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Kenneth W. Masters - Bainbridge Island, WA

241 Madison Avenue North Bainbridge Island, WA 98110

Super Lawyers®

1

Updated: 06/25/2024

Bainbridge Island Appellate Lawyer

Overview

Ken Masters has been litigating civil appeals for over 30 years. He regularly practices in all of Washington's appellate courts: the three Divisions of the Washington State Court of Appeals (Seattle, Tacoma, and Spokane); the Federal 9th Circuit Court of Appeals (Seattle, Portland, and San Francisco); and the Washington (Olympia) and United States (Washington, D.C.) Supreme Courts. Ken is a Sustaining Life Fellow of the American Bar Foundation, and a Fellow of the American Academy of Appellate Lawyers (since 2010).

Ken is honored to have been repeatedly listed as a "Top 10" (2017-2023, "ranked #1" in 2019) and "Top 100" Washington attorney and Super Lawyer® (since 2000). He has been recognized as "Lawyer of the Year" both by The Appellate Lawyers® (2023) and by Best Lawyers in America® for Seattle appeals (2022). He has also received a "Lifetime Achievement Award" from America's Top 100 Attorneys®. "Alma Matter recognizes "Top 10" Super Lawyer, alum Ken Masters."

Ken's hundreds of civil appeals have concerned virtually every significant legal subject matter, from adverse possession to zoning, and even to ZZ Top (copyright infringement). Specific appeals include constitutional law (e.g., First Amendment and civil rights issues); contracts and other business matters; corporations (including corporate disregard); debtor and creditor; employment law; family law; injunctions; insurance coverage; landlord/tenant; new trial issues; products liability; professional malpractice (legal and medical); property disputes of all sorts (including land use, mortgages, and real estate transactions); statutes; secured transactions; securities; torts (including complex personal injury); trusts and estates (including wills); workers compensation; and of course complex civil and appellate jurisdictional and procedural questions.

In addition to serving his clients faithfully, Ken has long served his profession and the public. He has chaired and/or presented at dozens of CLEs on appellate practice, writing, ethics, and many substantive legal areas. He served on the WSBA Board of Governors (including as Treasurer); chaired numerous state and local bar committees and a task force; and served as Trustee and as President of the Washington State Bar Foundation. He has long served as Contributing Editor for the WASHINGTON APPELLATE PRACTICE DESKBOOK, most recently rewriting the brief writing chapter for the 4th Edition. And he is a past President (and current Emeritus Board member) of Earshot Jazz, which presents the premier northwest Seattle Jazz Festival.

About Kenneth W. Masters

Current Employment Position(s)

  • Attorney at Law

Practice Areas

  • Appellate
  • Civil Appeals

Litigation

  • 80%

Qualifications

Bar Admissions

  • Washington, 1992
  • U.S. District Court Western District of Washington, 1992
  • United States Supreme Court
  • Washington State Supreme Court
  • U.S. Court of Appeals 9th Circuit

