Effective advocacy requires counsel to prepare for trial with appellate review in mind. This CLE examines how decisions made throughout civil litigation—from pleadings and discovery to evidentiary motions and trial presentation—shape both the outcome at trial and the prospects for a successful appeal. Topics include scheduling orders, expert disclosures, the use of depositions at trial, motions in limine, and pleading and proving claims for attorney’s fees.

The program further delves into preserving issues and developing a record that permits meaningful appellate review. Participants will learn about contemporaneous objections, evidentiary proffers, renewal of motions to strike, jury instructions, endorsements of orders, and transcript requirements. The course also explores applicable standards of review and common procedural pitfalls that can prevent an appellate court from reaching the merits, offering practical guidance for protecting a client’s appellate rights throughout the litigation.

Hon. Daniel E. Ortiz
Judge
Court of Appeals of Virginia

Daniel (“Dan”) Ortiz serves as a Court of Appeals of Virginia judge after being elected September 1, 2021, for an eight-year term. Prior to his current judicial post, Judge Ortiz served as a Fairfax County Circuit Court judge for almost seven years.   

He started his legal career clerking for the Honorable M. Langhorne Keith at the Fairfax County Circuit Court. At the conclusion of his clerkship, Judge Ortiz joined Blankingship & Keith, P.C., where he became a shareholder at the firm. His practice encompassed general civil litigation including employment litigation, real estate litigation and commercial litigation. While in private practice, he served as a substitute judge in the General District Court and Juvenile and Domestic Relations District Court for five years. 

While at Blankingship & Keith, Judge Ortiz chaired the firm’s Pro-Bono Committee and dedicated numerous hours to pro bono legal service. During that time, he also worked with Legal Services of Northern Virginia, serving as not only a member of the Board of Directors but also as a president and chairman of the board.

Prior to his service as a judge, Judge Ortiz was an active member in numerous bar-related organizations and committees, including serving as a member of the Board of Governors of the Virginia Bar Association and the Board of Directors of the Fairfax Bar Association.

In recognition of his commitment to providing access to the legal system, Judge Ortiz was selected by former Chief Justice Lemons to serve on the Virginia Access to Justice Commission. Additionally, he has been appointed as a faculty member of the Virginia State Bar’s Harry L. Carrico Professionalism Course as well as the Judicial Mentor Program. He is a member of the Boyd Graves Conference and its Steering Committee, which seeks to improve the quality of Virginia’s civil justice through prioritizing the greater good over private interests.

He serves as a Professorial Lecturer in Law at the law school at George Washington University teaching a variety of courses including Professional Responsibility and Ethics.

Judge Ortiz completed his undergraduate studies at the University of Virginia and received his law degree from the George Washington University Law School.  He resides in the city of Fairfax with his family.   

Hon. Michael F. Devine
Judge
Fairfax County Circuit Court

Judge Devine has been a judge of the Fairfax County Circuit Court since April 2010. He is a 1989 graduate of the University of Virginia School of Law. Judge Devine first was an associate with Dickstein, Shapiro & Morin in Washington, D.C. doing civil litigation.  In October 1991 Judge Devine joined the Office of the Public Defender in Fairfax County and, in1995, founded the firm that would become  Devine, Connell, Sheldon & Flood, PLC. Judge Devine tried over 100 felony criminal jury trials and had 18 decisions on the merits in the Virginia Court of Appeals and the Virginia Supreme Court.  For the last three years, Judge Devine has taught family law to all newly-elected circuit court judges.  He is married to family law attorney Sonya Powell.  They have two teenage boys and a dog.

John Altmiller
Partner
Altmiller Melnick DeMers Steele & Rosati PLC

John C. Altmiller has been in practice since 1992, and has been a shareholder in the firm of Altmiller Melnick DeMers Steele & Rosati since 2008. His practice is concentrated in real estate, real estate litigation, civil litigation, business law, and contract law. He has tried cases in state, federal, and bankruptcy courts. He has been lead counsel in over 150 circuit court trials and has over forty reported cases. He also represents parties in proceedings before regulatory boards and associations. He frequently lectures in the areas of real estate, litigation, and ethics. Mr. Altmiller graduated Villanova University in 1988 and received his law degree from George Mason University in 1992. He is the co-chairman of the Real Estate Section of the Fairfax County Bar Association, the former chair of the NVAR Attorney Roundtable, and a current member of the George Mason Inn of Court and Circuit Court Committee of the Fairfax County Bar Association.