Preventing Nightmares: Preserving Issues and Avoiding Waiver (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $135 (Includes a downloadable audio version.)
Viewable Through: 9/30/2017


A pre-recorded streaming VIDEO replay of the September 2014 webcast, Preventing Nightmares: Preserving Issues and Avoiding Waiver.

Topics covered include:

  • Timing of objections: Amos, Maxwell, and the “no opportunity to object” statute
  • Objections by co-defendants (or co-plaintiffs): Linnon v. Commonwealth
  • Endorsement of orders: Cashion v. Smith and “I ask for this”
  • Motions to rehear: The tragic tale of Brandon v. Cox
  • Missing a transcript deadline: Is there a filing deadline after Belew v. Commonwealth?
  • Are there risks of preserving? NVRE v. Martins
  • Any other recently decided cases affecting appellate issues

All too often, lawyers arrive in appellate courts with a solid argument for reversal, only to learn that their promising issue has been waived by a failure to preserve it in the trial court. In this program, two experienced appellate lawyers explain some of the ways to avoid having to answer troubling waiver questions at the appellate lectern. The program focuses on hidden waiver traps and on the contemporaneous objection rule, recognizing the fact that preservation isn’t an appellate skill: it’s a trial-court skill.

The seminar will explore all the basic rules associated with issue preservation, and focus specifically on the many traps for the unwary. In addition, our speakers will examine the most recent rulings of the Virginia Supreme Court as they affect trial practice and appellate preservation, including:


Save up to 40% on online seminars and webcasts with the purchase an 8- or 12-credit Online Bundle. Take up to 365 days to choose the programs you want.

Government Attorney? Receive a 50% discount on this and most seminars, and a 30% discount on publications.
New Virginia Lawyer? (less than three years) Receive a 25% discount on this and most seminars and publications.



L. Steven Emmert, Sykes, Bourdon, Ahern & Levy, P.C. / Virginia Beach (Expand/Collapse Bio)

L. Steven Emmert limits his practice to appellate advocacy in state and federal courts.  He has briefed and argued numerous significant cases that have resulted in published opinions in a variety of fields of the law. Mr. Emmert has been with Sykes, Bourdon, Ahern & Levy, P.C., since 1999, when he returned to the private sector after spending nine years in the Virginia Beach City Attorney’s Office.  It was in the public sector that he developed the skills of an appellate advocate, as he represented the City and its officers, employees, and agents in a variety of appellate cases.  He reconstituted the Virginia State Bar’s Appellate Practice Subcommittee and chaired that group from 2005-08, making him the principal spokesman for Virginia’s appellate lawyers. He then accepted an invitation from The Virginia Bar Association to establish a new Appellate Practice Section within that association; he chaired that section from its founding in 2008 to 2011. He was a member of the Supreme Court’s Appellate Rules Advisory Commission, and is the current chair of the Boyd-Graves Conference. He is listed in The Best Lawyers in America in the field of Appellate Law, and in November 2007 was honored by the Virginia Lawyers Weekly as one of 15 “Leaders in the Law.” He has received an “AV” rating by Martindale-Hubbell, and was the first person ever profiled in Virginia’s Legal Elite in the field of Appellate Law.  Mr. Emmert is a frequent lecturer on appellate advocacy before a variety of bar associations.

Kevin Martingayle, Bischoff Martingayle, P.C. / Virginia Beach (Expand/Collapse Bio)

Kevin Martingayle is a partner of Bischoff Martingayle, P.C.  He received his B.A. in economics from Hampden-Sydney College (cum laude, Phi Beta Kappa) and his J.D. from the University of Virginia School of Law. He has a busy trial and appellate practice, handling a wide variety of civil and criminal matters, including business litigation, constitutional and civil rights cases, estate litigation, land use and zoning matters, and cases involving covenants not to compete.  Mr. Martingayle is a former member of the Second Judicial District Ethics and Disciplinary Committee (1999-2006; Chairman 2002-04) and is currently one of the Second Judicial Circuit Council Representatives to the Virginia State Bar (2007-present).  Among other Virginia State Bar involvement, he sits on the VSB Ethics Committee that considers changes to ethics rules and writes Legal Ethics Opinions (“LEOs”).  He is rated “AV” by Martindale-Hubbell, and listed in Virginia Super Lawyers, Virginia Business magazine’s “Legal Elite,” and the Best Lawyers in America.  Mr. Martingayle is the current president of the Virginia State Bar.

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  • 105 Whitewood Road
    Charlottesville, VA 22901


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