Indiana CLE Course Catalog

And Then There is FRAUD

Price: $19.99

This course is an examination of FRAUD and an analysis of legal trends and legislative solutions intended to bring attention to today's legal practitioners, through real-world examples, of the dangers of swatting, deep fakes, crypto-currency, and other fraud on the internet and other routine transactions, to better protect their clients and improve quality of life.

Credits:

Course Agenda:

Course Presenter(s):

• Greg Woods, J.D.

Artificial Intelligence and Electronic Discovery

Price: $19.99

This course about Electronic Discovery and Artificial Intelligence in Practice of Law will explore ten topics that are relevant to attorneys. First, the course will explore ai-powered document review for legal discovery efficiency. Next, the course will investigate predictive coding in e-discovery: accuracy and ethical implications. The course will then explore using machine learning to identify privileged information. After this, the course will investigate automating legal hold notices with artificial intelligence. Next, the material will cover evaluating ai algorithms for relevance in e-discovery processes. The course will then turn towards impact of ai on e-discovery costs and time management. Next, the course will investigate challenges of integrating ai in small law firms' e-discovery. The course will then explore regulatory compliance for ai use in legal e-discovery. Lastly, the material will cover data privacy concerns in ai-driven e-discovery procedures.

Credits:

Course Agenda:

• AI-Powered Document Review for Legal Discovery Efficiency
• Predictive Coding in E-Discovery: Accuracy and Ethical Implications
• Using Machine Learning to Identify Privileged Information
• Automating Legal Hold Notices with Artificial Intelligence
• Evaluating AI Algorithms for Relevance in E-Discovery Processes
• Impact of AI on E-Discovery Costs and Time Management
• Challenges of Integrating AI in Small Law Firms? E-Discovery
• Regulatory Compliance for AI Use in Legal E-Discovery
• Data Privacy Concerns in AI-Driven E-Discovery Procedures

Course Presenter(s):

• Berry Crawford

Attorney Civility and Professionalism

Price: $19.99

Why is this important? The adversarial process can be taken to extremes, to where it may become an internal aspect of a firm's culture. This obstructs the kind of cooperation that can ease and expedite workloads. It's also been shown to create a level of stress that is extremely unhealthy; including life-threatening issues. Furthermore, we've all heard the expression ?you catch more flies with honey,? and yet the singular adversarial approach works against this. We need to recognize that this approach is only one tool in the toolbox, and you have access to many more. In addition, adding these tools will positively impact your success, health, and income.

Credits:

Course Agenda:

• I. The Problem - Working too hard for stable income.
• II. The Solution - supercharging our negotiating skills.
• III. Implementation
• A. Mind Prep ? The Empty Cup (synopsis of the Koan)
• 1. Tempo / Pace - The Cues.
• 2. Primary Processing Center (fear, need, control)
• 3. Thinking vs. Emotions in decision-making
• IV. Summary
• A. Adjusted Responses

Course Presenter(s):

• Russell Jackman, Esq.
• Ian Blei

Coming to America and Staying: Immigration Law Basics

Price: $19.99

At the forefront of the news and a subject that is intensely controversial for both foreigners and citizens is the topic of Immigration laws in the United States. However, many people do not know the inner workings of the system or what the immigration laws of the United States really means for people trying to come in legally to the USA. This lecture will cover those basics and give the attendee the status of where we are today when it comes to the topic of Immigration.

Credits:

Course Agenda:

• Immigration and Nationality Act
• Family Based Immigration
• Employment Based Immigration
• Refugees and Asylum
• Other forms of relief
• US Citizenship
• U-VISA
• What happens if you don?t follow the rules?
• Prosecutorial Discretion
• The Future Of DACA
• What is the current status of DACA?
• Conclusions

Course Presenter(s):

• Russell Jackman, Esq.

Common HR Concerns in the Workplace

Price: $19.99

In "Common HR Concerns in the Workplace," HR specialist and business consultant Ginny Kuehl, and attorney Russell Jackman discuss specific HR issues affecting law offices, identify issues of Violence and Sexual Harassment in the Workplace in all businesses and provide a review of OSHA and other rules and regulations of which lawyers should be aware. They offer valuable advice on how to recognize and address workplace Violence and Sexual Harassment situations so as to minimize risks for employers and employees alike.