Other Affiliations

  • Co-Chair, Annual ATJ Conference Fundraising Committee, 2019 - 2021
  • Trustee, Washington State Bar Foundation, 2016 – March 2019
  • President, Washington State Bar Foundation, October 2018 – March 2019
  • Washington State Bar Association, 1992 – present
  • Washington State Bar Association, Chair, ECCL Rules Task Force, 2016 – 2018
  • Washington State Bar Association, Treasurer, WSBA Board of Governors, 2014 – 2015
  • Washington State Bar Association, WSBA Board of Governors, Member, Budget & Audit Committee, 2012 – 2015
  • Washington State Bar Association, Governor, 1st Dist., WSBA Board of Governors, 2012 – 2015
  • Washington State Bar Association, 1st Dist., WSBA Board of Governors, Chair, Disciplinary Selection Committee, 2012 – 2015
  • Washington State Bar Association, 1st Dist., WSBA Board of Governors, Personnel Committee, 2012 – 2015
  • Washington State Bar Association, Personnel Committee, Chair, 2013 – 2014
  • Washington State Bar Association, 1st Dist., WSBA Board of Governors, Liaison, Court Rules & Procedures Committee, 2012 – 2015
  • Washington State Bar Association,1st Dist., WSBA Board of Governors, Liaison, Escalating Costs of Civil Litigation Task Force, 2012 – 2015
  • Washington State Bar Association, Court Rules & Procedures Committee, 2004 – 2012
  • Washington State Bar Association, Court Rules & Procedures Committee, Chair, 2009 - 2012
  • Washington State Bar Association, Court Rules & Procedures Committee, RAP Subcommittee, 2004 - 2005, 2008 - 2009
  • Washington State Bar Association, Court Rules & Procedures Committee, RAP Subcommittee, Chair, 2008 - 2009
  • Washington State Bar Association, Court Rules & Procedures Committee, Subcommittee X, 2006 - 2008
  • Washington State Bar Association, Court Rules & Procedures Committee, Subcommittee X, Chair, 2007 – 2008
  • Washington State Bar Association, Amicus Committee, 2000 - 2003
  • Washington State Bar Association, Amicus Committee, Chair, 2001 – 2003
  • American Bar Association, 2001 – present
  • American Bar Association, Sustaining Life Fellow, American Bar Foundation, 2014 – present
  • American Bar Association, Member, Council of Appellate Lawyers
  • King County Bar Association, 1995 - present
  • King County Bar Association, Judicial Evaluation Committee, 2002 - 2009, 2011 – 2019
  • King County Bar Association, Judicial Evaluation Committee, Co-Chair, 2005 - 2006
  • King County Bar Association, Appellate Law Section, 2005 - present
  • King County Bar Association, Appellate Law Section, President, 2008 - 2009
  • King County Bar Association, Appellate Law Section, Executive Committee Member, 2006 - 2010
  • King County Bar Association, Appellate Law Section, Charter Member, 2005 - present
  • King County Bar Association, Judicial Conferencing Committee, 2011, 2013 - 2015
  • King County Bar Association, Awards Committee, 2010 - 2012
  • King County Bar Association, CLE Advisory Committee, 2010 - 2012
  • King County Bar Association, Amicus Committee Chair, 2007 – 2009
  • King County Bar Association, Co-director & Volunteer, Fremont Legal Clinic, 1995 - 1996
  • Kitsap County Bar Association, 1998 – present
  • Kitsap County Bar Association, Member, Kitsap (Volunteer) Legal Services, 1999 - present
  • American Academy of Appellate Lawyers
  • American Academy of Appellate Lawyers, Fellow, 2010 - present
  • Washington Appellate Lawyers Association, 2003 - present
  • Washington Appellate Lawyers Association, President, 2007- 2012
  • Washington State Association for Justice, 1998 - present
  • Washington State Association for Justice, Eagle, 1999 - present

