November 2019 Curriculum
(*indicates Legal Ethics Credit)
(**indicates Legal Ethics Credit granted in selected states, even those that have not adopted recently amended ABA MPRC Rule 1.1 and associated Comment 8)
Staying Secure Electronically
*November 1, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Jennifer Ellis, Esq.
Your Data Probably Has Been Stolen. Wondering How to Minimize the Chances of it Happening Again?
Like everyone else, lawyers rely heavily on technology to store information. In addition to the everyday
concerns we all have regarding the potential loss or theft of our information, lawyers have the added ethical responsibility of maintaining client confidentiality.
Attendees will learn how their responsibilities under the ABA’s Model Rules of Professional Conduct 1.1 and 1.6 apply to handling and safeguarding their clients’ information.
Presenter Jennifer Ellis, Esq. details real-world data-loss scenarios that have affected lawyers and non-lawyers, and provides specific tips and strategies for attendees to protect both their own and their clients’ data.
She also explains how taking reasonable steps to protect client data can give lawyers a safe harbor (under the ABA’s Model Rules of Professional Conduct) even if a data breach (or loss) does occur.
(This is a “simulive” rebroadcast of a previously recorded presentation. Presenter Ellis will be available during the rebroadcast to answer questions.)
Originally recorded July 26, 2019
Registration fee: $51.00
Jennifer Ellis, Esq.
Jennifer Ellis is a legal ethics attorney in Pennsylvania. She owns the law practice/law firm marketing company Jennifer Ellis, JD, LLC, through which she assists attorneys with their practice management and online presence.
Previously, Jennifer worked with a Philadelphia area personal injury firm, where she practiced legal ethics, managed the firm’s online presence, and oversaw its IT and security consultants. Jennifer also served as the Associate Director of Media Technology with the Pennsylvania Bar Institute, where she organized and presented courses on numerous issues, including law practice management, technology, and ethics. Jennifer speaks and writes throughout Pennsylvania and nationally on issues relating to law practice management, technology, ethics, marketing, and more.
Jennifer wrote the book “Wordpress in One Hour for Lawyers and the Social Media chapter for the book “Solo and Small Firm Legal Technology Guide” – both published by the ABA’s Law Practice Division. For more information about Jennifer, see her website at jlellis.net, find her on Twitter @jle_jd, or email her at jennifer@jlellis.net.
Clean and Effective Communications with Clients, Colleagues and Staff
*November 5, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Irwin Karp, Esq.
Learn the essential elements of clear communications and tips for assuring clear and effective communications with your clients, colleagues, and staff.
Rule 1.4 of the ABA Model Rules of Professional Conduct directs attorneys to “keep the client reasonably informed” about their matters through clear and timely communications. Lawyers who are busy litigating, deal-making, or otherwise advising clients, however, don't always
communicate as well as they should with clients, other lawyers, or their own staff. Their cryptic notes, hurried questions, and unclear instructions can lead to:
- assignments without context
- unfounded assumptions
- failure to provide enough time for clear communications
- hoarding of tasks until the last minute
Attendees will learn how more effective communication can help them avoid:
- wasted time
- rushed jobs
- stress
- frustration
- failure to receive informed consent (as defined by Rule 1.0 of the ABA Model Rules of Professional Conduct) due
to last minute communications
(This is a “simulive” rebroadcast of a previously recorded presentation. Presenter Karp will be available during the rebroadcast to answer questions.)
Originally recorded May 9, 2017
Registration fee: $51.00
Irwin Karp, Esq.
Irwin Karp is a productivity consultant with Productive Time in Sacramento, California. He is also an attorney. Irwin is a graduate of George Washington University law school, worked at the US EPA for a number of years, and was in the private practice of energy & environmental law in California for over 20 years. For the past 13 years, he has conducted training programs and consulted with business, government, bar associations, law firms, and service professions on organizations skills and time management to increase productivity. He has
presented programs in the US and Canada on time management, project management, delegation skills, managing e-mail & smartphones, overcoming multitasking, running effective meetings, and overcoming procrastination. He was a former white water river guide in his youth and continues to raft on western rivers with his group of aging river buddies.
Networking Professionally and Ethically
*November 7, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Roy Ginsburg, Esq.
The practice of law is based on relationships – with clients, potential clients, and referral sources. Personal networking is the best way to create and sustain these relationships. Unfortunately, many lawyers will do anything to avoid networking. The key to successful networking is to find the networking method that matches your personality – the one that makes you feel the most comfortable and confident.
There are as many ways to network successfully as there are individual lawyers. Find yours. Also, remember that networking, unless done correctly, can expose a lawyer to violations of the rules of professional conduct. Find out what you can and cannot do.
This program covers:
- Targeting your best network (Rule 7.3)
- What to say (and avoid saying) when networking (Rule 7.1, 7.3)
- How to "work a room" comfortably (Rule 7.3)
- Can you pick up the tab? (Rule 7.3)
- How to use social media as a networking tool (Rule 7.1, 7.3)
- How to handle referral fees (Rule 1.5)
(This is a “simulive” rebroadcast of a previously recorded presentation. Presenter Ginsburg will be available during the rebroadcast to answer questions.)
Originally recorded February 16, 2016
Registration fee: $51.00
Roy Ginsburg, Esq.
Roy Ginsburg is an attorney in Minneapolis, Minnesota with more than 30 years of experience practicing with large and small law firms, as well as serving as in-house counsel He is now a part- time solo practitioner with a national practice focusing on legal marketing ethics.
For the past 10 years, Roy has also been a coach/consultant for individual attorneys and law firms in the areas of business development, practice management, and strategic and succession planning. In addition, he helps solo practitioners and small law firm owners sell their practices
when approaching retirement.
He regularly presents CLE programs nationwide to bar associations and law firm audiences on these topics. In addition, he blogs at popular sites such as attorneyatwork.com, lawyerist.com, and myshingle.com.
Staying Out of the News: How to Avoid Making the Techno-Ethical Mistakes that Put You on the Front Page
*November 7, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Daniel J. Siegel, Esq.
The adage that all publicity is good is not always true. The press is filled with stories about how lawyers end up in hot water by filing improperly-redacted documents, disclosing confidential information to family and friends, and allowing technological ignorance to prejudice clients.
This program will highlight some infamous technology errors lawyers have made that ran afoul of the Model Rules of Professional Conduct - particularly Rule 1.1 (Comment 8), Rule 1.6, and Rules 5.2 and 5.3. This webinar will also demonstrate how to avoid some of the most common
technology errors that lawyers can make when using popular software such as Microsoft Office and Adobe Acrobat.
(This is a “simulive” rebroadcast of a previously recorded presentation. Presenter Siegel will be available during the rebroadcast to answer questions.)
Originally recorded May 28, 2019
Registration fee: $51.00
Daniel J. Siegel, Esq.
Daniel Siegel wears two hats–he is a practicing attorney and also a full-time technology consultant. As an attorney, Mr. Siegel focuses his practice on trial and appellate court writing; he also handles workers’ compensation matters and serves as a “second chair” for attorneys –
working on the matters that keep them up at night.
Siegel writes, lectures and is a course planner (on a wide range of matters, from civil litigation to writing for attorneys to workers’ compensation to ethics to personal injury matters) for many organizations, including the Pennsylvania Bar Institute, the Pennsylvania and Philadelphia Bar Associations, and the American, Philadelphia and Pennsylvania Trial Lawyers Associations. His column, Recent Appellate Decisions, has appeared for more than 15 years in The Verdict, the monthly publication of the Philadelphia Trial Lawyers Association. He also serves on many Bar Association committees, including the Pennsylvania Bar Association’s Committee on Legal Ethics and Professional Responsibility and the Philadelphia Bar Association’s Professional Guidance Committee. He can be reached at dan@danieljsiegel.com or by phone at (610) 446-3457.
Disorder in the Court: AnAttorney's Guide to Judicial Misconduct
*November 20, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Phillip Bogdanoff, Esq.
Rule 8.3 of the Model Rules of Professional Conduct indicates that “a lawyer who knows that that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.” Rule 8.4 of the Model Rules of Professional Conduct explains that it is professional misconduct for a lawyer to knowingly assist a judge in conduct that is a violation of applicable rules of judicial conduct. Therefore, it is incumbent on every attorney to also be familiar with the rules of Judicial Conduct in the jurisdictions where they appear and the type of conduct that is to be expected from the Bench.
In this presentation, attorneys will gain a working knowledge of the Rules of Judicial Conduct through a review of recent ethics decisions where judges were disciplined for ethical misconduct.
Attorneys will also learn what they can do if they observe judicial misconduct. Past attendees have described this presentation as “educational, engaging, entertaining, lively, informative, humorous, useful and really well done.”
(This is a “simulive” rebroadcast of a previously recorded presentation. Presenter Siegel will be available during the rebroadcast to answer questions.)
Originally recorded May 6, 2019
Registration fee: $51.00
Philip Bogdanoff, Esq.
Philip Bogdanoff is a nationally recognized continuing legal education speaker on the topics of ethics, professionalism, and other related topics. Previously, as an attorney, he served as assistant prosecutor in the Summit County, Ohio Prosecutor’s Office for more than 25 years, beginning in 1981. Mr. Bogdanoff argued cases before the Ohio Ninth District Court of Appeals and twenty cases before the Ohio Supreme Court including six death penalty cases - before retiring as a senior assistant prosecutor.