Credits:

Course Agenda:

• Sexual Harassment/Hostile Work Environment/ Bullying
• Can be a claim for hostile work environment and lead to workplace violence
• Negative Health Consequences of Bullying
• WOKPLACE VIOLENCE & A PREVENTION PLAN
• Root Causes
• A good predictor of future behavior is past behavior ? be aware
• Behaviors of concern
• WOKPLACE VIOLENCE PREVENTION PLAN
• Who is Covered?
• Create a Workplace Violence Prevention Plan
• Incorporate Injury and Illness Prevention Program Requirements
• Train Employees
• Record Incidents of Violence
• Properly Maintain Records

Course Presenter(s):

• Russell Jackman, Esq.
• Ginny Kuhel

Computer Security Trends for Attorneys and Law Offices

Price: $19.99

In keeping with the intent of the ABA Rules, it is important for all attorneys to stay up to date on matters of material importance to their practice, this discussion updates our previous program informing attorneys about the ongoing trends in Legal Technology for Computer Security Trends. This will include discussion about the 2023 ABA Resolutions 608-610, the increasing use of AI for both positive and negative uses in the legal realm, the upcoming transition from windows 10 to windows 11 and some tips/trends to keep an eye on in the near future.

Credits:

Course Agenda:

• Trends in Computer Security in the Mid 2020?s
• ABA Meeting 2023 ? Resolutions 608-610
• Other trends in computer security
• Survey Results Show AI Dominates
• The use of AI brings many benefits to firms
• Safeguards for AI
• The Rise of Quantum Computing and Its Impact on Cybersecurity
• Windows 10 Transition to Windows 11
• Conclusions: Top Cybersecurity Tips for Attorneys

Course Presenter(s):

• Russell Jackman, Esq.

Cyber Security Concerns and Solutions for the Law Office

Price: $19.99

The increases computer usage since the onset of the Pandemic plus new challenges created by new technologies has created significant threats towards attorneys and their clients. This program helps attorneys meet their ethical ABA model rule 1.1 requirements while getting vital information to help them safeguard their practice and their clients.

Credits:

Course Agenda:

Demystifying Computers for Attorneys

Price: $19.99

This basic lecture helps attorneys understand the components and roles of the different types of technology available or present in the law office, what to look for as far as stats and performance is concern

Credits:

Course Agenda:

• ABA Rule 1.1: Competence
• What IS a computer?
• What are computers made of?
• What are peripherals?
• Storage
• OPERATING SYSTEMS
• Printers & Scanners & OCR
• Internet Types + Security
• How to get the most out of your computer
• Online Meetings
• Document Formation
• Other Internet uses

Course Presenter(s):

• Russell Jackman, Esq.

Digital Millennium Copyright Act

Price: $19.99

This lecture discusses the background and substance of the Digital Millennium Copyright Act, case law surrounding it and what the implications of the DMCA are currently, plus what it might mean for the future of the Internet and Intellectual Property.

Credits:

Course Agenda:

• What is the DMCA?
• DMCA CASES
• DMCA Penalties
• Is the DMCA Successful?
• Conclusions

  Course Presenter(s):

  • Russell Jackman, Esq.

Economic Analysis in Employment Matters

Price: $19.99

Dr. Jouganatos discusses the appropriate benefits to include in loss calculations, the discount rate, wage growth rate, earnings basis, present value calculations, mitigation issues including inferior employment, and hearsay problems as well as adverse tax consequences of a lump-sum award or settlement. Methods of computing loss of benefits and pensions, are discussed, among other issues. He also discusses his approach when undertaking cases. Through this course, attorneys will have a greater understanding of the elements of economic analysis in employment matters.

Credits:

Course Agenda:

• Compensatory Damages
• Loss of earnings (all forms of compensation) past and future Benefits, including pension.
• No loss of Social Security possible
• The Calculations
• Historic Loss ('back pay')
• Present Value of Future Loss ('front pay')
• The Main Components
• Worklife
• Discount Rate
• Net discount rate
• Tax issue
• Wage growth rate
• Inflation rate
• Salary or compensation basis
• Other Issues
• Pension
• Health Benefits
• Social Security
• Unused vacation
• Mitigation of loss
• Taxes
• Punitive Damages
• Economic analysis only in assessing defendant's financial condition
• Credit Score Damage

Course Presenter(s):

• George Jouganatos

Electronic Discovery and the Cloud in the Practice of Law

Price: $19.99

This course about electronic discovery and the cloud in practice of law will explore ten topics that are relevant to attorneys. First, the course will explore legal implications of cloud storage in electronic discovery. Next, the course will investigate data privacy challenges in cloud-based electronic discovery. The course will then explore preservation obligations in cloud-stored electronic evidence. After this, the course will investigate accessing and securing cloud data in legal investigations. Next, the material will cover compliance with esi protocols in cloud environments. The course will then turns towards impact of gdpr on U.S. cloud discovery practices. Next, the course will investigate authenticity verification of cloud-stored legal documents. The course will then explore cloud service provider agreements in ESI management. The course will next investigate legal ethics in using cloud platforms for ediscovery. Lastly, the material will cover cost-effective cloud solutions for small law firms.