Classes and Seminars

  • Presenter, BACK TO THE FUTURE: LEVERAGING TECHNOLOGY IN POST-COVID CONSTRUCTION DISPUTES – Construction Appeals (WSB 2024)
  • Presenter, 19TH ANNUAL WSBA LAW OF LAWYERING: THE MUST VS. MUSN’T EDITION, Sanctions – When It’s MUCH Better to Give than to Receive (WSB 2022)
  • Presenter, STATEWIDE LEGAL ADVOCATE TRAINING, Supersedeas in Eviction Matters (NJP 2022)
  • Panelist, WINNING ON APPEAL: RULES, STRATEGY, AND ADVOCACY, ETHICS ON APPEAL (WSB 2020)
  • Presenter, 2019 ETHICS IN CIVIL LITIGATION, Ethical Issues in Appellate Litigation (WSB 2019)
  • Presenter, LIVE FROM DIVISION II: CUTTING EDGE CONVERSATIONS WITH THE APPELLATE COURT AND PRACTITIONERS, The End of the Fisons Era? (Div. II, WALA, TPCBA 2019)
  • Panelist, CIVIL PROCEDURE: THE RULES OF THE GAME OR GAMING THE RULES, State Bar Civil Litigation Rules Drafting Task Force: Overview of the Proposed New Pretrial Discovery Rule (KCBA/KCSC 2019)
  • Panelist, KING COUNTY APPELLATE LAW SECTION LUNCH CLE, Handling Clients on Appeal (KCBA 2018)
  • Presenter (with Steve Bulzomi), 10TH ANNUAL TORT LAW UPDATE, Afoa II & Appellate Law Update (TPCBA 2018)
  • Presenter, STATEWIDE LEGAL ADVOCATE TRAINING, Systemic Change Through Appellate Advocacy (LFW/OCLA 2018)
  • Presenter, 3RD ANNUAL ADVANCED APPELLATE SEMINAR: Brief Writing & Oral Argument (Pincus 2018)
  • Panelist, 2018 DV SYMPOSIUM, Capitalizing On Our Success – Best Practices & Tools that Get Us There: ER 413- Unpacking Washington’s New Procedural Protections for Immigrants (SU School of Law 2018)
  • Panelist, KING COUNTY APPELLATE LAW SECTION LUNCH CLE, Appellate Brief Writing: Thoughts From the Bench & Bar (KCBA 2018)
  • Chair & Presenter, ESSENTIALS OF PERSUASION: APPELLATE LEGAL WRITING IN WASHINGTON & BEYOND (SU School of Law 2017)
  • Presenter, Appellate Case Update, TPCBA Tort Law Update, (TPCBA 2017)
  • Chair & Presenter, ADVANCED APPELLATE SEMINAR, Settlement on Appeal (Pincus 2016)
  • Presenter (with Justice Mary Yu & Michael King), Appellate Practice: The Deskbook Edition, Appellate Briefs (WSBA 2016)
  • Moderator, BRIEF WRITING PANEL, SEATTLE CONVENTION OF THE AMERICAN ACADEMY OF APPELLATE LAWYERS (AAAL 2016)
  • Presenter, FROM RUNNYMEDE TO THE TEMPLE OF JUSTICE – THE CONTINUED RELEVANCE OF MAGNA CARTA AND TIPS ON APPELLATE ADVOCACY, The Purpose of Each Brief on Appeal (Washington Courts Historical Society 2015)
  • Presenter, FAMILY LAW 101: WHAT YOU NEED TO KNOW, Ethical Challenges in the Family Law Case (Pincus 2015)
  • Co-Chair, Moderator & Panelist, APPEALS IN WASHINGTON: JUDGES AND LAWYERS IN CONVERSATION (Seattle University School of Law 2015)
  • Lecturer, JUDGE ANN ELLINGTON’S APPELLATE ADVOCACY COURSE AT THE UNIVERSITY OF WASHINGTON, Oral Argument (University of Washington Law School 2015)
  • Presenter, NALS SUPER SATURDAY, Appeals & Writing (NALS 2015)
  • Presenter, SEATTLE UNIVERSITY SCHOOL OF LAW READY FOR TRIAL SEMINAR, Great Legal Writing (SU School of Law 2014)
  • Presenter, KITSAP BAR CONVENTION, Case Law Update (KCBA 2014)
  • Panelist/Moderator, TPCBA BAR CONVENTION, Appeals – Everything You Wanted to Know (TPCBA 2014)
  • Presenter, WSB RE-ADMISSION CLE, Appeals (numerous presentations) (WSB 2013, 2014)
  • Presenter, ADVANCED CIVIL APPEALS ROUNDTABLE, Update on Cases and Court Rules (Pincus 2013)
  • Presenter, THE PERSUASIVE TRIAL ATTORNEY, Just in Case: Making Sure You Preserve Trial Court Errors (WSB 2012)
  • Chair, APPEALS: WRITING, EDITING, PERSUASION & ETHICS (KCBA 2012)
  • Presenter, THE PERSUASIVE TRIAL ATTORNEY, Just in Case: Making Sure You Preserve Trial Court Errors and What is Worth Preserving and What is Not (WSB 2011)
  • Presenter, ETHICS WORKOUT, Court Rules (KCBA 2010)
  • Chair & Presenter, WASHINGTON APPEALS: NEW RULES & EXPERT GUIDANCE THROUGH THE APPELLATE PROCESS, Ethical Issues on Appeal (WSB 2010)
  • Panelist, BENCH – BAR CONFERENCE, PLENARY SESSION, Civil Appeals (KCBA 2010)
  • Panelist, 10 THINGS YOU SHOULD KNOW ABOUT, Civil Appeals (Gavel & Hammer Society 2009)
  • Co-Chair/Panelist, APPELLATE PRACTICE INSTITUTE (KCBA 2007, 2008)
  • Presenter, GEMSTONES OF SUCCESSFUL APPEALS, Preserving the Appellate Record (TPCBA 2007)
  • Presenter, TECHNOLOGY AND THE LAW, Technology Tips and Tricks for Appellate Practice (Office of the Washington State Attorney General 2007)
  • Presenter, APPELLATE LAW UPDATE, Meretricious Relationships & Other Family Law Issues (Kitsap County Bar Assoc. 2007)
  • Presenter, FAMILY LAW “HOT TOPICS,” Whose Your Momma? Parentage and Parenting in the 21st Century (KCBA 2006)
  • Presenter, THE ESSENTIALS OF APPELLATE PRACTICE, Stays, Attorney Fees, and Trial Court Authority During Appeal (WSB 2006)
  • Presenter, THE MASTER CLASS ON APPEALS, Perfecting and Using the Record in a Digital Age (WSB 2005)
  • Presenter, ANATOMY OF AN APPEAL, Dissecting the Opening and Reply Briefs (KCBA 2005)
  • Presenter, NAVIGATING THE SHOALS OF THE APPELLATE PROCESS, half-day seminars (Clallam, Jefferson, Kitsap, and Grays Harbor County Bar Assocs. 2002 - 2004)
  • Presenter, APPELLATE PRACTICE: PERSUASIVE BRIEF WRITING AND BEYOND, He Said/She Said: Telling the Truth From Your Client’s Perspective (WSB 2002)
  • Presenter, ANATOMY OF AN APPEAL, Deciding Whether to Appeal (KCBA 2001)
  • Presenter, IMPROVING APPELLATE PRACTICE, Technology on Appeal: Advancing With the New Electronic Tools of the Trade (Washington State Courts Historical Society 2001)
  • Presenter, WSTLA ROUNDTABLE, Preserving Issues on Appeal (WSTLA 2001)
  • Presenter, THE APPELLATE PRACTICE, The Brief of Appellant (WSTLA 2000)
  • Presenter, SUBROGATION & LIENS, Mahler Update – Practical Suggestions (WSTLA 2000)
  • Presenter, WINNING APPEALS, Brief of Appellant and Reply Brief (KCBA 1999)
  • Presenter, PROSECUTORS’ SPRING TRAINING, Effective Appellate Advocacy (WAPA 1999)
  • Presenter, INTRODUCTION TO APPEALS (Washington State Court of Appeals, Div. II 1998)