He is the author of numerous articles on ethics, professionalism and other related legal topics and has taught the members of numerous organizations including the National Association of Legal Administrators, as well as numerous state and local Bar associations, Prosecuting Attorney's Associations, and law firms. More information about Mr. Bogdanoff is available on his Web site at http://www.philipbogdanoff.com/.
8 Mistakes Experienced Contract Drafters Usually Make
*November 26, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Lenne Espenschied, Esq.
Are you making some of the most common errors in drafting contracts? In this session, we’ll consider real examples from recent high-profile transactions of flagrant contract drafting errors that instantly reveal the drafter’s lack of familiarity with best drafting practices and damage his or her credibility. We’ll make practical and imminently useful recommendations to help you avoid these drafting errors, improve the quality of any drafting project and build a stronger personal brand.
In this session, you’ll learn about:
- Why contract drafting is a core competency for virtually all lawyers;
- How drafting competency is often neglected in the pursuit of substantive expertise;
- How flagrant drafting errors damage a lawyer’s reputation;
- How to recognize 8 common contract drafting practices that are actually flagrant errors;
- Highly practical, effective techniques to avoid these flagrant errors and significantly improve your contract drafting expertise.
(This is a “simulive” rebroadcast of a previously recorded presentation. Presenter Siegel will be available during the rebroadcast to answer questions.)
Originally recorded November 14, 2016
Registration fee: $51.00
Lenné Eidson Espenschied, Esq.
Lenné Eidson Espenschied practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. Now, she is a national speaker who has trained thousands of lawyers in the U.S. and Canada in the art of legal drafting through continuing legal education seminars for bar associations, law firms, and corporate legal departments. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 2 nd Ed. 2015) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011).
After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice in the Atlanta office of Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.
Me Too: Sexism, Bias, and Sexual Misconduct in the Legal Profession
*December 12, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Philip Bogdanoff, Esq.
As the "Me Too" movement shines a light on sexual misconduct and sexually inappropriate actions, it's time for lawyers of both genders to examine the effects of this kind of conduct in the legal community. When speaking on this issue, presenter Philip Bogdanoff has found that sexual misconduct and bias is a recurrent issue in our judicial system and that many attorneys are hesitant to report this misconduct.
As a Summit County Assistant Prosecutor in Akron, Ohio, Bogdanoff was shocked to learn that a respected Judge he had appeared before had made sexually inappropriate comments to two young female assistant Summit County prosecutors, including one of Bogdanoff's former law clerks. The same Judge also attempted to kiss a defense attorney in his chambers and was sexually inappropriate with other females in the Court system. One prosecutor was so upset by this conduct she avoided this courtroom and found male prosecutors to represent the State before this judge. The Judge was eventually forced to resign and was disciplined for this misconduct.
In this presentation, Bogdanoff will review disciplinary cases involving inappropriate sexual conduct by judges, prosecutors, and attorneys. This interactive presentation even gives you the chance to pit your opinions about the violations against the actual rulings by the Ethics review boards in each case.
(Originally Recorded April 25, 2018)
Registration fee: $51.00
Philip Bogdanoff, Esq.
Philip Bogdanoff is a nationally recognized continuing legal education speaker on the topics of ethics, professionalism, and other related topics. Previously, as an attorney, he served as assistant prosecutor in the Summit County, Ohio Prosecutor’s Office for more than 25 years, beginning in 1981. Mr. Bogdanoff argued cases before the Ohio Ninth District Court of Appeals and twenty cases before the Ohio Supreme Court including six death penalty cases - before retiring as a senior assistant prosecutor.
He is the author of numerous articles on ethics, professionalism and other related legal topics and has taught the members of numerous organizations including the National Association of Legal Administrators, as well as numerous state and local Bar associations, Prosecuting Attorney's Associations, and law firms. More information about Mr. Bogdanoff is available on his Web site at http://www.philipbogdanoff.com/.
December 2019 Curriculum
(*indicates Legal Ethics Credit)
(**indicates Legal Ethics Credit granted in selected states, even those that have not adopted recently amended ABA MPRC Rule 1.1 and associated Comment 8)
Me Too: Sexism, Bias, and Sexual Misconduct in the Legal Profession
*December 12, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Philip Bogdanoff, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
As the "Me Too" movement shines a light on sexual misconduct and sexually inappropriate actions, it's time for lawyers of both genders to examine the effects of this kind of conduct in the legal community. When speaking on this issue, presenter Philip Bogdanoff has found that sexual
misconduct and bias is a recurrent issue in our judicial system and that many attorneys are hesitant to report this misconduct.
As a Summit County Assistant Prosecutor in Akron, Ohio, Bogdanoff was shocked to learn that a respected Judge he had appeared before had made sexually inappropriate comments to two young female assistant Summit County prosecutors, including one of Bogdanoff's former law
clerks. The same Judge also attempted to kiss a defense attorney in his chambers and was sexually inappropriate with other females in the Court system. One prosecutor was so upset by this conduct she avoided this courtroom and found male prosecutors to represent the State
before this judge. The Judge was eventually forced to resign and was disciplined for this misconduct.
In this presentation, Bogdanoff will review disciplinary cases involving inappropriate sexual conduct by judges, prosecutors, and attorneys. This interactive presentation even gives you the chance to pit your opinions about the violations against the actual rulings by the Ethics review
boards in each case.
(Originally Recorded April 25, 2018)
Registration fee: $51.00
Philip Bogdanoff, Esq.
Philip Bogdanoff is a nationally recognized continuing legal education speaker on the topics of ethics, professionalism, and other related topics. Previously, as an attorney, he served as assistant prosecutor in the Summit County, Ohio Prosecutor’s Office for more than 25 years,
beginning in 1981. Mr. Bogdanoff argued cases before the Ohio Ninth District Court of Appeals and twenty cases before the Ohio Supreme Court including six death penalty cases - before retiring as a senior assistant prosecutor.
He is the author of numerous articles on ethics, professionalism and other related legal topics and has taught the members of numerous organizations including the National Association of Legal Administrators, as well as numerous state and local Bar associations, Prosecuting Attorney's Associations, and law firms. More information about Mr. Bogdanoff is available on his Web site at http://www.philipbogdanoff.com/.
To Indemnify, or To Hold Harmless?
*December 13, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Lenné Espenschied, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
How have recent cases influenced best practices in drafting indemnification provisions? What is the distinction between “indemnify,” and “hold harmless”? Are your indemnification provisions providing the best possible protection for your client? In this session, we’ll consider recent cases and make practical recommendations for improving these high-risk provisions.
In this session, you’ll learn about:
- The traditional meaning and purposes of indemnification in contracts;
- What recent cases tell us about the meaning of “hold harmless”;
- How first-party claims are sometimes allowed under the auspices of “indemnification”; and
- Strategies for drafting better indemnification provisions.
Originally recorded November 14, 2016.
Registration Fee: $51.00
Lenné Eidson Espenschied, Esq.
Lenné Eidson Espenschied practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. Now, she is a national speaker who has trained thousands of lawyers in the U.S. and Canada in the art of legal drafting through continuing legal education seminars for bar associations, law firms, and corporate legal departments. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 2nd Ed. 2015) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011).
After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice in the Atlanta office of Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.
Clarence Darrow: Crimes, Causes and the Courtroom
*December 23, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Graham Thatcher, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
CLE TIME: The webinar features the movie and a filmed panel discussion and runs 3 hours and 15 minutes (including a ten minute and a five minute break). A timed/detailed agenda is also available if you need one for accreditation purposes.
A master of the courtroom stage, who possessed an uncanny understanding of human character, Clarence Darrow was arguably the greatest trial lawyer of the twentieth century. He was an adamant opponent of capital punishment and a passionate proponent of civil and human rights.
Often called the "Attorney for the Damned," he fought for the underdog and took on criminal cases thought to be hopeless. Yet, while commanding respect as a trial lawyer, Darrow was often embroiled in bitter controversy for his unpopular stands on many issues and criticized for his purported unethical professional behavior.
This spellbinding and realistic character portrait of Darrow portrays his deeply held beliefs and hard-fought courtroom battles. Replete with humor, humanity and intense courtroom drama, the movie engages attendees in four of the great defense lawyer's most famous cases between 1910 and 1928: Loeb and Leopold, Henry Sweet, the McNamara Brothers bombing of the LA Times Building and the Scopes "Monkey Trial."
Using Darrow's own thoughts and courtroom summations, the movie explores timeless social, legal and ethical issues and provides a fresh and engaging tool to facilitate discussion of ethical behavior in and out of the courtroom.
Originally Recorded July 2012, with written materials updated June 2019.
Registration Fee: $51.00
GRAHAM THATCHER
Graham Thatcher, who portrays Clarence Darrow, was the Artistic Director and primary performer for Periaktos Productions. Since appearing in his first acting role at five years of age, Graham performed in or directed over 200 community, university and professional theatre productions. He was the co-author and solo performer in Clarence Darrow: Crimes, Causes and the Courtroom, Maxims, Monarchy and Sir Thomas More and Impeach Justice Douglas!, the live CLE Theatre programs and CLE movies of the same titles presented by Periaktos Productions. He was the co-author and director of Thurgood Marshall’ s Coming!, also from Periaktos Productions. Graham authored works on commission and several other plays, including A Dickens Christmas and The Mask of the Jaguar, about the cultural clash between the Maya and Europeans during the Spanish Conquest.
Graham served as a workshop facilitator and consultant in communications and was the creator and facilitator of the Continuing Legal Education programs, “Word of Mouth: A Workshop in the Art and Ethics of Oral Communication for Lawyers” and “The Art of the Law: A Workshop in Professionalism for Lawyers,” for law schools and legal associations.