Credits:

Course Agenda:

• Legal implications of cloud storage in electronic discovery.
• Data privacy challenges in cloud-based electronic discovery.
• Preservation obligations in cloud-stored electronic evidence.
• Accessing and securing cloud data in legal investigations.
• Compliance with ESI protocols in cloud environments.
• Impact of GDPR on U.S. cloud discovery practices.
• Authenticity verification of cloud-stored legal documents.
• Cloud service provider agreements in ESI management.
• Legal ethics in using cloud platforms for eDiscovery.
• Cost-effective cloud solutions for small law firms.

Course Presenter(s):

• Berry Crawford

Employment Law Facts Every Virginia Attorney Should Know

Price: $19.99

Several new laws went into effect in 2020 that shifted Virginia from a from a pro-employer state to a decidedly pro-employee state. The new laws create a much greater risk of liability for employers. This course is designed to get attorneys up to date with this new regulatory landscape and discusses both civil and criminal liabilities that employers may face. Topics include independent contracting, liabilities for unpaid wages, discrimination liabilities, the pros and cons of arbitration, pregnant employee rights and numerous other important legal issues.

Credits:

Course Agenda:

• Its not the Old Dominion Anymore
• Independent Contractors Should be a Rarity
• Employees Can Sue for Unpaid Wages
• Companies may be liable for their sub?s unpaid wages
• Discrimination claims will be more common and more difficult to defend
• Arbitration agreements can protect a business
• Companies should implement best practices to reduce discrimination claims
• Minimum wage has gone and may go up more
• Employers must post/distribute pregnancy discrimination/accommodation notices
• Non competes are banned for some employees
• Project Labor Agreements
• Companies will defer payroll tax withholdings at their own risk
• Employers must provide FFCRA paid leave
• New whistleblower protections
• Employees can discuss wages
• Employers should not ask about simple possession of marijuana
• Layoffs, Furloughs and Terminations

Course Presenter(s):

• Anne G. Bibeau, Esq

Ethical Considerations for the In-house Counsel

Price: $19.99

In this course we will look at the ethical issues that are particularly relevant to an organization?s in-house counsel. After a brief overview of what makes the situation of an in-house counsel unique, we will explore specific ABA rules of professional responsibility and look at example cases that illuminate the issues in-house counsels may face. Areas covered are: Confidentiality of Information, Conflict of Interest: Current Clients, Current Clients: Specific Rules, Organization as Client and Unauthorized Practice of Law; Multijurisdictional Practice of Law.

Credits:

Course Agenda:

• ABA Rules of Professional Responsibility
• Confidentiality of Information
• Conflict of Interest: Current Clients
• Current Clients: Specific Rules
• Organization as Client
• Unauthorized Practice of Law; Multijurisdictional Practice of Law

Course Presenter(s):

• Joe Schofield

Ethical Considerations when Marketing and Advertising Legal Services

Price: $19.99

In this course we will look at the ethical considerations that should be followed when lawyers engage in marketing and advertising. First, we examine the history and context of marketing and advertising by attorneys. Next, we look at the ABA Model Rules of Professional Conduct and determine which rules are most relevant to attorney marketing and advertising. Lastly, we explore real world scenarios of these principles in action by investigating specific cases where these issues arose.

Credits:

Course Agenda:

• Overview of Marketing
• ABA Model Rules of Professional Conduct
• Communications Concerning a Lawyer?s Services
• Communications Concerning a Lawyer?s Services: Specific Rules
• Solicitation of Clients
• Case Law

Course Presenter(s):

• David Graulich, Esq.

Ethical Issues - Pro Bono Representation

Price: $19.99

Pro bono legal representation is more critical now than ever with the issues that are with us in the challenges of the economy and Covid 19. This lecture discusses the ethical requirements of providing pro bono representation for under represented clients and why it makes such a big difference to the image and performance of the legal profession.

Credits:

Course Agenda:

• Pro Bono: Definition
• The need for Pro Bono
• CASES
• How to get involved
• Conclusions

Course Presenter(s):

• Russell Jackman, Esq.

Ethics and the Court of Public Opinion

Price: $19.99

Calculated to increase awareness of significant issues impacting the integrity of the legal profession and public trust, the course examines high profile examples of wrongful behavior and traditional notions of moral character. From select sections of the Model Rules of Conduct and terms and concepts from the ethical tradition, it is an informed analysis of questionable decision making under difficult circumstances requiring practitioners to employ the highest standards of care, to preserve the rights and remedies of those they serve and promote the credibility of the justice system.