Pro Bono Activities

  • Washington State Supreme Court, Pro Bono Publico Service Commendation, 2004 – present
  • WSBA Special/Adjunct Disciplinary Counsel, 2002 - 2003, 2008, 2018 - present
  • Earshot Jazz, Seattle, Board of Directors, 2009 – 2012, 2019 - 2020
  • Earshot Jazz, Seattle, Board of Directors, President, 2011 – 2012
  • Earshot Jazz, Seattle, Board of Directors, Emeritus Board Member, 2013 – present
  • Moot Court Judge, over 50 law school competitions, 1993 - 2000
  • Volunteer Judge, We the People Constitutional Law Competition, 2004 - present
  • Bainbridge Island Music Center, Board of Advisors, 2009 - 2011
  • Board of Directors, Bainbridge Island Arts & Humanities Council, 2006 - 2009

Past Positions

  • Founder, Masters Law Group, P.L.L.C., 2011 - present
  • Owner, Wiggins & Masters, P.L.L.C., 1998 - 2010
  • Attorney, Edwards, Sieh, Smith & Goodfriend, P.S., 1995 - 1998
  • Judicial Clerk, The Honorable Elaine Houghton, ret., Washington State Court of Appeals, Division II, 1994 - 1995
  • Attorney, Burgess, Fitzer, Leighton & Phillips, 1993 - 1994
  • Attorney, Albertson & Smith, 1992 - 1993

