Recording available after original program date, 1/18/2023
1-2:00 p.m. | When, Why, What, and How Regarding the Engagement of Appellate Counsel
What you will learn:
• Why appellate counsel is typically engaged by a client or trial counsel
• At what point during a case should or does the client or trial counsel typically engage appellate counsel?
• When the client engages appellate counsel, how does the client typically inform or advise trial counsel of the decision to retain appellate counsel?
• What expectations does the client or trial counsel typically have of appellate counsel?
• How can or does appellate counsel provide value to the client or trial counsel (i.e., what does having appellate counsel add to the process)?
• How does appellate counsel typically communicate and work with trial counsel?
• What role does appellate counsel typically play before, during, and after trial?
Speakers: Susan Ford Robertson, The Robertson Law Group LLC, Kansas City; Thomas Weaver, Armstrong Teasdale, LLP, St. Louis and Michael Gross, Michael Gross Law Office, St. Louis
2-3:00 p.m. | Panel Discussion: Lessons Learned and Tips from the Perspective of a Trial Lawyer, Appellate Lawyer, and Trial Judge
What you will learn:
• Will appellate counsel be incognito, or openly involved? If in courtroom, where to sit?
• Will appellate counsel attend trial, receive “dailies” (rough copies of trial transcript, provided at end of each day of trial), or employ other means of participating in the process?
• Enter an appearance, or not?
• When role is “known” (i.e., not incognito), how to interact with court
• If entering an appearance, serve as active participant in trial (e.g., join trial counsel for sidebars)?
• What to do as appellate counsel working with trial counsel
• What NOT to do as appellate counsel working with trial counsel
• Reporting to the client
• Involvement (if any) in settlement negotiations (including any mediations)?
• Communications with court and counsel for other parties (if role is “known” and not incognito)
• Who drafts what before and during trial? Who drafts what after trial?
• Extent of review and revisions to trial counsel’s drafts
Moderator: Gretchen Garrison, Gray, Ritter & Graham, St. Louis
Panelists: Hon. Rex Burlison, Circuit Judge, 22nd Judicial Circuit, St. Louis; Richard Behr, Evans & Dixon LLC, St. Louis; Timothy Sansone, Sandberg Phoenix & Von Gontard PC, St. Louis and Elizabeth Carver, Dowd Bennett LLP, St. Louis
Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.
Richard J. Behr is a member at Evans & Dixon, LLC with over thirty years of experience trying cases in state and federal courts in Southern Illinois and Eastern Missouri. For the past twenty years, Rich has focused on defending hospitals, physicians and nurses in medical malpractice cases as well as defending businesses and municipalities in employment-related litigation such as discrimination, harassment, whistle-blower, disability and wrongful termination claims. Prior to focusing on these areas, Rich spent five years defending maritime and Jones Act cases arising on the inland waterways. He spent his first six years defending a wide variety of cases with an insurance defense firm.
Rich carries a Martindale-Hubbell Peer Review Rating of “AV” for excellence in legal ability and ethics. In 2019, Rich was selected as a Missouri “Super Lawyer,” an honor given to only 5% of Missouri/Kansas lawyers. He is a member of the Illinois Defense Counsel, the premier association of Illinois defense attorneys. His speaking engagements include “The Wide World of Hospital Liability” presented to hundreds of hospital risk managers and lawyers from across the country, “Legal Implications of Covid-19 on Businesses” presented to members of the Missouri Better Business Bureau and “Employment Law Dangers for Municipalities” presented to over fifty City Administrators, Mayors, Police Chiefs and City Attorneys from Missouri.
Rich is a 1989 graduate of St. Louis University School of Law where he was a member of the Law Journal. He spent his undergraduate years at Rockhurst University on a combined academic/athletic scholarship and graduated from St. Louis University in 1986 with a B.S.B.A degree in Accounting.
The Honorable Rex M. Burlison, presently Circuit Judge, 22nd Judicial Circuit, located in Saint Louis, Missouri. Born June 3, 1954, in St. Louis. Graduate of Northeast Missouri State University (now Truman State University), B.A. Political Science/Law Enforcement, Cum Laude (1976); and St. Louis University School of Law, J.D. (1980). Engaged in the private practice of law from 1980 to April 2000. Appointed as Associate Circuit Judge of 11th Judicial Circuit by Governor Mel Carnahan in 2000. Appointed as Chief Counsel, Eastern Region, Office of Missouri Attorney Jeramiah (Jay) W. Nixon, January 2001 through March 2009. Appointed as Director, Eastern Region, Office of Governor Jeramiah W. (Jay) Nixon, March 2009 through August 2011. Appointed as Circuit Judge, 22nd Judicial Circuit, by Governor Jeremiah (Jay) W. Nixon, August 9, 2011 to present. Recipient of Missouri Chief Justice's Circuit Judge Judicial Excellence Award for 2018. Member Missouri Supreme Court Civil Rules Committee. Presiding Judge of the 22nd Judicial Circuit 2019 to 2021. Former member Missouri Presiding Judges’ Executive Committee. Board Certified Civil Trial Advocate, National Board of Trial Advocacy (1998). Disciplinary Hearings Officer appointed by Missouri Supreme Court. Appointed to 11th Judicial Circuit Bar Disciplinary Committee. Five term Alderman for City of Cottleville, Missouri. Inducted to the Ritenour High School Hall of Fame. Frequent speaker and contributor to continuing education programs for Missouri and national legal organizations. Member of: Historic Trinity Lutheran Church; Missouri Bar Association; Bar Associations of St. Louis; Lawyer Association of St. Louis. Retained 2012 and 2018 Nonpartisan, Term expires in December 31, 2024.