Credits:

Course Agenda:

Attorneys will benefit from the examination of the Model Rules of Conduct, increase awareness of issues and trends involving professional responsibility, and visit the harmful impact questionable behavior has on the public trust. To better deliver the constitutional imperative and improve their advocacy for the rights and remedies of those they serve, the result delivers a prescription for credibility of the judicial process and integrity of the justice system for practitioners in the United States. The overall value aspires to preserve civil rights, promote dignity of the profession, increase public trust, and improve quality of life.

Course Presenter(s):

• Greg Woods, J.D.

Ethics of Bankruptcy in the Practice of Law

Price: $19.99

This course about ethical issues of bankruptcy in the practice of law will explore ten topics that are relevant to attorneys. First, the course will explore conflicts of interest in bankruptcy client representation. Next, the course will investigate disclosure requirements for attorneys in bankruptcy cases. The course will then explore ethical dilemmas in advising clients about bankruptcy fraud. After this, the course will investigate transparency and honesty in bankruptcy petitions filed by lawyers. Next, the material will cover attorney fees and ethical concerns in bankruptcy proceedings. The course will then turn towards duty of competence in handling bankruptcy matters. Next, the course will investigate confidentiality issues in bankruptcy practice. The course will then explore attorney responsibility in reporting client misconduct in bankruptcy. The course will next investigate fraudulent transfers and lawyer ethical boundaries. Lastly, the material will cover misrepresentation of bankruptcy exemptions by legal practitioners.

Credits:

Course Agenda:

• ABA Rules 1.1, 1.6 and 1.7
• Conflicts of Interest in Bankruptcy Client Representation
• Disclosure Requirements for Attorneys in Bankruptcy Cases
• Ethical Dilemmas in Advising Clients About Bankruptcy Fraud
• Transparency and Honesty in Bankruptcy Petitions Filed by Lawyers
• Attorney Fees and Ethical Concerns in Bankruptcy Proceedings
• Duty of Competence in Handling Bankruptcy Matters
• Confidentiality Issues in Bankruptcy Practice
• Attorney Responsibility in Reporting Client Misconduct in Bankruptcy
• Fraudulent Transfers and Lawyer Ethical Boundaries
• Misrepresentation of Bankruptcy Exemptions by Legal Practitioners

Course Presenter(s):

• Victor Perri, Esq

FOIA: Freedom of Information Act - 2021 Update

Price: $29.99

Presentation Goals: To help attorneys - in all fields of practice - learn how to more successfully navigate the FOIA process to better support their clients

Credits:

Course Agenda:

• The phases/steps of the FOIA process
• Background and Purpose of FOIA
• Practical tips to increase the success of a FOIA request
• Provide practical tips for the administrative appeal and judicial review phases
• Increase the likelihood of a reasonable attorneys? fees shift award

Course Presenter(s):

• Pete Sorenson

Free Expression and Social Media

Price: $19.99

More than ever we are seeing current events that are drawing conflicts between the First Amendment and Social Media-- should Social Media be regulated? If so, should it be done by the company or by the government? And how much regulation is too much? These and many more questions will be investigated by this seminar.

Credits:

Course Agenda:

• The Core of Free Speech: The First Amendment
• What Is Social Media?
• The Social Media Phenomenon
• Social Media is more than just chatting
• COMMERCIAL SPEECH CAN BE REGULATED
• Is Social Media = The New Town Square?
• Facebook Censorship
• Twitter Censorship
• Trump vs Twitter
• Trump vs Twitter: Executive Order
• REAL LIFE FB CENSORSHIP
• Which way do we go from here?
• Questions to Ponder

Course Presenter(s):

• Russell Jackman, Esq.

Google LLC v. Oracle America Inc.

Price: $29.99

One of the most important copyright and fair use cases of our time has been Google LLC v. Oracle America, Inc. This case has worked its way through many levels of courts while examining two key concepts: Are Application Programming Interfaces copyrightable and if they are, is copying them fair use? This course looks at these two concepts in detail and provides arguments from Oracle's and Google's advocates on both key topics.

Credits:

Course Agenda:

• Background and Technical Context
• Two important issues
• Arguments that APIs are copyrightable
• Arguments that APIs are not copyrightable
• Fair Use Doctrine
• Arguments that Android using the API was fair use
• Arguments that Android using the API was not fair use

Course Presenter(s):

• Michael Carroll

Implicit Bias and Bias Identification Strategies

Price: $19.99

Attorney Steven Nielsen focuses on bias-reduction strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases he addresses are "Heightism," and "Elitism." He discusses the impact these biases have on the legal profession and society writ large.