Education

  • University of Puget Sound School of Law, Tacoma, Washington, 1992
    J.D.
    Honors: cum laude
    Honors: Merit Scholar at entry
    Honors: Dean's List
    Honors: Am. Jur. Awards in Contracts, Civil Procedure, and Legal Writing II (Appellate Advocacy)
    Honors: Highest Grade: A+, Jurisprudence
    Law Review: University of Puget Law Review, Lead Articles Editor
  • Metropolitan State College, Denver, Colorado, 1984
    B.A.
    Major: Behavioral Science

Articles

Published Works

  • Author, Cover Story: The Death of Capital Punishment in Washington, Northwest Lawyer (WSBA May 2019)
  • Co-Author, Evidence Rule 413: Unpacking Washington’s New Procedural Protections for Immigrants, Northwest Lawyer (WSBA July 2018)
  • Contributing Editor, Briefs on the Merits; Acceptance of Review & Authority on Review, Washington Appellate Practice Deskbook, 4th Ed. (WSBA 2016)
  • Co-Author (with the Honorable Ann Schindler) Outstanding Judge: Ron Cox (KCBA Bar Bulletin, June 2012)
  • Co-Author, Discovery Abuse: Our Supreme Court Holds the Line, WSBA Litigation News (Vol. 23, No. 2, Summer 2011)
  • Author, Profile/Charlie Wiggins: A Tireless Life of Service (KCBA Feb. 2011)
  • Contributing Editor, Washington Appellate Practice Deskbook, 4th Ed. and 3rd Ed. (WSBA 2016, 2005 & Supp. 2010)
  • Co-Author, Basics of Appellate Practice, 15 WASH. PRAC. (1997 Supp.)
  • Co-Author, Editors’ Preface: Predators & Politics: The Dichotomies of Translation in Washington’s Sexually Violent Predator Statute, 15 Univ. of Puget Sound L. Rev. 507 (Spring 1992)
  • Author, Comment: Law in the Electronic Brothel, 15 Univ. Of Puget Sound L. Rev. 415 (1992)

Office Information

Address

241 Madison Avenue North Bainbridge Island, WA 98110

Fax

  • 206-842-6356

Achievements

Other Sources of Feedback About Kenneth W. Masters

Included on the 2024 Washington Super Lawyers list


Past Lists

  • 2023 Washington Super Lawyers list
  • 2022 Washington Super Lawyers list
  • 2021 Washington Super Lawyers list
  • 2020 Washington Super Lawyers list
  • 2019 Washington Super Lawyers list
  • 2018 Washington Super Lawyers list
  • 2017 Washington Super Lawyers list
  • 2016 Washington Super Lawyers list
  • 2015 Washington Super Lawyers list
  • 2014 Washington Super Lawyers list
  • 2013 Washington Super Lawyers list
  • 2012 Washington Super Lawyers list
  • 2011 Washington Super Lawyers list
  • 2010 Washington Super Lawyers list
  • 2009 Washington Super Lawyers list
  • 2008 Washington Super Lawyers list
  • 2007 Washington Super Lawyers list
  • 2006 Washington Super Lawyers list
  • 2005 Washington Super Lawyers list
  • 2004 Washington Super Lawyers list
  • 2003 Washington Super Lawyers list
  • 2002 Washington Super Lawyers list
  • 2001 Washington Super Lawyers list
  • 2000 Washington Super Lawyers list

View the profile for Kenneth W. Masters on Super Lawyers

Honors

  • Top 10 Washington Super Lawyers® Honoree, 2017 – 2024 (“ranked #1” 2019)
  • Fellow, American Academy of Appellate Lawyers, 2010 – present
  • Sustaining Life Fellow, American Bar Foundation, 2014 – present
  • “The Best Lawyers in America,” Appellate Practice, 2010 – present
  • “The Best Lawyers in America,” Appellate Practice, “Lawyer of the Year” – Seattle Appeals – 2022
  • “The Best Lawyers in America,” Appellate Practice, “Top Tier” Appellate, 2013 – present
  • Martindale-Hubble: “AV Preeminent”® Judicial Edition, 1998 – present
  • Top 100 Lawyers in Washington, 2008, 2012 – present
  • Top 10 Appellate Lawyers Honoree, 2009
  • Super Lawyers® Honoree, 2000 – present
  • Recipient, America’s Top 100 Attorneys® – Lifetime Achievement Award
  • America’s Most Honored Lawyers, Top 1%, 2022

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