He held a B.A. from San Francisco State University, an M.A. in Theatre from the University of South Dakota and a Ph.D. in Philosophy from the University of Minnesota. He was been listed in Who's Who in American Education and Outstanding American Educators and was a recipient of the Governor's Award from the Minnesota Council on Quality. Graham was named "National Presenter of the Year for 2006" by the New Mexico Bar Foundation and received the Rushmore Honors Award in the Arts from the Rapid City Area Chamber of Commerce in 2007. He passed away in May of 2018, leaving a decades long legacy in both the performing arts and Continuing Legal Education.
PANELISTS IN THE FILMED DISCUSSION
CHARLES “CHARLIE” ABOUREZK, Esq.
Charlie Abourezk is a Member Partner in the Abourezk Law Firm in Rapid City, South Dakota, primarily representing Indian tribes, tribal organizations and
Native American clients. He is licensed to practice in South Dakota, U.S. District Court
for South Dakota and North Dakota, Eighth Circuit Court of Appeals, U.S. Supreme Court, Rosebud Sioux Tribal Court and Oglala Sioux Tribal Court and currently serves as Justice of the Supreme Court of the Rosebud Sioux Tribe in South Dakota. Charlie is an Adjunct Faculty Member at Black Hills State University (Sociology and American Indian Studies), South Dakota State University (Ph.D. Program) and Oglala Lakota College (Graduate Program in Lakota Leadership) and also serves as a consultant to mental health, treatment and school facilities in group psychology, group dynamics and conflict resolution.
Charlie is also a filmmaker and was the writer, producer and director of It Can Happen To Anyone, a short minute documentary on AIDS on Indian Reservations and he is the co-writer, co-director and co-producer of A Tattoo on My Heart: The Warriors of Wounded Knee 1973, a feature length documentary broadcast numerous times on the PBS. His films in progress include Red State Blues, a feature length documentary narrated by Peter Coyote, on the careers of two liberal politicians (George McGovern and James Abourezk) in conservative South Dakota, Quiet Desperation: A Remembrance of Floyd Red Crow Westerman and The Intellect of J.L. Moreno (the founder of Psychodrama, Sociometry and the concept of group therapy).
Charlie is a Member of South Dakota Bar Association, Sicangu Oyate Bar Association,
American Bar Association, Association of American Justice (AAJ), South Dakota Trial
Lawyers Association and he serves on the South Dakota Advisory Committee to the United States Commission on Civil Rights (Region 8, Denver, CO). He holds a B.A. in Political Science and Mass Communications and a J.D. from the University of South Dakota (Vermillion, SD) and is a Master’s Candidate in Counseling at South Dakota State University. He is a graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, for which he has also served as a Member of the Board and on the Faculty. He has completed many hours of training in Psychodrama and Sociometry at The National Psychodrama Training Center.
ALICIA GARCIA, Esq.
Alicia Garcia grew up in Los Angeles, California and holds a B.A. in Communications from California State University Northridge. She graduated from Stanford Law School in 1990 and went to work with CBS Television in Los Angeles. After living and working in Southern California for most of her life, she decided that she wanted to make a life and raise a family somewhere outside of urban L.A. She then spent several months living in London and, upon her returned to the United States, spent three months on a coast-to- coast road trip in search of the ideal place to live. She found the beautiful Black Hills of South Dakota and in the spring of 1994, Alicia packed up and moved. That summer she passed the South Dakota Bar examination and in 1995 began her legal practice with the Abourezk & Garcia Law Firm in Rapid City, SD.
Alicia soon joined the KOTA Territory Television news team and, in addition to practicing law, anchors the KOTA News at 10:00 p.m. She also produces KOTA’s Consumer Report, which airs three times a week. She loves discovering, uncovering and delivering the news to the Black Hills region and her legal experience provides a basis for reporting on issues that are especially useful to consumers.
Most of Alicia’s legal practice involves representing plaintiffs in cases of insurance bad faith and corporate fraud, as well personal injury as a result of negligence and/or medical malpractice. She and Mike Abourezk, her partner in practice, have presented many seminars on insurance bad faith to attorneys around the country. In 2009 the South Dakota Trial Lawyers Association presented them with the “Toast of the Trial Lawyers Award” for their pro bono work to secure insurance payments denied to patients for high dose chemotherapy and stem cell transplant treatment.
In 2006 Alicia Garcia’s story of success as both a trial lawyer and television anchorwoman was the subject of a feature article, “Two Careers, Four Kids and a New Life in the Black Hills” in Lawyers Weekly. Alicia loves to travel, particularly to Costa Rica, where her family originated, and enjoys appearing in productions of the Black Hills Community Theatre. She is the proud mother of two sons and two daughters.
BRIAN T. GUTHRIE, ESQ. (Panelist and Webinar Moderator)
Brian T. Guthrie is Of Counsel with Mattioni, LTD in Philadelphia, Pennsylvania. With over forty years of experience at the Pennsylvania bar, Mr. Guthrie’s practice includes assisting lawyers and law firms achieve success in a setting mindful of the tradition of the law as a learned profession. He believes lawyers can attain professional fulfillment by synthesizing several dimensions in which they work every day.
“Competence” and “integrity” are easily mouthed as platitudes, but a refined understanding of what they are and how they are achieved makes for a law practice that is personally satisfying. It also provides a competitive advantage when vying for a limited number of clients with what often seems to be a limitless supply of lawyers. He believes that the skill development that comes with a true understanding of what it is that lawyers actually do, together with a firm grasp of the relevant ethical considerations is not only personally rewarding, but also makes good business sense.
Mr. Guthrie has worked in numerous areas of the law and achieved the coveted highest peer rating awarded by a major law publisher. His professional experiences include partnership in a major law firm, acting as senior in-house counsel to a Fortune 500 Company, representing the City of Philadelphia and practicing in a small law firm. His litigation experience includes representation in both state and federal courts throughout the United States and includes jury trials, arbitrations and appellate matters. He also served for a number of years on the Committee for Professional Guidance of the Philadelphia Bar Association.
Mr. Guthrie is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeal for the First and Third Circuits, the U.S. District Courts for the Eastern District of Pennsylvania and the Eastern District of Tennessee. Mr. Guthrie has also represented clients in state courts in Illinois, New Jersey, New York, South Dakota and Tennessee. Mr. Guthrie holds a B.B.A. from Temple University and a J.D. from the James Beasley School of Law - also at Temple University in Philadelphia. Mr. Guthrie has been listed in Philadelphia’s Top Lawyers: The Definitive Guide to Legal Representation in Philadelphia.
JOHN M. STUART, Esq.
John M. Stuart was the Minnesota State Public Defender from 1990 to 2014, supervising a state public defense system in which 700 lawyers and support staff represent 175,000 clients a year. Prior to that he was a trial court public defender for 12 years. Stuart has served as Co-Chair of the American Council of Chief Defenders and taught at the National Defender Leadership Institute. In Minnesota, he has worked on numerous statewide task forces dealing with racial fairness, drug and sex offender sentencing, child welfare and juvenile justice. He holds a B. A. from Haverford College (Haverford, PA) and a J.D from the State University of New York Law School at Buffalo, where he was a volunteer law clerk for the Attica Brothers Legal Defense. Stuart retired in 2014 and is still active in the justice system, continuing to work on creating more drug courts and treatment programs for nonviolent offenders as an alternative to jail time.
BARRY R. VICKREY, Esq.
Barry R. Vickrey served as Dean of the University of South Dakota School of
Law (Vermillion, SD) from 1993 to 2011 and then served as a full-time professor until his retirement in 2016. He taught legal ethics throughout his career in legal education. Prior to his tenure at USD, he was on the faculty of the University of North Dakota School of Law for eleven years, including five years as Associate Dean. He was on the staff of the American Bar Association for five years, serving as assistant to the president elect president and as Director of the Division of Professional Education. Between college and law school, he was a staff aide on the Policy Planning Staff of the Governor of Tennessee. Barry lived in Tennessee for most of his early life and is admitted to the practice of law in Tennessee and South Dakota. He holds a B.A. in history and a J.D. from Vanderbilt University, where he was elected to Phi Beta Kappa. His wife, Mary Green Vickrey, is a singer-songwriter and music educator who holds a B.A. from Vanderbilt and an M.A. from USD. They have two grown sons and two grandchildren.
NOTE TO ACCREDITORS: Although the movie and discussion were recorded in 2012, the idea of using a drama to engage and educate audiences in universal questions about ethics is very different from a CLE that 4 addresses changes in “Black Letter Law.” Like other movies with legal themes, the issues portrayed and lessons to be learned from the drama remain current for today’s modern legal practice.
The Preamble to the ABA Model Rules of Professional Conduct speaks to lawyers’ responsibilities to clients, the legal system and the “quality of justice.” The ABA Criminal Justice Standards for the Defense Function, aspires to lead lawyers to “best practices.” Clarence Darrow; Crimes, Causes and the Courtroom addresses these goals and aspirations by weaving dramatic content, panel discussion, written materials and chatroom feedback from an experienced moderator/litigator.
This holistic approach engages course participants at several levels. The dramatic element simulating concrete situations from Mr. Darrow’s trials provokes thinking about situations that lawyers still confront every day in modern times. The events of Darrow’s era are among the most celebrated in American legal history and continue to provide valuable tools and lessons for lawyers today. The reflections of the panel of experienced jurists offer further reflection about the ethical and substantive issues arising from trial practice. The moderated interactive chatroom employs a Socratic approach designed to integrate the participants’ experiences.