Credits:

Course Agenda:

• Initial Discussion ? Biases
• Definitions of Bias
• Why does humanity face this challenge?
• Advantages of being in a group
• The Robber?s Cave Experiment
• Types of Implicit or unconscious bias
• Explicit Bias
• Impact of Implicit, Explicit and Systemic Bias on the Legal System
• Actionable steps licensees can take to recognize and address their own implicit biases
• Height Discrimination ? Heightism
• Elitism Bias
• Ageism
• Distinguished Surname Bias or, simply, Name Bias
• Caste Bias
• Financial Bias
• The protected classes are just a start
• Can we learn to withhold judgment ?

Course Presenter(s):

• Steven A Nielsen

Implicit Bias and Bias-Reduction Strategies

Price: $19.99

Having presented MCLE programs in the areas of "Elimination of Bias in the Legal Profession" and "Diversity, Inclusion and Equity" for over a decade, attorney Steven A. Nielsen has witnessed the importance of these issue grow, along with the statistical data and measurement of progress. In this presentation, Mr. Neilsen focuses on "Implicit Bias," and the promotion of bias-reducing strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases which he addresses are "Ageism," and "The Halo Effect." He discusses the impact these biases have on the legal profession and society writ large, on individual lawyers and their practices, and scenarios in which they can impact the courtroom and the law firm workplace.

Credits:

Course Agenda:

Course Presenter(s):

• Steven A Nielsen

Neurobiology, Mindfulness and Mental Health in the Practice of Law

Price: $19.99

Practicing attorneys tend to suffer from mental health symptoms and disorders at a higher rate than society at large. The pressures and dynamics of this profession can be and often are intense. In this course we look at mindfulness practice as a proven solution to deal with these challenges. We look at mental health and mindfulness through the lens of their underlying neurological correlates and explore how mindfulness is an evidenced-based solution. We close the course with practical considerations in applying mindfulness principles to law practice.

Credits:

Course Agenda:

• The Extent of Mental Health Issues in the Practice of Law
• How To define Mental Health
• The Core Neurological Basis of Depression and Anxiety
• Is there a Solution?
• How Mindfulness Works
• Bringing Mindfulness into the Practice of Law

Course Presenter(s):

• Berry Crawford

NLRB Update

Price: $19.99

Labor law is currently in the news. High profile campaigns and issues involving many businesses we frequent are in the public eye. Because labor law has a broader scope and greater impact than many practitioners may realize, this program will address recent developments at the National Labor Relations Board on a variety of issues. The focus will be on several areas, including case rulings, expanding remedies for unlawful conduct, hot topic issues, as well as potential change to come through legislation, policy, and regulations. Even if you do not regularly practice before the National Labor Relations Board, this program provides insight on issues on NLRB's agenda which touch upon areas practitioners may have considered to be exclusively regulated by state or federal employment law.

Credits:

Course Agenda:

Areas of Development
• Case rulings
• Remedies
• Regulations
• Legislation

Cases
• American Steel (372 NLRB No. 23)
• ArrMaz Products (372 NLRB No. 12)
• Bexar Performing Arts Center (372 NLRB No. 28)
• Grill Concepts (372 NLRB No. 30)
• McLaren Macomb (372 NLRB No. 58)
• RAV Truck (372 NLRB No. 25)
• Sunbelt Rentals (372 NLRB No. 24)
• T-Mobile (371 NLRB No. 163)
• Tesla (371 NLRB No. 131)
• Thryv, Inc. (372 NLRB No. 22)
• Troutbrook Company (372 NLRB No. 26)
• Valley Hospital (371 NLRB No. 160)
• AFL-CIO v. NLRB
• NLRB v. Aakash

Pending Cases of Interest
• Stericycle - NLRB Case 4-CA-137660 on employee handbooks and workplace rules
• The Atlanta Opera - NLRB Case 10-RC-276292 on employee versus independent contractor status
• Amazon.com Services LLC - NLRB Case 29- CA-292392 on employer holding mandatory "captive audience" meetings
• Black Lives Matter cases
• Starbucks and injunction
• Amazon elections and charges
• And more

• Remedies
• Regulations
• Legislation
• Policy Efforts
• Landscape and Conclusion

Course Presenter(s):

• Thomas A. Lenz

Preparing Your First Appeal: From Opening Brief to Oral Argument

Price: $19.99

This course provides a comprehensive overview of the appellate process in civil law, emphasizing its significance for solo and small practice litigators. It covers fundamental aspects such as what decisions can be appealed, the distinctions between trial and appellate courts, and the procedural rigor required in appellate practice. The discussion includes key considerations for deciding whether to appeal, ethical responsibilities in advising clients, and the importance of timely communication. It also addresses practical elements like filing notices of appeal, the structure of opening briefs, and the critical role of oral arguments. Additionally, this course highlights the necessity of understanding local court rules, maintaining a high-level tone, and being precise with citations. It underscores the importance of protecting a trial win and provides insights through the case study of Pinter-Brown v. Regents of the University of California, illustrating the complexities and strategic considerations inherent in the appellate process.