Elizabeth Carver focuses her practice on appellate litigation in federal and state courts. She has successfully handled appeals in a wide variety of substantive areas, including employment, banking, class action, product liability, breach of contract, tort and insurance matters. She has extensive experience representing defendants in appeals involving large punitive damage awards. Ms. Carver has argued cases before the Eighth Circuit, the Federal Circuit, the Missouri Supreme Court, and the Eastern and Western Districts of the Missouri Court of Appeals. She has briefed appeals in those courts and others, including the Fifth and Seventh Circuits, the Arkansas Supreme Court, and the Illinois Appellate Court.
Ms. Carver has prepared amicus briefs on behalf of National Public Radio and the Product Liability Advisory Council, and has worked on a number of interlocutory appeals and extraordinary writ proceedings. In addition, Ms. Carver regularly consults with trial counsel on legal issues such as dispositive motions, Daubert motions, and class action certification. She also assists with trial preparation, including pre-trial motions and briefing, jury instructions, and preserving potential trial error for appeal, as well as post-trial briefing.
Ms. Carver is a fellow of the American Academy of Appellate Lawyers and of the American Bar Foundation.
Gretchen Garrison graduated from the University of Missouri in 1982 with a degree in Hospital Administration. She earned her law degree from the University of Missouri-Kansas City in 1986, where she served as managing editor of the UMKC Law Review and on the Moot Court Board.
Ms. Garrison is admitted to practice before all Missouri state courts, the U.S. District Court for the Eastern District of Missouri and the Eighth Circuit Court of Appeals. She has appeared before every appellate court in the State of Missouri, as well as the United States Supreme Court, in over 70 appeals.
She is a member of The Missouri Bar, the Bar Association of Metropolitan St. Louis, Women Lawyers’ Association of Greater St. Louis, and American Bar Association. She is a former chairperson of the Appellate Practice Committee of the Bar Association of Metropolitan St. Louis and served on the Missouri Supreme Court Electronic Discovery Committee.
Michael Gross is an appellate lawyer in St. Louis, Missouri. In addition to his work in appellate courts, Mr. Gross frequently consults with and performs legal research and writing for trial attorneys before they file suit, during the pendency of their cases in trial courts, and through the mediation process.
Mr. Gross has represented clients in the United States Supreme Court, the Second, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits, and the appellate courts of several states. He previously served as a member of the Eighth Circuit’s civil jury instructions committee.
After graduating from the University of Michigan Law School in 1971 Mr. Gross served as law clerk to the Hon. M. C. Matthes, Chief Judge of the United States Court of Appeals for the Eighth Circuit. He speaks frequently on topics related to appellate practice, legal writing, oral argument, and legal strategy and problem-solving at seminars sponsored by bar associations and other organizations.
Susan Ford Robertson serves as appellate counsel in state and federal courts in all stages of complex litigation, including working with trial counsel to protect and preserve the record prior to and during trial, as well as presenting appeals to all levels of appellate courts. In over 160 published appeals she has handled, the judgments at issue exceed $750,000,000.
She was named Lawyer of the Year 2020 by Missouri Lawyers Media for her work in State ex rel. Johnson & Johnson, et al. v. Burlison, which was then codified by the Missouri Legislature in Section 507.040.2 R.S.Mo. She was also recognized in 2020 as Dean of the Trial Bar by the Kansas City Metropolitan Bar Association.
Timothy C. Sansone is a partner at the law firm of Sandberg Phoenix & von Gontard P.C., where he has worked for over 20 years. He is a graduate of Chaminade College Preparatory School, attended the United States Military Academy at West Point, received his bachelor’s degree in political science with college honors at Washington University in St. Louis, and received his juris doctor degree, magna cum laude, from Saint Louis University School of Law.
Tim started his legal career as a law clerk for Judge Paul Simon at the Missouri Court of Appeals, Eastern District. He then worked as an associate at Ziercher & Hocker P.C., which merged with what was then known as Husch & Eppenberger, LLC before he joined Sandberg Phoenix.
At Sandberg Phoenix, he is the founder and leader of his firm’s Appellate and Complex Litigation Team. He also serves as Chair of Professional Development, and is a member of the firm’s Business Litigation Practice Group and Product Liability Practice Group.
In addition, he is co-chair of The Missouri Bar’s Appellate Practice Committee, and has been named to Missouri Lawyers Media’s POWER LIST of the top 30 appellate attorneys in Missouri.
Tom Weaver is a partner at Armstrong Teasdale LLP. He has specialized in appellate practice for 40 years and has been the head of Armstrong Teasdale’s appellate practice group for over 30 years. He is a fellow in the American Academy of Appellate Lawyers. He also served on the Missouri Board of Law Examiners for 11 years. Prior to joining Armstrong Teasdale in 1979, Tom served as a law clerk for Judge James Reinhard on the Missouri Court of Appeals.
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