The four scenes of Clarence Darrow; Crimes, Causes and the Courtroom offer diverse issues regularly confronted in trial practice today, including, but not limited to:
- Arguing the criminal penalty phase (also applicable to punitive damages);
- The conceptual dimensions of meritorious claims and contentions;
- Practical challenges of the tempered duty of candor to a criminal tribunal;
- Handling trial publicity, especially in the context of the disfavored in society;
- Striving to eliminate biases, both explicit and implicit.
- Conflicts with the client arising from the lawyer’s own interests in societal change;
- Conflicts where the payor for legal services is not the client (especially relevant in an insurance
context);
The CLE materials offer concrete examples of how issues in the drama relate to the current ABA Model Rules of Professional Conduct and also provide and extraordinary range of complementary sources to support participants’ continuing reflection and self-improvement.
The American Inns of Court stress the preservation and promulgation of the highest standards of professionalism, legal skills, ethics and civility. Clarence Darrow; Crimes, Causes and the Courtroom aspires to these goals and offers members of the bar an opportunity to refine skills, better grasp ethical responsibilities and contribute to their broader communities. Using Darrow's own thoughts and courtroom summations, the movie explores timeless social, legal and ethical issues and provides a fresh and engaging tool to facilitate discussion of ethical behavior in and out of the courtroom.
In light of the breadth of the material in the drama and the CLE materials, and the fact that it presents timeless ethical issues that never “go out of style,” we ask that the presentation of Clarence Darrow; Crimes, Causes and the Courtroom be approved for CLE credit.
Bad Review? Bad Response? Bad Idea! - Ethically Managing Your Online Reputation
*December 24, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Jennifer Ellis, Esq. and Daniel J. Siegel, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Whether you choose to be online or not (and you should be online) your clients will write you reviews. Unfortunately, angry clients are much more likely to write about you than happy clients. This webinar will explore the ethical and practical issues surrounding getting good reviews as well as discuss how you should respond when someone bashes you online. Lawyers have been disciplined for their responses to online reviews. Learn from their mistakes!
This program covers issues addressed in Rule 1.6, as well as numerous related Ethics Opinions from various jurisdictions.
Originally recorded September 8, 2016.
Registration Fee: $51.00
Jennifer L. Ellis, Esq. & Daniel J. Siegel, Esq.
Jennifer Ellis is an ethics and legal malpractice attorney with the Philadelphia personal injury firm Lowenthal & Abrams. She also manages the firm’s online presence. Mr. Siegel wears two hats–he is a practicing attorney and also a full-time technology consultant. As an attorney, Mr. Siegel focuses his practice on trial and appellate court writing; he also handles workers’ compensation matters and serves as a “second chair” for attorneys.
Jennifer Ellis is an ethics and legal malpractice attorney with the Philadelphia personal injury firm of Lowenthal & Abrams. She also manages the firm’s online presence. In addition, Jennifer serves as a law firm marketing consultant under the name Jennifer Ellis, JD. She assists lawyers with social media, websites, SEO, law firm technology and more. She is a nationally recognized speaker and writer on subjects including ethics, social media, law firm technology, law practice management, websites and marketing. Find Jennifer online at jlellis.net, lowenthalabrams.com and @jle_jd.
Daniel Siegel wears two hats–he is a practicing attorney and also a full-time technology consultant. As an attorney, Mr. Siegel focuses his practice on trial and appellate court writing; he also handles workers’ compensation matters and serves as a “second chair” for attorneys – working on the matters that keep them up at night. He can be reached at dan@danieljsiegel.com or by phone at (610) 446-345
Deal or No Deal - Episode 1: Ethics on Trial
*December 24, 2019. 4:00 PM ET; 3:00 Noon CT; 2:00 AM MT; 1:00 AM PT; Noon AKT
Presented by Joel Oster, Esq. (The Comedian of Law)
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Every lawyer is aware of the Rules of Professional Conduct that govern what they can and can't do - ethically. But still, every year hundreds of lawyers find themselves running afoul of these rules.
This presentation is your chance to refresh your own knowledge of those rules and to match wits with disciplinary authorities.
The Comedian of Law, Joel Oster, humorously lays out the facts surrounding the ethical predicaments a number of real attorneys who played fast and loose with those ethics rules. Then, you must decide if you will take the disciplinary "deal" that Oster offers or take your chances at trial to see what penalty the disciplinary authorities actually levied!
Real-life attorney/ethics issues covered include: inappropriate contact with jurors, fist fighting judges, lying attorneys, inappropriate romantic interludes with clients, substance abuse, and much more.
Should the attorney take the deal … or take his or her chance at trial? You get to decide.
Originally recorded November 22, 2017.
Registration Fee: $51.00
Joel Oster, Esq.
Joel is a seasoned constitutional attorney and regular speaker to attorneys and non-attorneys alike. He represented the town of Greece, New York in the landmark constitutional case Galloway v. Greece. Joel argued the case before the United States District Court for the Western District of New York and the Second Circuit, and he was part of the legal team presenting the case to the United States Supreme Court.
Oster regularly litigates First Amendment issues. As lead counsel in Freedom from Religion Foundation v. Obama, Oster skillfully defended the constitutionality of the National Day of Prayer against an Establishment Clause challenge. Before the U.S. Court of Appeals for the 8th Circuit, he successfully defended the right of an organization to have a pro-life specialty license plate in Missouri in Roach v. Stouffer. In Wigg v. Sioux Falls School District, he successfully represented an elementary school teacher in obtaining equal access to school facilities. Oster has defended various churches based on the Religious Land Use and Institutionalized Persons Act, against discriminatory zoning codes and regulations. Likewise, he has defended various individuals, corporations, and political committees against discriminatory and unconstitutional campaign finance regulations.
Oster earned his J.D. in 1997 from the University of Kansas School of Law. He is admitted to the bar in Kansas, Missouri, Florida, and numerous federal courts.
Retain Your Clients: A Roadmap to Effective, Ethical Client Service
*December 25, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Roy Ginsburg, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Many lawyers forget that law is a service profession. Studies show that the most frequent reason for losing clients is poor service. And retaining clients in a volatile economy is crucial to your practice. So how do you make sure you’re providing the best service?
This seminar uses clips from popular films to illustrate real-life client service dilemmas dramatized by fictional Hollywood characters. The film clips also serve as jumping-off points to discuss the best practices how real-life lawyers like you can ethically approach them. The program is designed to provide you with the tools you’ll need to consistently deliver exceptional service, retain and develop more business from current clients, and increase referrals.
You’ll also earn ethics credit while you learn to:
-
- Apply best practices that will exceed client expectations
- Eliminate the most common causes of client dissatisfaction
- Deal effectively with all types of client complaints
- Handle angry clients
- And much more
Originally recorded April 13, 2017.
Registration Fee: $51.00
Roy Ginsburg, Esq.
Roy Ginsburg is an attorney in Minneapolis, Minnesota with more than 30 years of experience practicing with large and small law firms, as well as serving as in-house counsel He is now a part-time solo practitioner with a national practice focusing on legal marketing ethics.
For the past 10 years, Roy has also been a coach/consultant for individual attorneys and law firms in the areas of business development, practice management, and strategic and succession planning. In addition, he helps solo practitioners and small law firm owners sell their practices when approaching retirement.
He regularly presents CLE programs nationwide to bar associations and law firm audiences on these topics. In addition, he blogs at popular sites such as attorneyatwork.com, lawyerist.com, and myshingle.com.
Staying Secure Electronically
*December 25, 2019. 4:00 PM ET; 3:00 CT; 2:00 AM MT; 1:00 AM PT; Noon AKT
Presented by Jennifer Ellis, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Your Data Probably Has Been Stolen. Wondering How to Minimize the Chances of it Happening Again?
Like everyone else, lawyers rely heavily on technology to store information. In addition to the everyday concerns we all have regarding the potential loss or theft of our information, lawyers have the added ethical responsibility of maintaining client confidentiality.
Attendees will learn how their responsibilities under the ABA’s Model Rules of Professional Conduct 1.1 and 1.6 apply to handling and safeguarding their clients’ information.
Presenter Jennifer Ellis, Esq. details real-world data-loss scenarios that have affected lawyers and non-lawyers, and provides specific tips and strategies for attendees to protect both their own and their clients’ data.
She also explains how taking reasonable steps to protect client data can give lawyers a safe harbor (under the ABA’s Model Rules of Professional Conduct) even if a data breach (or loss) does occur.
Originally recorded July 26, 2019.
Registration Fee: $51.00
Jennifer Ellis, Esq.
Jennifer Ellis is a legal ethics attorney in Pennsylvania. She owns the law practice/law firm marketing company Jennifer Ellis, JD, LLC, through which she assists attorneys with their practice management and online presence.
Previously, Jennifer worked with a Philadelphia area personal injury firm, where she practiced legal ethics, managed the firm’s online presence, and oversaw its IT and security consultants. Jennifer also served as the Associate Director of Media Technology with the Pennsylvania Bar Institute, where she organized and presented courses on numerous issues, including law practice management, technology, and ethics. Jennifer speaks and writes throughout Pennsylvania and nationally on issues relating to law practice management, technology, ethics, marketing, and more.
Jennifer wrote the book “Wordpress in One Hour for Lawyers and the Social Media chapter for the book “Solo and Small Firm Legal Technology Guide” – both published by the ABA’s Law Practice Division.