Credits:

Course Agenda:

• The Appeal Process
• When Should an Advocate File an Appeal?
• When You Protect a Win on Appeal
• Logistics and Deadlines
• Writing the Opening Brief
• Standard of Review
• Be Sure to Specify What You are Asking For
• Protecting a Win
• Oral Argument
• Pinter-Brown v. Regents of the University of California

Course Presenter(s):

• David Graulich, Esq.

Reinvigorating the Lawsuit

Price: $19.99

Thomas Moukawsher, an experienced federal litigator and retired Connecticut complex litigation judge, shares lessons from his 40 years of trying cases in courts across the country. The lessons are based on Judge Moukawsher's 2023 book, The Common Flaw, Needless Complexity in the Courts and 50 Ways to Reduce It. The course confronts litigation flaws with practical solutions, beginning with the filing of the complaint and running through appeals court strategies and briefing.

Credits:

Course Agenda:

• The best complaints are comprehensible rather than needlessly comprehensive.
• Why summary judgment is the best pre-trial motion.
• Prepare to present your case, not needless motions in limine.
• Use trial admissions to focus the trial on the dispute, not the undisputed.
• Eliminate needless exhibits. They smother the important ones.
• Don't waste money on needless expert testimony.
• Propose a time clock.
• Make a point, not a muddle with prior testimony.
• Cross examine crisply, crushingly or not at all.
• Humanize overstuffed, bewildering jury charges and interrogatories.
• Substitute longer closing arguments for post-trial briefs.
• Make your brief writing literary, not technical.
• Choose appellate issues on quality rather than quantity.
• Rethink the billable hour.

Course Presenter(s):

• Thomas G. Moukawsher

Rule 1.1 Competence - A Case Law Exploration

Price: $19.99

The American Bar Association (ABA) Model Rules of Professional Conduct, first adopted in 1983, represent a comprehensive framework for ethical legal practice in the United States. ABA Rule 1.1: Competence is a fundamental ethical requirement in the American Bar Association's Model Rules of Professional Conduct that mandates lawyers to provide competent representation to their clients. Competence means having the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. This rule underscores the importance of lawyers maintaining their legal skills through continuous study and education. It ensures that clients receive professional and adequate legal services, protecting their legal rights and interests. Violations of this rule can lead to disciplinary actions against lawyers, emphasizing the rule's critical role in maintaining the integrity and quality of the legal profession. This course will explore different facets of this rule by examining important cases such as Strickland v. Washington (1984), Nix v. Whiteside (1986), and Roe v. Flores-Ortega (2000).

Credits:

Course Agenda:

• ABA Model Rules of Professional Conduct Overview
• Rule 1.1: Competence Overview Discussion
• Strickland v. Washington (1984)
• Nix v. Whiteside (1986)
• Strickland v. Washington (1984)
• Roe v. Flores-Ortega (2000)
• Padilla v. Kentucky (2010)
• Rompilla v. Beard (2005)
• Wiggins v. Smith (2003)
• Bell v. Cone (2002)
• Mickens v. Taylor (2002)
• Florida v. Nixon (2004)
• Williams v. Taylor (2000)
• United States v. Cronic (1984)
• Togstad v. Vesely, Otto, Miller & Keefe (1980)
• Jones v. Barnes (1983)
• Cuyler v. Sullivan (1980)
• Burger v. Kemp (1987)
• Smith v. Murray (1986)
• Evitts v. Lucey (1985)
• Kimmelman v. Morrison (1986)

Course Presenter(s):

• Victor Perri, Esq

Security and Confidentiality for Providing Legal Services Remotely

Price: $19.99

For lawyers, securing client information is of paramount importance and there can be severe risks that come from not doing so. However, most law firms are not adequately prepared in terms of cybersecurity because they do not invest in the tools necessary to prevent the inadvertent disclosure of, or unauthorized access to, client data. Failure to do so can be devastating for any law firm and the shift to working remotely due to COVID-19 has exacerbated the probability of these problems occurring. This program aims to elucidate the importance of cybersecurity for attorneys who are providing legal services from home and how to protect that legal data from potential cyberattacks.

