17 episodes

An appellate law podcast for trial lawyers. Appellate specialists Jeff Lewis and Tim Kowal discuss timely trial tips and the latest cases and news coming from the California Court of Appeal and California Supreme Court.

The California Appellate Law Podcast Tim Kowal & Jeff Lewis

    • Business
    • 5.0 • 7 Ratings

An appellate law podcast for trial lawyers. Appellate specialists Jeff Lewis and Tim Kowal discuss timely trial tips and the latest cases and news coming from the California Court of Appeal and California Supreme Court.

    How Does a Client Measure Success? Our Conversation with Outside General Counsel Lee Goldberg

    How Does a Client Measure Success? Our Conversation with Outside General Counsel Lee Goldberg

    Lee Goldberg joins us for a discussion about his perspective as outside general counsel. Lee shares decades of experience using litigators to solve business problems and offers advice for trial attorneys serving corporate clients. We talk about Lee’s recent video series on LinkedIn and his website CalLawyers.com, and what a general counsel looks for when hiring trial and appellate counsel. Some of Lee's lessons:

    On litigation objectives: " My client is never principle over business. Ever."

    On the most common mistake litigators make: " [When] they think that they have the only answers. Sit back, listen to your client. That is the biggest error that I see."

    On hiring the right litigation team: "White shoe firms have their place. ... [But] all of it has to do with my relationship with the litigators and the litigation firm. Because I will tell you this if I have a good relationship with them, then we coordinate and work together, they understand where I'm coming from, I understand where they're coming from, and that best serves the client in the long run. So no, it's not always the Gibson Dunn's, okay. It's not always the Reed Smith's that I bring into these deals. All right? Local, smaller, dedicated, smart counsel is what I look for."

    On trial counsel handling appeals: "I will never have my trial lawyers handle my appeals. Ever, ever."

    On success: " The thing that people keep coming back to is success. Understand something, success is perception. Success is not a piece of paper. Success is an emotional feeling that you give to the client that they did the best they could in the situation that they had."

    Tim, Jeff, and Lee also cover recent cases discussing how to properly ask for discovery in response to a summary judgment, and applying the disentitlement doctrine to dismiss an appeal, including why it may be important to bring appellate counsel in to an appeal.

    Lee Goldberg's website, LinkedIn profile, and YouTube channel.

    Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.
    Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube channel.
    Sign up for Tim Kowal’s Weekly Legal Update, or view his blog of recent cases.

    Cases and other resources mentioned in this episode:

    Begley v. Delta Dental of Cal. (D1d3 Aug. 31, 2021) 2021 WL 3878844 no. A159983 (nonpub. opn.).

    Findleton v. Coyote Valley Band of Pomo Indians, (Sep. 29, 2021, A158172) and Tim's write up of Findleton.
    Press release for LA Superior Court re Dress Code

    • 39 min
    Oral Argument in the California Supreme Court During Covid: Our Interview With Kelly Ernby

    Oral Argument in the California Supreme Court During Covid: Our Interview With Kelly Ernby

    Kelly Ernby of the Orange County District Attorney's office joins us for a discussion about the first remote argument in the California Supreme Court during covid and her appellate experience on behalf of the District Attorney's office. We discuss Abbott Laboratories v. Superior Court and the ability of a District Attorney to initiate litigation beyond the geographic boundaries of each county. 
    Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.
    Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed.
    Sign up for Tim Kowal’s Weekly Legal Update, or view his blog of recent cases.
    Cases and other resources mentioned in this episode:

    Abbott Laboratories v. Superior Court (2020) 9 Cal.5th 642

    Nede Mgmt. v. Aspen Am. Ins. Co. (Sep. 20, 2021, B307470)
    Woodhill Ventures, LLC v. Ben Yang (Sep. 3, 2021, B305797)
    LASC Press Release on Dress Code

    • 51 min
    What Difference Does an Appellate Judge Make: Ideology, Orientation and Temperament in the Intermediate Appellate Courts of California: An Interview with Research Attorney Jeff Calkins

    What Difference Does an Appellate Judge Make: Ideology, Orientation and Temperament in the Intermediate Appellate Courts of California: An Interview with Research Attorney Jeff Calkins

    Jeff Calkins, a recently-retired senior research attorney with the Court of Appeal, talks with appellate attorneys Jeff Lewis and Tim Kowal about what it is like working at an appellate court ("like a monastery," in a good way), about how the writ panel works, cultural differences in the different district Courts of Appeal, and why the California appellate courts may tend to go easier on trial courts than federal appellate courts. Jeff also shares his theory on why California appeals are not as much "fun" as federal appeals (hint: it has to do more with the legislatures than the judges), and disagrees with Tim's proposal that Rule of Court 8.1115 be amended to allow parties to cite unpublished opinions.
    Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.
    Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed.
    Sign up for Tim Kowal’s Weekly Legal Update, or view his blog of recent cases.
    Cases and other resources mentioned in this episode:
    John Hasnas, The Myth of the Rule of Law: http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm.Tim's blog post discussing Howard J. Bashman, The Recurring Problem of Unpublished Opinions and What to Do About It?, ABA Council of Appellate Lawyers, Appellate Issues, Fall 2017, at 23: https://tvalaw.com/publication/still-more-ways-to-mention-unpublished-appellate-opinions.The Syufy Rosetta Stone: http://alex.kozinski.com/articles/The_syufy_rosetta_stone.pdf.