For more information about Jennifer, see her website at jlellis.net, find her on Twitter @jle_jd, or email her at jennifer@jlellis.net.
Lincoln on Professionalism
*December 26, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Brian Guthrie
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Abraham Lincoln once said, “As a peacemaker the lawyer has superior opportunity of being a good man [person]. There will still be business enough.”
Lincoln on Professionalism was created by the Atlanta Bar Association in partnership with the Chief Justice's Commission on Professionalism in Georgia in celebration of the 200th Anniversary of Abraham Lincoln’s birthday. The CLE program presents the writings of Abraham Lincoln to create an engaging documentary-style program on professionalism. The exemplary qualities of legal and personal professionalism Lincoln demonstrated day in and day out in his law practice come to life in the slides, readings and contemporary commentary that comprise the program.
The “documentary” contains 10 vignettes and is coupled with a panel discussion produced by Periaktos Productions. The goal of the program is to provide an opportunity for attendees to explore the model of professionalism offered by Abraham Lincoln’s life and practice and discuss how it provides guidance for contemporary legal practice. The discussion focuses on the issues presented as they might relate to the Preamble and any other relevant portions of the ABA Model Rules of Professional Conduct. The program is timed below in minutes from the beginning of the movie.
CLE TIME: The program runs 60 minutes and explores the following topics as part of professionalism in the practice of law:
00:00 – 45:00 Lincoln Vignettes
- Introduction and Lincoln's Lack of Vanity
- Candor with the Court
- Justice and Fairness
- Candor to Opposing Counsel
- Dignity and Civility
- Courtesy and Goodwill
- Brevity and Clarity
- Candor to Client
- Diligence
- Conclusion
46:00 - 60:00 Filmed Discussion
PRODUCERS
The mission of the ATLANTA BAR ASSOCIATION (Producer of Lincoln Vignettes) is to promote professionalism and the fair administration of justice in its community and to provide programs and benefits which serve its diverse membership. THE CHIEF JUSTICE'S COMMISSION ON PROFESSIONALISM (Co-Producer), the first body of its kind in the nation, was created in 1989 by the Georgia Supreme Court with the primary charge to enhance professionalism among Georgia's lawyers. In carrying out its charge, the Commission provides ongoing attention and assistance to the task of assuring that the practice of law remains a high calling, enlisted in the service of client and public good. Composed of representatives of the organized bar, practicing bar, judiciary, law schools and the public, the Commission serves as the institutional framework for sustaining an environment that fosters professionalism in the legal community. The Commission's work centers around (1) educational programming; (2) periodic recommendations to the State Bar, the judiciary, and the law schools in Georgia; and (3) coordination of professionalism activities of the organized bar, courts, law schools, and law firms. Members of the Atlanta Bar Association Lincoln
Project Committee the time the Lincoln vignettes were created include:
- Bryan Baer, Attorney at Law, Foltz Martin, LLC, Atlanta GA
- James D. Blitch IV, Attorney at Law, Kidd & Vaughan, Atlanta GA
- John C. Bonnie, Attorney at Law, Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta GA
- Edward D. Buckley III, Attorney at Law, Buckley & Klein, LLP, Atlanta GA
- David Butler, Attorney at Law, Shapiro Fussell, Atlanta GA
- Timothy W. Floyd, Mercer University School of Law, Macon GA
- Dawn M. Jones, Attorney at Law, King & Spalding, Atlanta GA
- Lake Rumsey. Attorney at Law, Law Office of D. Lake Rumsey, Atlanta, GA
- Ian E. Smith, Attorney at Law, King & Spalding, Atlanta GA
- Mary Lynne (Johnson) McInnes, CLE Director, Atlanta Bar Association, Atlanta GA
Originally recorded June 2012. Materials updated June 2019. Produced by the Atlanta Bar Association and Periaktos Productions.
Registration Fee: $51.00
PERIAKTOS PRODUCTIONS, L.L.C. (Discussion and Program Producer) was formed in 1994 with the mission of helping lawyers to become better lawyers by producing professional theatre performances and movies that provide unique, entertaining and engaging CLE programs about ethics and professionalism. Our name is derived from "periaktoid," a three-sided scenic unit used in the ancient Greek theatre … that suggests our three primary goals. First and foremost, we want to entertain, which literally means, "to hold between." Only by engaging attendees can a "classroom" activity move from a passive experience to one in which true learning occurs. Secondly, we strive to educate our audiences, which, in the classical sense means "to draw out." We want to evoke ideas and responses to the issues and situations we present and facilitate dialogue about them - not to instruct or indoctrinate audiences with our own opinions. Lastly, we hope to enlighten our audiences, which means to "reveal truths." In the broader sense this means helping attendees to acquire new wisdom and/or understanding of situations to help them see options more clearly. Playwright Sidney Michaels wrote, "In the dark of the theatre we remember ourselves." Things are not always what they appear to be and the theatre is a wonderful way to lend a bit of insight and look at what's below the surface. In the end we hope that our programs provide an opportunity for lawyers to learn about themselves and explore their own ethical foundations by looking at the lives of others.
ANNA MARIE THATCHER, J.D. is the Owner and Managing Producer for Periaktos Productions and is the producer of all of its CLE Theatre programs and movies. She is an attorney and has worked for forty-five years with artists and visual and performing arts organizations as an arts consultant, producer and director. She is the co-author, producer and director of the stage and movie versions of Clarence Darrow: Crimes, Causes and the Courtroom, Maxims, Monarchy and Sir Thomas More and Impeach Justice Douglas!, presented by Periaktos Productions. She is the co-author of the script for its stage production and movie version of Thurgood Marshall’s Coming! The production of Thurgood Marshall's Coming! from Periaktos Productions received the American Bar Association's 2005 Silver Gavel Honorable Mention Award in Theatre.
Anna Marie is a licensed member of the Minnesota Bar and continues to work with artists and nonprofit arts organizations. She holds a B.A. from Dakota Wesleyan University (Mitchell, SD), an M.A. in Theatre from the University of South Dakota, and a J.D. from Hamline University School of Law (St. Paul, Minnesota). She is a member of the ABA, the Minnesota Bar Association and ACLEA (Association of Continuing Legal Education) and is listed in Who's Who in American Law. Anna Marie also serves as volunteer for non-profit organizations with business formation and tax exemption issues and serves on the Advisory Board of the Black Hills Film Festival. She served for 20 years on the Board of the Black Hills Playhouse Alumni Association as its president, initiating and managing several major projects over that time to raise funds for the Playhouse. She continues to produce independent CLE programs and theatrical productions and makes her home in the Black Hills of South Dakota.
BRIAN T. GUTHRIE, ESQ. (Moderator) is Of Counsel with Mattioni, LTD in Philadelphia, Pennsylvania. With over forty years of experience at the Pennsylvania bar, Mr. Guthrie’s practice includes assisting lawyers and law firms achieve success in a setting mindful of the tradition of the law as a learned profession. He believes lawyers can attain professional fulfillment by synthesizing several dimensions in which they work every day. “Competence” and “integrity” are easily mouthed as platitudes, but a refined understanding of what they are and how they are achieved makes for a law practice that is personally satisfying. It also provides a competitive advantage when vying for a limited number of clients with what often seems to be a limitless supply of lawyers. He believes that the skill development that comes with a true understanding of what it is that lawyers actually do, together with a firm grasp of the relevant ethical considerations is not only personally rewarding, but also makes good business sense.
Mr. Guthrie has worked in numerous areas of the law and achieved the coveted highest peer rating awarded by a major law publisher. His professional experiences include partnership in a major law firm, acting as senior in-house counsel to a Fortune 500 Company, representing the City of Philadelphia and practicing in a small law firm. His litigation experience includes representation in both state and federal courts throughout the United States and includes jury trials, arbitrations and appellate matters. He also served for a number of years on the Committee for Professional Guidance of the Philadelphia Bar Association.
Mr. Guthrie is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeal for the First and Third Circuits, the U.S. District Courts for the Eastern District of Pennsylvania and the Eastern District of Tennessee. Mr. Guthrie has also represented clients in state courts in Illinois, New Jersey, New York, South Dakota and Tennessee. Mr. Guthrie holds a B.B.A. from Temple University and a J.D. from the James Beasley School of Law - also at Temple University in Philadelphia. Mr. Guthrie has been listed in Philadelphia’s Top Lawyers: The Definitive Guide to Legal Representation in Philadelphia.
JOHN M. STUART was the Minnesota State Public Defender from 1990 to 2014, supervising a state public defense system in which 700 lawyers and support staff represent 175,000 clients a year. Prior to that he was a trial court public defender for 12 years. Stuart has served as Co-Chair of the American Council of Chief Defenders and taught at the National Defender Leadership Institute. In Minnesota, he has worked on numerous statewide task forces dealing with racial fairness, drug and sex offender sentencing, child welfare and juvenile justice. He holds a B. A. from Haverford College (Haverford, PA) and a J.D from the State University of New York Law School at Buffalo, where he was a volunteer law clerk for the Attica Brothers Legal Defense. Stuart retired in 2014 and is still active in the justice system, continuing to work on creating more drug courts and treatment programs for nonviolent offenders as an alternative to jail time.