Credits:

Course Agenda:

• Why Cybersecurity?
• Lawyer's Reasons for Cybersecurity
• Model Rules of Professional Conduct
• ABA Formal Opinion 477
• Lawyers? Legal Obligations
• Client Business Areas
• Top Security Risks for Law Firms
• Internal vs. External Risk
• Cybersecurity Preparedness in Law Firms
• How to Eliminate High Cyber Risk Vector
• Cybersecurity Safeguards
• Cybersecurity Habits
• Vendor Review - ABA Formal Opinion 08-451
• Secure Data
• Use Passwords Intelligently
• Make it Hard to Unlock with 2FA
• Use Secure Communication Channels
• Backups
• How to Recover from a Cyber Incident
• ABA Formal Opinion 483
• Cybersecurity Insurance
• Virtual-lawyering Risks
• CLSMF Experience
• Initial Considerations for Success
• What Helps
• Control #1: Inventory & Control Hardware Assets
• Control #2: Inventory & Control Software Assets
• Top Threats in 2020
• Top Mitigations to Implement in 2020

Course Presenter(s):

• Joshua Lenon

Sexual Harassment, Attorneys and Social Media

Price: $19.99

Recent events show that the issue of sexual harassment in all areas, specifically the legal field, needs to be addressed. This discussion addresses the costs of sexual harassment, how the growth of social media can create harmful sexual harassment situations and how attorneys can utilize social media to help fight it.

Credits:

Course Agenda:

• Sexual Harassment: The Numbers
• The Costs of Harassment
• ABA Rule 8.4 (g)
• Social Media makes it easier to harass
• Yik Yak: A Social Media Harassment Case Study
• What can be done?
• Can Social Media Help?

Course Presenter(s):

• Russell Jackman, Esq.

Succession Planning and the Practice of Law

Price: $19.99

What are a lawyer?s ethical obligations to engage in succession planning? NOTE: While this program primarily uses California Rules and developments to illustrate the issues involved in this important area, the guidance and ethical examples provided are relevant to attorneys in every state, and comparable Opinions and Statutes are found in nearly every jurisdiction.

This discussion-format talk with Russell Jackman, Esq. and Don McCrae, Owner of Your Business Legacy, a specialist in helping attorneys close their practices, addresses the issues that are commonly dealt with by attorneys who may be considering closing their practices, retiring, or changing ownership to someone else. Don and Russ discuss strategies and ideas to deal with the challenges of closing up or migrating ownership of a law practice while still adhering to State Ethical Requirements.

Credits:

Course Agenda:

• What is succession planning?
• Why succession plan?
• Ethical and Moral Responsibilities to Succession Plan
• What are the Risks of NOT Succession Planning?
• Who should succession plan?
• When should I start succession planning?
• Succession planning goals
• The succession planning process
• How do I know my successor will succeed when I?m gone?

Course Presenter(s):

• Russell Jackman, Esq.
• Don McCrea, PhD

The ABCs of the Remote Law Practice

Price: $19.99

Join lawyers Jacob Stein, Diane Camacho, Larry Cohn, and Michael Bono as they delve into the world of remote law practice in this enlightening discussion. Discover the advantages and practical tips for running a successful remote law firm, including:

• Benefits such as reduced overhead costs and reaching a wider client base.
• Overcoming common obstacles like breaking old habits and dispelling misconceptions about professionalism.
• Effective communication strategies for both individual and group meetings.
• Innovative business development tactics like hosting webinars and networking through joint ventures.
• Financial management essentials, including trust account separation and utilizing specialized software for bookkeeping and reporting.
• Embracing technology with cloud storage, practice management software, and document automation tools.
• Leveraging AI legal research and drafting tools like Co-Counsel, Spellbook, and GAVL to boost efficiency. Gain valuable insights from the speakers' own experiences as they share tips for embracing technology and ensuring the security and effectiveness of remote law practices.

Credits:

Course Agenda:

• Best accounting practices, with a focus on software that allows for remote approval of trust, AP and billing actions
• Technology for remote lawyers and firms, including document storage, why VPNs are bad, and best software
• Establishing a strong communication structure
• Developing a unified structure and delegating in a remote setting
• New economic models for remote law firms (virtual and distributed firms)
• The advantages of the new models over the traditional law firm model
• Leveraging AI for enhanced document management, legal research and contract analysis in remote law practices
• Optimizing client engagement and service delivery through AI-driven virtual assistance and predictive analytics
• Bolstering remote law practices with AI-powered e-discovery and knowledge management

Course Presenter(s):

• Jacob Stein, Esq
• Diane Camacho
• Michael Bono
• Lawrence Kohn

The CA Privacy Act: What You Need to Know

Price: $19.99

The California Privacy act was put in place in 2018 but is being enforced now in 2020. Learn about how this law changes your practice and what you can do to prepare your law office and clients to deal with this (and soon to be in many other States) Privacy act, in both a technological & contractual way to avoid pitfalls and clarify with clients how their data will be protected.

