorie Skjerven Gildea • Associate Justice David L. Lillehaug FREE THANKS for all registrants! to our Institute sponsors! • Associate Justice Natalie E. Hudson • Associate Justice Margaret H. Chutich The Summary Guide™ to Minnesota Appellate Minnesota Court of Appeals Procedure • Chief Judge Edward J. Cleary All attendees will receive • Judge Matthew E. Johnson a complimentary copy PREMIER of this terrific resource APPELLATE MINNESOTA’S MINNESOTA’S CONFERENCE prepared by David F. Herr, Eric J. Magnuson, and Honorable Diane B. NEWLY Professor Timothy P. Terrell of Emory Bratvold. UPDATED! SPECIAL Law School, the leading presenter of Additional copies legal writing programs nationally and may be purchased at INSTITUTE internationally, will present “Writing the Institute for the PRESENTATION to Persuade: Rhetoric and Structure.” special price of only $16 each Learn proven techniques to be a more (regularly $20). persuasive advocate! The 14th Annual APPELLATE PRACTICE February 28, 2020 Friday, INSTITUTE Minneapolis Register at www.minncle.org or COURSE call 651-227-8266 or 800-759-8840 INFORMATION Real-world practical advice from To pay by credit card, register online or by phone. DATE & LOCATION The 14th Annual esteemed Minnesota jurists and top appellate experts Friday, February 28, 2020 Minnesota CLE Conference Center 600 Nicollet Mall, Suite 370 Third Floor City Center APPELLATE Minneapolis 8:00 – 8:35 a.m. 1:15 – 2:15 p.m. 3:30 – 4:30 p.m. REGISTRATION & CONTINENTAL BREAKFAST It Could Happen to You! – Avoiding PRACTICE SMALL GROUP SESSIONS Malpractice as an Appellate Lawyer CREDITS 1.0 ethics credit applied for Minnesota CLE is applying to the Minnesota INSTITUTE 101 State Board of CLE for 7.0 CLE credits, 8:35 – 8:40 a.m. Successful legal malpractice claims against appellate counsel including 1.0 ethics credit. The maximum Friday, February 28, 2020 are relatively rare, but they do happen. Claims for missed Welcome and Introduction Writing to Persuade at the “Micro” Level: number of total credits attendees may claim Minnesota CLE Conference Center, Minneapolis Appreciating and Exploiting Natural Points appeal deadlines or other procedural defaults are most is 7.0 credits. – Timothy J. Droske, MSBA Appellate Practice Section Chair common, but claims for faulty advice about whether to appeal, – Monte A. Mills, Course Chair of Emphasis in Paragraphs and Sentences and claims for not adequate briefing or arguing the appeal are Minnesota CLE also is applying to the This session will take the lessons of the morning and extend not unheard of. All such claims, however, face an enormous Minnesota State Bar Association for 7.0 civil trial specialist credits. PLEASE “” APPROPRIATE BOX BELOW: them to the smaller scales within a document, focusing on the hurdle on the “but for” causation element of legal malpractice flow of information and the psychological quality of “natural law – that but for the alleged negligence, the client would $295 MSBA member 8:40 – 9:00 a.m. emphasis.” have been more successful – here, would have won the A Message from the Minnesota Supreme Court – Professor Timothy P. Terrell appeal, presenting a question of law suitable for summary SCHOLARSHIPS AVAILABLE $295 paralegal judgment ruling. Minnesota CLE maintains a scholarship – Chief Justice Lorie Skjerven Gildea program for those with a financial need. $345 standard – Timothy Gephart, Charles Lundberg & Kay Nord Hunt 102 Contact Grant at [email protected] …And the Minnesota Court of Appeals or 651-254-2111 for details or to obtain an The Nuts and Bolts of an Appeal: application. – Chief Judge Edward J. Cleary How to Build a Better Appeal NEW LAWYER DISCOUNT! 