BARRY R. VICKREY served as Dean of the University of South Dakota School of Law (Vermillion, SD) from 1993 to 2011 and then served as a full-time professor until his retirement in 2016. He taught legal ethics throughout his career in legal education. Prior to his tenure at USD, he was on the faculty of the University of North Dakota School of Law for eleven years, including five years as Associate Dean. He was on the staff of the American Bar Association for five years, serving as assistant to the president elect president and as Director of the Division of Professional Education. Between college and law school, he was a staff aide on the Policy Planning Staff of the Governor of Tennessee. Barry lived in Tennessee for most of his early life and is admitted to the practice of law in Tennessee and South Dakota. He holds a B.A. in history and a J.D. from Vanderbilt University, where he was elected to Phi Beta Kappa. His wife, Mary Green Vickrey, is a singer-songwriter and music educator who holds a B.A. from Vanderbilt and an M.A. from USD. They have two grown sons and two grandchildren.
NOTE TO ACCREDITORS: Although the vignettes of Lincoln on Professionalism were recorded in 2009, and the filmed discussion in 2012, the idea of using a drama to engage and educate audiences in universal questions about ethics is very different from a CLE that addresses changes in “Black Letter Law.” Like other movies with legal themes, the issues portrayed and lessons to be learned from the drama remain current for today’s modern legal practice.
The Preamble to the ABA Model Rules of Professional Conduct speaks to lawyers’ responsibilities to clients, the legal system, civility, and the “quality of justice.” Lincoln on Professionalism addresses these goals and aspirations by weaving dramatic content and written materials together to correlate Lincoln’s wisdom and legal writings as they relate to the ABA Model Rules of Professional Conduct and apply to lawyers today. Lincoln’s example offers guidance to lawyers as they strive to follow the “ethical” path in modern practice.
This holistic approach engages course participants at several levels. The dramatic element from Lincoln’s life provokes thinking about situations that lawyers must consider every day in modern times. Lincoln’s life is among the most celebrated in American history and his example as a lawyer continues to provide valuable tools and lessons today.
The CLE materials offer concrete examples of how topics in the drama relate to the current ABA Model Rules of Professional Conduct - and also provide an extraordinary range of complementary sources to support participants’ continuing reflection and self-improvement.
The American Inns of Court stress the preservation and promulgation of the highest standards of professionalism, legal skills, ethics and civility. Lincoln on Professionalism aspires to these goals and offers members of the bar an opportunity to better grasp ethical responsibilities and contribute to their broader communities. Using Lincoln’s own practice, the movie explores provides a fresh and engaging tool to facilitate discussion of ethical behavior in and out of the office.
In light of the breadth of the material in the drama and the CLE materials, and the fact that it discusses timeless ethical issues that never “go out of style,” we ask that the presentation of Lincoln on Professionalism be approved for CLE credit.
Originally recorded June 2012. Materials updated June 2019. Produced by the Atlanta Bar Association and Periaktos Productions.
Ben Franklin on Ethics
*December 26, 2019. 4:00 PM ET; 3:00 CT; 2:00 AM MT; 1:00 AM PT; Noon AM AKT
Presented by Christopher Lowell
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Ben advises … “Search others for their virtues. Search thyself for thy vices” and challenges lawyers to put ethical considerations at the heart of legal practice.
Even in Ben Franklin's time, the public held cynical views about lawyers. How can one be a better practitioner and help negate some of the lingering negative attitudes toward today’s lawyers? In this engaging and informative program, Ben Franklin (who worked with more lawyers than most modern day practitioners) challenges today’s lawyers to expand their own notion of ethics much as he himself did during his own life. Portrayed by Christopher Lowell, internationally acclaimed actor, historian, and Franklin scholar, Ben discusses the ethical issues he confronted and challenges attendees to put ethical considerations at the heart of legal practice. Franklin speaks of the importance of ethical practices and the spirit of Pro Bono Publico as the underpinnings of a virtuous life.
CLE TIME: The program runs 62 minutes and covers the following topics correlating to the ABA Rules of Professional Conduct.
- Greeting to Lawyers and the Spirit of Pro Bono Publico (Preamble, Rules 6.1 Voluntary Pro Bono Publico Service; 2.1 Advisor; 2.4 Lawyer Serving as Third-Party Neutral)
- Diligence in Documentation and Accounting (Rules 1.15 Safekeeping Property; 1.17 Sale of Law Practice)
-
- Money Matters (Rules 1.5 Fees; 1.15 Safekeeping Property)
- Loyalty (Rule 1.6 Confidentiality of Information; 1.7 Conflict of Interest – Current Clients; 1.8 Conflict of Interest – Current Clients – Specific Rules)
- Humility and Civility (Preamble #5 and 6; Rules 8.2 Judicial and Legal Officials; 4.3 Dealing With Unrepresented Person; 4.4 Respect for Rights of Third Persons; 3.5 Impartiality and Decorum of the Tribunal)
- Honesty and Integrity (Preamble #2, 12 and 13; Rules 3.3 Candor Toward the Tribunal; 3.4 Fairness to Opposing Party and Counsel; 3.8 Special Responsibilities of a Prosecutor; 1.18 Duties to Prospective Client)
Originally recorded June 2012. Materials updated June 2019. Produced by Periaktos Productions and Ben Franklin Live.
Registration Fee: $51.00
CHRISTOPHER LOWELL, who portrays Ben Franklin, is an internationally known actor, historical scholar and Franklin presenter. A native New Yorker, Lowell has had a dual career in the classroom and on the stage. After graduating from Dickinson College in Carlisle, Pennsylvania with a B.A. and a double major in theater and French, he went on to get his M.A. in 18th century French Literature from Colgate University in Hamilton, New York. He taught French and theater for over 40 years and has been an actor for over fifty-five years. Lowell has twice been honored with “Best Actor of the Year” awards from the press in Colorado Springs, Colorado.
Lowell’s double career took him, as it did Franklin, to both Philadelphia and to France. In Philadelphia, he taught and acted for six years. In France, where he was awarded a grant as a Fulbright Exchange Teacher for the academic year 1992-93, he taught in Brittany—the region where Ben Franklin first touched French soil in December of 1776. In 2007, as a guest of the French government, Lowell brought Ben Franklin “back” to Paris for the first time in 222 years for a series of presentations in French to the French diplomatic and business communities.
Since his retirement from teaching Mr. Lowell is bringing the extraordinary life and accomplishments of Ben Franklin to an ever-widening range of audiences on a full-time basis. No stranger to legal groups, Mr. Lowell has presented CLEs to numerous legal audiences, including the Colorado Springs Bar, the Nebraska Bar and Pennsylvania Bar Institute. He and his wife Sue live in Colorado Springs, Colorado.
PERIAKTOS PRODUCTIONS, L.L.C. (Production Company) was formed in 1994 with the mission of helping lawyers to become better lawyers by producing professional theatre performances and movies that
provide unique, entertaining and engaging CLE programs about ethics and professionalism. Our name is derived from "periaktoid," a three-sided scenic unit used in the ancient Greek theatre … that suggests our three primary goals. First and foremost, we want to entertain, which literally means, "to hold between." Only by engaging attendees can a "classroom" activity move from a passive experience to one in which true learning occurs. Secondly, we strive to educate our audiences, which, in the classical sense means "to draw out." We want to evoke ideas and responses to the issues and situations we present and facilitate dialogue about them - not to instruct or indoctrinate audiences with our own opinions. Lastly, we hope to enlighten our audiences, which means to "reveal truths." In the broader sense this means helping attendees to acquire new wisdom and/or understanding of situations to help them see options more clearly. Playwright Sidney Michaels wrote, "In the dark of the theatre we remember ourselves." Things are not always what they appear to be and the theatre is a wonderful way to lend a bit of insight and look at what's below the surface. In the end we hope that our programs provide an opportunity for lawyers to learn about themselves and explore their own ethical foundations by looking at the lives of others.
ANNA MARIE THATCHER, J.D. is the Owner and Managing Producer for Periaktos Productions and is the producer of all of its CLE Theatre programs and movies. She is an attorney and has worked for forty-five years with artists and visual and performing arts organizations as an arts consultant, producer and director. She is the co-author, producer and director of the stage and movie versions of Clarence Darrow: Crimes, Causes and the Courtroom, Maxims, Monarchy and Sir Thomas More and Impeach Justice Douglas!, presented by Periaktos Productions. She is the co-author of the script for its stage production and movie version of Thurgood Marshall’s Coming! The production of Thurgood Marshall's Coming! from Periaktos Productions received the American Bar Association's 2005 Silver Gavel Honorable Mention Award in Theatre.
Anna Marie is a licensed member of the Minnesota Bar and continues to work with artists and nonprofit arts organizations. She holds a B.A. from Dakota Wesleyan University (Mitchell, SD), an M.A. in Theatre from the University of South Dakota, and a J.D. from Hamline University School of Law (St. Paul, Minnesota). She is a member of the ABA, the Minnesota Bar Association and ACLEA (Association of Continuing Legal Education) and is listed in Who's Who in American Law. Anna Marie also serves as volunteer for non-profit organizations with business formation and tax exemption issues and serves on the Advisory Board of the Black Hills Film Festival. She served for 20 years on the Board of the Black Hills Playhouse Alumni Association as its president, initiating and managing several major projects over that time to raise funds for the Playhouse. She continues to produce independent CLE programs and theatrical productions and makes her home in the Black Hills of South Dakota.
NOTE TO ACCREDITORS: Although the movie of Ben Franklin on Ethics was recorded in 2012, the idea of using a drama to engage and educate audiences in universal questions about ethics is very different from a CLE that addresses changes in “Black Letter Law.” Like other movies with legal themes, the issues portrayed and lessons to be learned from the drama remain current for today’s modern legal practice.
