The Online Journal of the ABA Council of Appellate Lawyers
March 10, 2003

Volume 2, Issue 1


Table of Contents

CAL Leadership

Past Issues


Speakers' Bureau Report
Shawn Stephens, Chair

This year, the Speakers' Bureau worked to further CAL's mission of elevating the level of brief writing and oral argument in appellate courts through speeches, writing and other efforts. Robert Vort initiated and presented a Federal Appellate Practice Seminar for the New Jersey Institute of Continuing Legal Education on October 12, 2002, along with a Judge from the Third Circuit, the Chief of Appeals from the local U.S. Attorney's office, and a criminal lawyer. Robert then plans to take this program "on the road." Likewise, David Lewis is planning to conduct a survey of appellate judges and to present talks based upon that survey for the First Circuit, the Boston and Cambridge, Massachusetts areas. David's survey will focus on judicial preferences with regard to appellate arguments.

Similarly, Bob Bockman is getting our message out about the need for effective written and oral advocacy to law students in both his appellate advocacy classes and on the moot court teams at the University of South Carolina. Bob is providing students with instruction on how to make effective arguments and write successful briefs. On October 11, 2002, he spoke on "Effective Advocacy Before the Fourth Circuit" for the South Carolina Bar. He will also write a handbook on appellate practice for the Fourth Circuit. This book has a late summer 2003 publication date.

As Chair, I gave three speeches to Houston trial attorneys and three to Dallas trial lawyers regarding ethical issues (such as the duty of candor to the tribunal, how to satisfy the "skill and competency" required of the rules of professional conduct to handle appeals). My discussions focused on the new sanctions rule for mandamus actions and a discussion of the various standards that currently exist (due to a split in the intermediate appellate courts in Texas) regarding the elements for sanctions for bad faith appeals. I also gave speeches in Dallas and in Houston on error preservation at the jury charge conference stage.

The Speakers' Bureau is writing papers on various basic appellate topics that we will offer to various CLE outlets around the country. We will provide speakers from our Committee to present those papers. Mary Vasaly, Robert Vort, Dick Countiss, Shawn Stephens, Siobhan Shea and others are currently preparing papers on basic appellate topics such as: oral argument, brief writing, standards of review, and motions for rehearing. We are also collecting lists of CLE providers. If you are aware of a CLE provider that might benefit from these papers and papers/speakers, please contact me at the address at the end of this article. Our target audience is the intermittent/occasional appellate lawyer who is most likely a trial lawyer.

I am also working on a project with the State Bar of Texas Appellate Section called "The Appellate Roadshow." The target audience is the intermittent appellate lawyer. We plan to tour the thirteen cities in Texas which have intermediate appellate courts. We will discuss the importance of proper/appropriate appellate advocacy, both written and oral, local rules for appellate practice, and ethical issues. We will include appellate judges in each panel.

If you would like to be a member of the Committee or are aware of a forum in which we can help get our message out to trial lawyers, please contact me at the address below.

S. Shawn Stephens Locke Liddell & Sapp LLP
3400 JPMorgan Chase Tower
600 Travis Street
Houston, Texas 77002-3095
713-226-1436 (direct)
713-229-2673 (direct fax)
sstephens@lockeliddell.com