Averil Rothrock is passionate about appeals. On the trial team, she contributes to each client’s case by helping the team focus on the big picture and positioning the case for appeal. At the appellate level, Averil employs her skill in pursuit of a successful outcome when the dust settles. She pays great attention to detail and theme in every appellate brief, and she is a proven written and oral advocate. Averil handles a breadth of appeals involving commercial and construction disputes, land use planning matters, homeowners’ and condominium owners’ disputes, employment, personal injury, product liability and malpractice defense.
With over 20 years of litigation experience, Averil has fought for her clients’ interests in more than 40 appeals in Washington’s Court of Appeals and 14 proceedings before the Washington State Supreme Court. She also regularly practices in the Ninth Circuit Court of Appeals. Averil is a recognized advocate in the local appellate community, having chaired the Appellate Section of the King County Bar Association in 2012-2013. She is a member of Washington Appellate Lawyers Association, a statewide association of experienced appellate counsel admitted by application only.
Averil also helps clients who are not parties in a case use the amicus curiae process to provide input on issues of concern in their industry.
Appeal Prosecution and Defense
- Extensive motion practice, briefing and Ninth Circuit appeal on behalf of a general government contractor defending claims under the False Claims Act, an area of increasing litigation against contractors.
- Successful defense of general contractor against claims by a subcontractor on the basis of Oregon’s licensure bar.
- Has handled numerous appeals under the Land Use Protection Act, including defending permits issued to developers and challenging the denial of permits all the way to the Washington State Supreme Court.
- Secured reversal and remand of a $25 million judgment against guarantors based on choice of law issues.
- Secured reversal of the invalidation of an amendment to condominium’s governing documents through a unanimous Washington State Supreme Court decision.
Other notable subject areas of recently reported Washington decisions include defense of a jury verdict against charges of juror misconduct, representation of criminal defense attorneys in a malpractice claim involving Washington’s “actual innocence rule,” challenge to subject matter jurisdiction in a contract dispute involving an Indian tribe, choice of law issues in a security dispute and defense of governing documents of a condominium homeowners’ association.
Amicus Curiae Filings
- Represents clients concerned with issues including the jurisdiction of port districts, interpretation of the Washington Condominium Act, and enforcement of secured guaranties.
Memberships & Awards
- King County Bar Foundation, Board Member (2016-present)
- King County Bar Association Appellate Section Chair (2012-2013)
- King County Bar Association, Member
- Washington State Bar Association, Member
- Federal Bar Association, Member
Washington Appellate Lawyers Association, Member. This Association includes practitioners who have been lead counsel in at least 25 appeals and presented oral argument in a minimum of 15 appeals.
- Willamette University College of Law, Van Winkle Scholarship for Excellence in Constitutional Law (1992)
Resources & Ideas
Seminars & Speaking Engagements
- Drafting Effective Amicus Briefs; Soliciting and Coordinating Amici Curiae; Working With the Government as Amicus Curiae in Your CaseOctober 12, 2017
- Co-Chair & Moderator, “Appellate CLE: Seasoned Professionals and Judges Share Their Practice Tips and Lessons Learned," King County Bar AssociationSeptember 29, 2017
- Speaker, “Supersedeas Procedures and Considerations in Washington State Courts,” King County Bar Association Appellate SectionFebruary 2017
- Panelist, “Winning on Appeal: Settlement and Argument Preparation with Former Judges,” Washington State Bar AssociationNovember 2016
- Speaker, “Winning Your Appeal at Trial: Tips on Preservation and Avoiding Error,” Washington State Bar Association Solo & Small Practice SectionSeptember 2016
“Conversation on Sanctions for Sexist Remarks: Don’t Overlook Obnoxious, Demeaning Behavior,” Presented to WDTL Women’s Commission, May 2016
Speaker, “Strategic Use of Amicus Briefs in Appellate Advocacy,” Strafford Webinar, April 2016
Speaker, Seattle University School of Law CLE, "Appeals in Washington: Judges & Lawyers in Conversation," April 2015. Speaking topic: ethics
Speaker, OSB/WBS CLE, "Any Port in a Storm: Stays of Agency Orders Pending Judicial Review," pages 203-258, September 2014
- NW Lawyer, September 2017
- NW Lawyer, March 1, 2016
- King County Bar Bulletin, June 1, 2013
- WSBA Bar News, November 9, 2012
- KCBA Bar Bulletin, November 7, 2011
- DRI Today, January 1, 2011
- KCBA Bar Bulletin, October 1, 2010
- KCBA Bar Bulletin, August 1, 2010
- WSBA Civil Rules Drafting Task Force, Member and Subcommittee chair (2017-present)
- King County Bar Foundation Trustee (2016-present)
- ACLU, Pro Bono Lawyer (2015-present)
- Garfield High School PTSA, Member (2015-present)
- Grandmothers Against Gun Violence, Pro Bono Lawyer (2013-present)
- Seattle Humane Society, Volunteer (2014-2016)
- McGilvra Soccer, Coach (2007-2016)
- French American School of Puget Sound, Room Parent (2005-2016)
- Volunteer Advocates for Immigrant Justice, Pro Bono Lawyer (2007-2009)
- Colorado CollegeBachelor of Arts degree, cum laude (1991)
- Willamette University College of LawJuris Doctor degree, cum laude (1994); Associate Editor, Willamette Law Review
Washington State Courts
United States District Court, Eastern District of Washington
United States District Court, Western District of Washington
United States Court of Appeals, Federal Circuit
United States Court of Appeals, Ninth Circuit
United States Court of Federal Claims
Outside The Office
- Adventurous travel with my husband and two teenagers, including recent trips to sail the Cyclades, Greece, and explore amazing U.S. national parks.