The Preamble to the ABA Model Rules of Professional Conduct speaks to lawyers’ responsibilities to clients, the legal system, civility, and the “quality of justice.” Ben Franklin on Ethics addresses these goals and aspirations by weaving dramatic content and written materials together to correlate Ben Franklin’s wisdom and writings as they correlate to the ABA Model Rules of Professional Conduct and apply to lawyers today. Ben’s ethical construct and search for virtue were the underpinnings of all he did, and his example offers guidance to lawyers as they strive to follow the “ethical” path in modern practice.
This holistic approach engages course participants at several levels. The dramatic element from Ben Franklin’s life and philosophies provokes thinking about situations that lawyers must consider every day in modern times. Franklin’s life is among the most celebrated in American history and his example continues to provide valuable tools and lessons today.
The CLE materials offer concrete examples of how topics in the drama relate to the current ABA Model Rules of Professional Conduct - and also provide an extraordinary range of complementary sources to support participants’ continuing reflection and self-improvement.
The American Inns of Court stress the preservation and promulgation of the highest standards of professionalism, legal skills, ethics and civility. Ben Franklin on Ethics aspires to these goals and offers members of the bar an opportunity to better grasp ethical responsibilities and contribute to their broader communities. Using Ben Franklin’s own examples, the movie explores provides a fresh and engaging tool to facilitate discussion of ethical behavior in and out of the office.
In light of the breadth of the material in the drama and the CLE materials, and the fact that it discusses timeless ethical issues that never “go out of style,” we ask that the presentation of Ben Franklin on Ethics be approved for CLE credit.
Nobody Told Me There'd Be Days Like These
*December 28, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Michael Kahn, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Most ethical miscues, professional responsibility breaches, and compliance violations don't arise out of arcane, ambiguous, provisions of the applicable rules or codes of conduct, but, in fact, for clear breaches of obvious, well-defined obligations. It’s not rocket science—in fact, anyone who has sat in on a basic professional responsibility class or compliance training would know such conduct is ethically problematic. And yet it happens. A lot. Even to our own friends and colleagues.
This engaging, highly interactive program provides a fresh and practical perspective on the fundamental question, “Why do ‘good’ people ‘go bad’?” Based on an original short film we wrote and co-produced, this workshop--available live or on-demand--provides a lively way to explore the intersection of ethical decision-making and the manifold sources of stress encountered by professionals and employees in their everyday lives.
Originally recorded: November 1, 2018
Registration Fee: $51.00
Michael Kahn, Esq.
Michael Kahn is a "recovering lawyer," having practiced for 6 years with the New Jersey Attorney General's office. He is a licensed Professional Counselor in the State of Oregon, and his psychotherapy practice has focused on helping clients deal with anxiety, depression, grief/loss, career satisfaction, and men's issues. He co-facilitates grief groups for lawyers in Oregon and Vancouver, BC. Michael presents training seminars and workshops on ethics, grief, wellness, diversity and inclusion and other topics throughout the U.S. and abroad, including for the U.S. military in Germany and Japan. He also is a professional coach and provides assistance with career issues, stress management, retirement, and coping with change.
Chris Osborn, Esq.
In addition to his ongoing work with ReelTime CLE, Chris Osborn is a former law professor, and the founding principal of Osborn Conflict Resolution, which provides Superior Court mediations, as well as collaborative law approaches for family law, construction, business, and will and probate disputes throughout North Carolina. Chris is trained as a collaborative lawyer, and is a member of the North Carolina Civil Collaborative Lawyers Association. He has been certified by the N.C. Dispute Resolution Commission as a Superior Court mediator since 2009, and has assisted the vast majority of his legal clients over the years to reach amicable resolutions in a wide variety of litigation matters, including business breakups, construction and employment law disputes, and will caveats. His full professional bio can be found here.
David Ferrante, Esq.
David Ferrante is with Wesierski & Zurek. His areas of practice include legal malpractice, medical malpractice and real estate malpractice. Mr. Ferrante is a member of the Association of Southern California Defense Lawyers.
Laura Kim, Esq.
Laura Kim is a partner at Musick Peeler in Los Angeles, CA. Ms. Kim's principal area of practice involves the litigation of tort, construction, consumer warranty and fraud cases, business disputes and the defense of professional liability actions. Ms. Kim is a member of the State Bar of California and State Bar of New York.
Matthew Panagiotis, Esq.
Matthew Panagiotis is Assistant General Counsel at DaVita Kidney Care in El Segundo, California. His previous experience includes being with the Law Offices of Zomber & Panagiotis.
Cindy Shapiro, Esq.
Cindy Shapiro was with Reback, McAndrews and Kjar when the round table was filmed.
Rock-n-Roll Law Intellectual Property/Copyright Series: The Ethical Issues Representing a Band - Using the Beatles as a Case Study
*December 28, 2019. 4:00 PM ET; 3:00 CT; 2:00 AM MT; 1:00 AM PT; Noon AM AKT
Presented by Jim Jesse, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
In this program, attorney/songwriter Jim Jesse continues his discussion of copyright law as it applies to the ethical issues a lawyer could encounter when representing the very specific business entity that is a band.
Jesse uses specific fact patterns from the later portions of The Beatles career to illustrate these principles, including copyright infringement, as well as:
- Ethical Issues in George Harrison My Sweet Lord Case (The Featured Case) / Breach of Fiduciary Duty / Conflict of Interest – MRPC 1.7, 2.1
- Ethical Issues Regarding Band/Organization Dissolution – MRPC 1.13, 1.14
- Ethical Issues and Conflict of Interest in Representing Competing Interests in a Group – MRPC 1.7, 2.1
This is the third installment of Jesse's Intellectual Property/Copyright series exploring issues lawyers may encounter when representing individual musical artists and bands. While the educational content of each installment stands alone, there are added benefits to attending all three.
Originally recorded August 14, 2018.
Registration Fee: $51.00
Jim Jesse, Esq.
Jim Jesse has been an attorney for 24 years, and a full-time CLE presenter since 2013. He is also the author of “The Music Copyright Law Manual” and the forthcoming “The Musician’s Guide to Music Copyright Law.”
Prior to serving as General Counsel for Cool Music Network (THECOOLTV), a 24-hour-a-day music video television network, he was in private practice in the areas of intellectual property, licensing and music law. He has drafted and reviewed hundreds of contracts ranging from small barter deals to multi-million dollar ones.
Mr. Jesse is also a singer/songwriter for more than 30 years who has released two albums: Down on the South Side and Better Late Than Never, is a member of BMI, and has run his own record label distributing his music. He has more than 200 songs he has yet to release.
Overcoming Procrastination - How to Kick the Habit
*December 29, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Irwin Karp, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Procrastination creates undue stress. Delaying work can be a form of self-sabotage, affect productivity and result in errors. This session will focus on helping lawyers to complete work with more control and less crisis management. Attendees will learn: how to recognize your individual style of procrastination and overcome it; how to break down legal work into component parts so it doesn’t appear so overwhelming; and, how to focus on what you really need to accomplish.
Originally recorded April 18, 2017.
Registration Fee: $51.00
Irwin Karp, Esq.
Irwin Karp is a productivity consultant with Productive Time in Sacramento, California. He is also an attorney. Irwin is a graduate of George Washington University law school, worked at the US EPA for a number of years, and was in the private practice of energy & environmental law in California for over 20 years. For the past 13 years, he has conducted training programs and consulted with business, government, bar associations, law firms and service professions on organizations skills and time management to increase productivity. He has presented programs in the US and Canada on time management, project management, delegation skills, managing e-mail & smartphones, overcoming multitasking, running effective meetings, and overcoming procrastination. He was a former white water river guide in his youth, and continues to raft on western rivers with his group of aging river buddies.
The Lawyer’s Guide to Ethical Business Development
*December 29, 2019. 4:00 PM ET; 3:00 CT; 2:00 AM MT; 1:00 AM PT; Noon AM AKT
Presented by Cynthia Sharp, Esq.
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Would you like to increase your client base but don’t know where to begin? Do you want to actively market your practice on a restricted budget – but don’t want to run afoul of the Ethics Rules? If so, you won’t want to miss Cynthia Sharp’s energetic and informative presentation. Attendees will be provided with tools and motivation to create and implement an individual marketing plan for the remainder of the year.
The session will include a national survey of case law and opinions in the attorney advertising arena, including social media. Cynthia will analyze MRPC 7.1 - 7.5 and offer specific guidance on how to avoid violating these rules.
The material will be geared to all levels with the core message that persistent and consistent communication of message will lead to better client communication and client service – and ultimately revenue generation.
Content rich and action oriented, Cynthia will discuss:
- Developing the mindset of a fee generator
- Marketing plan essentials
- Applicable Ethics Rules
- Relevant Case Law
- Creating & evolving a strong personal professional brand
- Elements of elevator speeches & positioning statements
- Tips on influencing a prospect to become a client
Originally recorded May 24, 2019
Registration Fee: $51.00
Cynthia Sharp, Esq.
Cynthia Sharp is author of "The Lawyers’ Guide to Financial Planning" recently published by ABA Book Publishing. She is a Contributor to the ABA’s upcoming publications "The Lawyer’s Guide to Buying, Selling, Merging, and Closing a Law Practice," and "Capturing and Keeping Clients."
