On Demand Audio

Ethics for California Appellate Litigators (Update) (Audio Only)

Produced on March 31, 2020

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Course Information

Time 71 minutes
Difficulty Intermediate

Course Description

In advocating for clients, lawyers may sometimes stray from the path of professionalism. When performing solitary activities, like handling appeals and legal writing, it is easy to cross moral boundaries. This program, taught by California appellate lawyers Benjamin G. Shatz and Nicholas E. Frontera, reviews best practices to avoid ethical pitfalls in appellate briefing, examples of what not to do during oral argument, and cases discussing civility in the legal profession. Additionally, this program covers notable decisions and orders from California and Federal appellate courts in 2019 concerning ethical issues in appellate practice. 


Learning Objectives:

  1. Identify the key takeaways from notable appellate ethics decisions in 2019
  2. Review ethical obligations in legal writing, including the misuse of ellipses, accurately representing the record, and more
  3. Discuss how to act ethically in the courtroom
  4. Review general civility in interactions between counsel 

Credit Information

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Faculty

Benjamin G. Shatz

Manatt, Phelps & Phillips, LLP

Benjamin G. Shatz, a certified Appellate Specialist, co-chairs the Appellate Practice Group at Manatt, Phelps & Phillips, LLP.

He has briefed hundreds of civil appeals, writs, and petitions to the U.S. Supreme Court, U.S. Courts of Appeals, California Supreme Court and California Courts of Appeal, covering areas of law including entertainment, employment, copyright, land use, banking, insurance, product liability, professional liability, wrongful death, punitive damages, class actions, unfair competition, and anti-SLAPP.

He has Chaired the California State Bar Committee on Appellate Courts, the Los Angeles County Bar Appellate Courts Committee, and LACBA’s State Appellate Evaluation Committee.

He currently serves as Editor-in-Chief of California Litigation, the journal of the CLA’s Litigation Section, is a Trustee of the LA County Bar, and on the Executive Committee of LACBA’s Appellate Courts Section.

Before private practice he clerked for The Honorable Robert J. Johnston, United States Magistrate Judge for the District of Nevada, and externed for The Honorable Dorothy W. Nelson, United States Court of Appeals for the Ninth Circuit.

He is a frequent lecturer and author, having been published in California Litigation, California Lawyer, Los Angeles Lawyer, The Daily Journal, The Recorder, Inside Counsel, For the Defense, California Defender, CEB Civil Litigator Reporter, and many other legal publications.

He authors Exceptionally Appealing (a monthly column in the Daily Journal) and blogs at Southern California Appellate News.


Nicholas E. Frontera

Manatt, Phelps & Phillips, LLP.

Nicholas Frontera is a litigation associate at Manatt, Phelps & Phillips’ Los Angeles office.  He represents clients involved in complex commercial disputes with a focus on the entertainment industry. Nicholas has also prepared to brief in the California Court of Appeal, California Supreme Court, and Ninth Circuit Court of Appeals.

Prior to joining Manatt, Nicholas served as a law clerk for the Honorable Ryan Nelson, United States Court of Appeals for the Ninth Circuit. Nicholas began his career as an associate attorney at a global law firm, where he represented clients involved in complex commercial litigation and regulatory matters.