4:30 – 4:40 p.m. BREAK I have been admitted to the bar for fewer than 3 years and am Every appeal must be assembled in a careful and deducting 50% from the fee marked above. comprehensive manner to ensure compliance with the rules ACCOMMODATION of appellate procedure and the unwritten rules of protocol and 9:00 – 11:00 a.m. If you have a disability and need an SCHOLARSHIPS AVAILABLE! persuasion. Two experienced and effective appellate lawyers 4:40 – 5:00 p.m. accommodation in order to attend this Minnesota CLE maintains a scholarship program for those with a Writing to Persuade: Rhetoric and Structure will discuss ways to improve the preservation and presentation seminar, please contact Minnesota CLE as financial need. For more information or to obtain an application, contact This session will address the neglected topic of rhetoric, which of your next appeal. A Fireside Chat with soon as possible at 2550 University Avenue Grant at [email protected] or 651-254-2111. underlies all efforts to persuade, and connect its lessons to the – Christopher W. Bowman & Ashleigh M. Leitch Justice Natalie E. Hudson West, Suite 160-S, Saint Paul, MN 55114 or “macro” level of writing and editing: the structure of effective call us at 651-227-8266 or 800-759-8840. Hear reflections on appeals and get to know another member Join the MSBA and pay less for Minnesota CLE seminars! arguments. Particular emphasis will be given to the introduction of of the Minnesota Supreme Court in a personal and informal a brief and avoiding ineffective forms of arguing law and facts. 103 To join the MSBA go to www.mnbar.org setting. Or for more membership advantages call 1-800-882-6722 – Professor Timothy P. Terrell Amicus Curiae and the Art of Befriending CANCELLATION / NO-SHOW POLICY – Justice Natalie E. Hudson the Court Paid registrants who cancel before the – Elizabeth G. Bentley (moderator) seminar will receive a full credit on their This panel of experts will discuss the ins and outs of the unique account, or refund upon request. Paid 11:00 – 11:15 a.m. BREAK friendship between non-parties and a deciding court. Topics registrants who do not cancel and are unable PAYMENT: will include high level strategy concerns that drive the decision to attend will retain access to the seminar whether to participate in a case, a discussion of what materials materials through their website account. I have a MN CLE Season PassSM. are appropriate and helpful, and the nuts and bolts of how to Passholders may purchase the materials at 5:00 p.m. Enclosed is a check for $ participate as an amicus. Whether you are a litigant looking to 50% of the full retail price. 11:15 a.m. – 12:15 p.m. To pay by credit card, please register online or by phone. obtain amicus support for your case or a non-party considering Join us for the Annual Institute Reception! Writing to Persuade (continued) filing an amicus yourself, this panel will provide insight and Cheers! Catch up with colleagues, friends, and new – Professor Timothy P. Terrell valuable experience to improve your case. QUESTIONS? acquaintances over refreshments and appetizers. – Justice Margaret H. Chutich, Timothy J. Droske, Call 651-227-8266 or 800-759-8840. Check here if address below is new. Solicitor General Liz Kramer & Teresa Nelson Or, visit us online at www.minncle.org. – Alethea M. Huyser (moderator) 12:15 – 1:15 p.m. Name (first) (mi) LUNCH (Bag lunches provided by Minnesota CLE) (last) Enjoy a complimentary lunch, the company of your colleagues, and 2:15 – 2:30 p.m. BREAK a presentation about Rules changes. Firm Address 12:30 – 12:50 pm. 2:30 – 3:30 p.m. SAVE Update on the Minnesota Rules of Civil SPECIAL PUBLICATIONS OFFERS! City/State/Zip Achieving Fluency in Statutory Appellate Procedure Attendees of the 14th Annual Appellate Practice Institute can save 47% on each 47% Phone This session will cover changes to the Minnesota Rules of Civil Interpretation of these terrific resources! Purchases must be made February 28 at the Institute. Appellate Procedure. Appellate judges appreciate thorough, well-reasoned Email – Rita Coyle DeMeules arguments on whether a statute is ambiguous or unambiguous, Minnesota Supreme Court Commissioner how ambiguity should be resolved, and which interpretive Attorney License No.