Cindy dedicated close to thirty years building a successful niche law practice and serving thousands of clients. At the pinnacle of her career, she sold her interest in the practice and established The Sharper Lawyer, a fully accredited CLE provider and attorney business coaching entity. As Director of Attorney Development, Cindy has established an international presence as an author and speaker on the topics of law firm branding and marketing strategies. She also shares practice management techniques with an emphasis on ethical implications - lecturing extensively to law firms, bar associations and other legal organizations.
The Paperless Law Firm – A Digital Dream
*December 30, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by JoAnn Hathaway
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Years ago, a firm moving to a paperless practice was considered revolutionary. Today, it’s no longer uncommon. Many of your competitors may have already gone paperless, giving them the “edge” they need to stand out in the crowd. If you’ve always wanted to become paperless or, at least have less paper but didn’t know how, this program is for you. Now is the time to move toward your paperless practice to:
Enhance Efficiency
Not having to get up to search for files, look through “file-piles”, and file stacks and stacks of paper greatly enhances efficiency.
Lower Costs
Sacrificing fewer trees at the printer and copier alters greatly reduces paper, hardware, and support staff costs and overhead.
Decrease Stress
Pushing, organizing, filing, and searching for paper day in and day out creates staff monotony and stress. Eliminating the paper helps alleviate the stress.
Increase Staff Morale
No one likes to file or stand in line at the copier while deadlines loom. Less paper equals happier staff.
Bill More Hours
Accessing files anywhere, any time and at the click of a keyboard allows for quick access and location independent review. Bill more time, make more money.
Provide Better Client Service.
Impress your clients by having instant access to their files and thus instant answers. They’ll be impressed and so will you!
The best time to go paperless was yesterday, but it you didn’t then the second best time is now. Join us to learn about policies, procedures, systems, and software to set your practice on the path to the digital paper dream.
(Originally Recorded June 12, 2019)
Registration Fee: $51.00
JoAnn L. Hathaway
JoAnn L. Hathaway is a practice management advisor for the State Bar of Michigan, where she developed, launched, and oversees the Bar’s practice management program. She previously worked as a legal liability claims director, risk manager, paralegal, and legal administrator. She holds undergraduate degrees in Paralegal Studies, and Management and Organizational Development from Spring Arbor University, and a graduate degree in General Administration from Central Michigan University.
She is an Adobe Certified Expert, is a Certified Clio Product Pro, and holds software certifications in LexisNexis Time Matters and Billing Matters software. She is a Registered Professional Liability Underwriter, a licensed property and casualty insurance agent, and the author of the ABA publication Legal Malpractice Insurance in One Hour for Lawyers. She is active in the ABA Law Practice Management Division, serving on the Publishing Board and Law Practice Today Editorial Board, and is a frequent speaker on law firm technology, insurance, and risk and practice management topics.
Social Media as Investigative Research and Evidence
*December 30, 2019. 4:00 PM ET; 3:00 CT; 11:00 AM MT; 1:00 AM PT; Noon AM AKT
Presented by Carole Levitt, Esq. & Mark Rosch
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
The seminar is partially based on the presenters' fifty-five page Social Media chapter from their book, "The Cybersleuth's Guide to the Internet." You will discover how other attorneys are using social media sites for discovery, trial preparation, direct examination, cross-examination, background checks, and locating missing persons and learn how to authenticate profiles and get them admitted into evidence. Don't be left behind in exploiting this gold mine of information.
Learn tips and tricks to successfully navigate through social networking sites to:
- Find out "secret" ways to ferret out information from social media profiles
- Successfully navigate through many social media sites to:
o obtain useful background/investigative information about parties, lawyers, judges, experts, and current & potential clients
o find information to attack a party or witness' credibility
o uncover fraud
o seek out the smoking gun
- Discover if you can obtain social media profiles by subpoena
- Learn about overcoming social media discovery issues
- Find out how to authenticate social media profiles and get them admitted into evidence
Originally Recorded January 21, 2018
Registration Fee: $51.00
Carole A. Levitt, Esq. & Mark E. Rosch
Carole A. Levitt, and Mark E. Rosch, Vice-President, principals of Internet for Lawyers and CLEseminars.com, have been internationally recognized CLE seminar speakers--full-time since 1999 and best-selling ABA Law Practice Division authors. Their areas of expertise are: Internet investigative, legal, and social media research; social media ethics; Google search; and Google cloud Apps.
Together, Mark and Carole have authored hundreds of Internet research articles and co-authored six ABA Law Practice Division books, including Google Gmail and Calendar in One Hour for Lawyers (2013); Find Info like a Pro, Volumes 1 and 2 and Google for Lawyers: Essential Search Tips and Productivity Tools (2010). They have also co-authored fourteen editions of IFL Press’s The Cybersleuth's Guide to the Internet. Carole recently authored Internet Legal Research on a Budget.
In 2013, they were both recipients of the “Fastcase Fifty” award, recognizing “50 of the smartest, most courageous innovators, techies, visionaries, and leaders in the law” and in 2014, they both became Fellows in the College of Law Practice Management, the international honor society that recognizes distinguished law practice management professionals.
Changing Minds Inside and Out of the Courtroom
*December 31, 2019. 1:00 PM ET; 12:00 Noon CT; 11:00 AM MT; 10:00 AM PT; 9:00 AM AKT
Presented by Steven Hughes
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
How would you like to snap your fingers and instantly judges, jurors, and clients would agree with your position? It may not be that easy, however you can dramatically improve your chances for success if you understand how people make decisions and what causes them to act. Influence is a dynamic CLE program that draws on the latest scientific research to illustrate how you can ethically influence clients, colleagues, and members of the court to see things your way—all without resorting to manipulation. Best of all, you'll leave this session with practical ideas you can apply right away.
Specifically, you will be able to:
- Discover the two elements you must have to win over any skeptical mind.
- Utilize the four key drivers of persuasion to gain acceptance of your arguments and ideas.
- Examine what the Code of Professional Responsibility has to say about how to remain above reproach when seeking to influence others.
- Overcome the common mistakes most lawyers make when trying to change people’s minds.
- Leave much of the conventional wisdom about influence behind (most of it doesn’t work anyway).
Originally Recorded November 20, 2017.
Registration Fee: $51.00
Steve Hughes
Steve Hughes is President Hit Your Stride, LLC, a communications consultancy that helps people look and sound smart when they talk. He is the author of Captivate: Presentations That Engage and Inspire and he has been featured on NPR, CBS, and BBC Radio and in The Wall Street Journal and Businessweek. He is also the proud creator of “International Be Kind to Lawyers Day,” which is observed annually on the second Tuesday in April.
Today he works with a short list of blue chip clients including AmLaw 200 law firms, national associations, and leading universities. Prior to launching Hit Your Stride, Steve was the co-owner of an award-winning 50-person advertising agency in St. Louis where he delivered hundreds of presentations with millions of dollars on the line.
He holds a BA in French Literature and European History from the University of Kansas and an MBA in Marketing from Washington University in St. Louis, where he was awarded the prestigious Olin Cup.
The Ethics of Social Media Research
*December 31, 2019. 4:00 PM ET; 3:00 Noon CT; 2:00 AM MT; 1:00 AM PT; Noon AM AKT
Presented by Caorle Levitt, Esq. & Mark Rosch
(This is a “simulive” rebroadcast of a previously recorded presentation. The presenter will be available during the rebroadcast to answer questions.)
Learn how to avoid potential ethical traps when you research social media profiles for investigative/background purposes and to use as evidence. The seminar is partially based on the speakers' fifty-five page Social Media chapter from their book, "The Cybersleuth's Guide to the Internet."
This program specifically addresses how MPRC Rules apply to social media research: Rule 1.1 (and the new comment 8), as well as MPRC Rules 3.3, 3.4(a), 3.5, 4.1, 4.1(a), 4.2, 5.3(b)(1), 8.4(c).
This program also reviews pertinent Ethics opinions in more than two dozen jurisdictions, discusses relevant caselaw, and reviews detailed Guidelines for social media research issued by the New York State Bar’s Commercial and Federal Litigation Section.
The speakers will review:
- Social Media Research Ethical Guidelines
- State Bar, Local Bar, and ABA Ethics Opinions
- Cases Decided in Various States
- How They All Tie into the ABA Model Rules of Professional Conduct
The program will also explore:
- Who's your friend? Could "friending" violate the deception or ex parte communication ethical rules?
- Whether it is ethical to research the social media profiles of parties and witnesses during discovery or trial?
- Whether it is ethical to research the social media profiles of potential jurors before trial or seated jurors before and during trial?
- If advising clients to delete, deactivate, or adjust privacy settings on their social networking accounts lead to an ethical violation or spoliation charge?
- Configuring security/privacy settings in your own profile to avoid ethical breaches.
(Originally Recorded January 30, 2018)
Registration Fee: $51.00
Carole A. Levitt, Esq. & Mark E. Rosch
Carole A. Levitt, and Mark E. Rosch, Vice-President, principals of Internet for Lawyers and CLEseminars.com, have been internationally recognized CLE seminar speakers--full-time since 1999 and best-selling ABA Law Practice Division authors. Their areas of expertise are: Internet investigative, legal, and social media research; social media ethics; Google search; and Google cloud Apps.
Together, Mark and Carole have authored hundreds of Internet research articles and co-authored six ABA Law Practice Division books, including Google Gmail and Calendar in One Hour for Lawyers (2013); Find Info like a Pro, Volumes 1 and 2 and Google for Lawyers: Essential Search Tips and Productivity Tools (2010). They have also co-authored fourteen editions of IFL Press’s The Cybersleuth's Guide to the Internet. Carole recently authored Internet Legal Research on a Budget.