    • 1 hr 1 min
    Circuit Splits, Amicus Briefs and Interview with John Reeves

    Circuit Splits, Amicus Briefs and Interview with John Reeves

    Missouri appellate attorney John Reeves  joins Tim and Jeff to discuss Marin Housing authority v. Reilly, a case pending possible review by the United States Supreme Court. At issue there:  whether a public housing authority, in calculating a family’s annual income, is required to exclude Medicaid-funded payments made to a family by a State agency to allow the Section 8 tenant to provide personal caregiving services in order to keep a developmentally disabled family member at home. John, Tim and Jeff also discussed amicus briefs and other aspects about practicing appellate law.
    Appellate Specialist Jeff Lewis' biography and Twitter Account
    Appellate Specialist Tim Kowal's biography and Twitter Account
    Sign up for Tim Kowal’s Weekly Legal Update
    John Reeves' bio.
    Cases and other resources mentioned in this episode
    SCOTUS Blog's coverage of the Marin Housing case.Statistics regarding California amicus briefs. Michaels v. Greenberg Traurig, LLP (Mar. 26, 2021, B300093) ___ Cal.App.2d ___Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747Nicholson v. Southern California Edison Co. (D2d7 Jun. 22, 2021) no. B302287 (nonpub. opn.)California statistics of disposition of appeals and other legal proceedings.

    • 40 min
    Interview with Frank Lowrey: Motions in Limine, Civility and Appellate Practice

    Interview with Frank Lowrey: Motions in Limine, Civility and Appellate Practice

    Georgia appellate attorney Frank Lowrey joins Tim and Jeff to discuss Williams v. Harvey, a recent decision by the Georgia Supreme Court concerning preservation of error and motions in limine. Frank, Tim and Jeff also discussed civility and other aspects about practicing appellate law.
    Appellate Specialist Jeff Lewis' biography and Twitter Account
    Appellate Specialist Tim Kowal's biography and Twitter Account
    Sign up for Tim Kowal’s Weekly Legal Update
    Frank Lowrey's bio
    Cases mentioned in this episode
    Williams v. Harvey (Ga., May 17, 2021, S20G1121)
    Warner Constr. Corp. v. City of Los Angeles (1970) 2 Cal.3d 285
    Salsbury Eng'g, Inc. v. Consol. Contracting Servs. (In re Mahoney) (June 10, 2021, G057832) ___ Cal.App.4th ___

    • 55 min
    The Science and Rhetoric of the Written Word: An Interview with Judge Robert Bacharach

    The Science and Rhetoric of the Written Word: An Interview with Judge Robert Bacharach

    Hosts Tim Kowal and Jeff Lewis discuss legal writing with Judge Robert Bacharach of the Tenth Circuit Court of Appeals. Judge Bacharach has written a new book on legal writing: A Judge’s Perspective on the Science and Rhetoric of the Written Word. We discussed his perspective from the bench on legal writing and appellate practice.

    Appellate Specialist Jeff Lewis' biography and Twitter Account
    Appellate Specialist Tim Kowal's biography and  Twitter Account
    Sign up for Tim Kowal’s Weekly Legal Update

    Briseño v. Henderson (9th Cir., June 1, 2021, No. 19-56297) [The recent 9th Circuit case referring to new Star Wars movies as mediocre]

    ABA Press is offering a 20% discount through 12/31/2021 on Judge Bacharach's book: Legal Writing: A Judge’s Perspective on the Science and Rhetoric of the Written Word. You can purchase the book by using the code LGLFBRA when using the ABA website here or by calling 1-800-285-2211.

    • 1 hr 2 min

Customer Reviews

5.0 out of 5
7 Ratings

7 Ratings

twinbae ,

Excellent for Law school

Thank you so much for this podcast I love hearing from y’all it is extremely informative and helpful my favorite episode was Judge Bacharach thank you so much for coming to our school Fordham Law in New York can’t wait to read your book!!!!!

Ryanmcin ,

Excellent and unique resource

This podcast is a great strategic resource for trial attorneys and appellate lawyers alike. The hosts are engaging and work through a large amount of material at a brisk, understandable pace. They are quickly establishing themselves as the go-to authorities on appellate practice in California, but the episodes are never dry and even include interesting guests. If you’re an attorney that practices at any stage of litigation, I recommend you check them out.

Top Podcasts In Business

You Might Also Like