Credits:

Course Agenda:

• How did we get here?
• Greater threats than ever before
• Rule 1.6 Confidential Information of a Client
• (a) A lawyer shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives informed consent?
• Rule 1.4 Communication with Clients
• What is the CA Privacy Act
• Who is covered?
• What data is covered?
• What is a Data Broker?
• How do I comply?
• Tech Solutions
• Contractual Solutions
• Why get a specialist?

Course Presenter(s):

• Russell Jackman, Esq.

Trust Account Basics

Price: $19.99

This session will cover the practical aspects of managing Client Trust Accounts in a law firm and what profitability measures lawyers should be reviewing.

• Client Trust Account Protection Program [CTAPP]
• What reports should you have for your trust account?
• How should your trust account be reconciled?
• Common mistakes

Credits:

Course Agenda:

Course Presenter(s):

• Diane Camacho

Update on NLRB Cases, Guidance and Rulemaking

Price: $19.99

Credits:

Course Agenda:

Course Presenter(s):

• Thomas A. Lenz

Use NDR and Compare Alternatives to Earn Your Clients Informed Consent

Price: $19.99

In this engaging session, led by Rob Christopher, AV Preeminent rated litigation attorney, General Counsel and entrepreneur you will learn when and how you can use an innovative approach to address limited stakes cases.

The approach, Neutral Driven (Non-adversarial) Dispute Resolution provides attorneys with an alternative to litigation, arbitration or mediation for cases in which the amount at stake is less than the potential legal costs (attorney and court fees, time and stress) to resolve it.

Based on his 35+ year career as a successful litigator, Rob uses real world examples to demonstrate the ethical reasons to consider NDR as well as the long-term value of incorporating this approach into your practice.

The program includes background on NDR and how it differs from arbitration and media. Rob then describes NDR and give a hands-on demonstration an assessment you can use to determine value of using NDR for a particular case. It concludes with clear guidelines on when and how you can use Neutral Driven Dispute Resolution for long term wins with your clients.

Rob?s entertaining style, innovative and ethical approach to addressing limited stakes (often called "dog cases") make this a must take session for all client-centric attorneys.

Credits:

Course Agenda:

• Why an innovative approach is needed for limited stakes cases
• Growing gap in American Legal System - total cost of litigation
• Assessing the total cost of litigation for your case
• The Neutral Driven Dispute Resolution Process
• How NDR delivers value to client and attorney
• When and how to access NDR to win with your clients
• Common Questions
• Action Plan and Closing

Course Presenter(s):

• Rob Christopher

Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II

Price: $19.99

After recent years in which records have been set for both rain and lack of precipitation, Environmental and Water Law expert Wes Miliband discusses issues which arise when both drought and climate change create conditions over which populations have little control. To help attorneys proactively recognize and address these issues so as to prevent both legal disputes and damage to people and property in the future, Mr. Miliband raises awareness of how, and where, such disputes may arise. He addresses the basic system of water rights, tribal, military and Federal rights, key cases, how local, state and federal water agencies work and long term creative solutions for an uncertain future, such as ocean winds, desalination and other sustainable techniques.

Credits:

Course Agenda:

• Overview and Refresh from Part 1 (October 2021)
• Describe the key drivers behind California?s water system;
• Identify federal, state, and local agencies and their respective roles and responsibilities; and
• Provide an overview of the State?s water rights and water conveyance systems.
• Environmental laws affecting water supply allocation. Recent droughts, storm cycles and other current events impacting water supplies in California

Course Presenter(s):

• Wes Miliband

Weed on the Jobsite: Understanding Virginias Marijuana Legalization

Price: $19.99

This course examines that tapestry of Virginia and Federal laws regarding marijuana and the implications of its use of the jobsite. Thus course first looks at the history of Virginia's drug laws culminating in the decriminalization of small amounts of marijuana. It then looks are Federal laws and how they interact with local Virgina laws. Next, we explore regulations from various federal agencies such as MSHA, OSH and DOT. We then investigate important precedents in case law on this topic. Lastly, we look at best practices that employers should follow.

Credits:

Course Agenda:

• Virginia's Marijuana Laws
• Federal Law
• MSHA
• OSHA
• DOT
• Case Cites
• Employment Considerations

Course Presenter(s):

• Anne G. Bibeau, Esq