2019 CLE On Demand Courses

The Lawyer’s Guide to Ethical Business Development

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:02

Format: Audio and Video

Faculty: Cynthia Sharp, Esq. 

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

 

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.

She can be reached via email at cindy@thesharperlawyer.com.

 


 

The Ethics of Delegation

Category: General

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:01

Format: Audio and Video

Faculty: Cynthia Sharp, Esq. 

Many lawyers have not mastered effective delegation techniques probably because nobody ever taught them the basic skills. This program addresses delegation techniques compliant with MRPC 5.1 and 5.3's supervisory requirements.

They are missing the opportunity to leverage their own talents by delegating projects and tasks to other lawyers, legal professionals, and strong support staff. Besides, lawyers are bound by MRPC 5.1 and 5.3 relating to ethical responsibilities in the supervisory context. Workplace outcomes are no doubt adversely affected when delegations go astray. Lawyers and staff at all levels will benefit from the techniques explored in this program. 

Special tips will be provided for Micromanagers, Procrastinators and their victims. Those attending this session will learn 1. Fundamentals of effective delegation 2. Strategies to overcome the syndrome of “delegation reluctance” 3. How to identify and modify typical unproductive delegation behaviors Tools distributed include The Responsibility Shift, Handling Outcomes, The Mistake Process (for Delegator and Delegatee).

 

Cynthia Sharp, Esq.

Director of Attorney Development, The Sharper Lawyer

Cynthia Sharp is the 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.

She can be reached via email at cindy@thesharperlawyer.com.

 


 

10 Steps to Client Relationship Mastery

Category: Legal Ethics

Course Level: Intermediate

Total Credits: 1 Ethics 

Faculty: Cynthia Sharp, Esq.

An ideal attorney/client relationship runs smoothly from start to finish. The client is satisfied, refers friends and pays legal fees on time. The attorney enjoys professional, personal and hopefully financial rewards. However, the reality is that issues and problems (many of which are avoidable) can arise at any point during the course of representation. This program offers a practical and strategic approach to developing and maintaining effective and ethical relationships with law firm clients.

Attendees will learn:

  • Ethical Standards Governing Lawyer Communication (MRPC 1.4)
  • Five Key Points to Address at the Outset of Representation
  • How to Develop a Strong Client Communication System
  • Four Keys to Avoiding Miscommunication!
  • Three Letters That Must Be Sent - ALWAYS - In EVERY Case!
  • Strategies for Handling Difficult Client Situations
  • Obligations Upon Termination of the Relationship 

 

Cynthia Sharp Esq.

Director of Attorney Development, The Sharper Lawyer

Cynthia Sharp is the 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.

She can be reached via email at cindy@thesharperlawyer.com.

 


 

Microsoft Word’s Styles: A Guide for Lawyers

Category: General

Course Level: Intermediate

Total Credits: 1 General 

Duration: 1:05

Format: Audio and Video

Faculty: John Federico, Esq. 

Microsoft Word includes powerful tools to create the highly formatted documents attorneys must create. Microsoft Word combines font and paragraph formatting into something called Styles.  Styles are applied to all text whether you want them or not; and there is no way to turn off the feature.  Unfortunately, for most attorneys using Word teaches you almost nothing about what Styles are, what they do, how incredibly useful they are, or how to control them. 

This seminar will de-mystify Microsoft Word’s Styles and show legal professionals how to control and customize them for the documents you draft in your practice.  Be prepared for many “a-ha” moments.

 

John Federico, Esq.

John Federico received his BBA in Decision Science from The University of Toledo, his BS in Electrical and Computer Engineering from The Ohio State University, and his JD from Washington University in St. Louis School of Law. His professional memberships include the Ohio State Bar Association and Columbus Bar Association. Mr. Federico is an attorney and senior consultant at Affinity Consulting Group.

Prior to joining Affinity Consulting Group, he practiced law for nine years, litigating personal injury cases, insurance cases, and numerous appeals. Mr. Federico is also a licensed patent attorney. He now specializes in HotDocs document assembly software and office software training, including integrations with case management systems such as LawBase, Amicus Attorney, Time Matters, Actionstep and PracticeMaster.

Mr. Federico has prior experience in using a wide variety of systems, including Windows, Macintosh, and Linux; and programming in various languages.

 


Document Assembly for Lawyers

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:00

Format: Audio and Video

Faculty: John Federico, Esq.

Reusing old documents with find and replace has a high margin for error and is slower than better, alternative methods.

Discover how to leverage the best of your intellectual capital to increase speed, accuracy, and efficiency. Improved drafting methods directly impact the bottom line and improve client satisfaction.

 

John Federico, Esq.

John Federico received his BBA in Decision Science from The University of Toledo, his BS in Electrical and Computer Engineering from The Ohio State University, and his JD from Washington University in St. Louis School of Law. His professional memberships include the Ohio State Bar Association and Columbus Bar Association. Mr. Federico is an attorney and senior consultant at Affinity Consulting Group.

Prior to joining Affinity Consulting Group, he practiced law for nine years, litigating personal injury cases, insurance cases, and numerous appeals. Mr. Federico is also a licensed patent attorney. He now specializes in HotDocs document assembly software and office software training, including integrations with case management systems such as LawBase, Amicus Attorney, Time Matters, Actionstep and PracticeMaster.

Mr. Federico has prior experience in using a wide variety of systems, including Windows, Macintosh, and Linux; and programming in various languages.

 


 

Moving Your Practice Into the Cloud - Benefits, Drawbacks and Ethical Issues

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:00

Format: Audio and Video

Faculty: Barron Henley, Esq.

You no longer have to purchase software and servers for your office. Today, you can rent software or server access via the Internet and thereby avoid any up-front costs. This process is often referred to as "moving to the cloud."

Of course, your client data would also be stored on the rented or hosted servers. In this seminar, we'll explain the associated pros, cons, risks and ethical issues of doing this with your practice.

It is definitely possible for lawyers to get off the treadmill of buying new hardware/software, using it until obsolescence, then buying new hardware/software again. This seminar will explain how to get there.

 

Barron Henley, Esq.

Mr. Henley is one of the founding partners of Affinity Consulting Group, a national legal technology consulting firm which handles all aspects of law practice automation. He received his B.S./B.A. (marketing & economics) and J.D. from The Ohio State University and is a member of the American, Ohio and Columbus Bar Associations, and the Worthington Estate Planning Council. He is a member of the ABA Law Practice Division and is the former Chair of the Ohio State Bar Association Law Office Automation & Technology Committee. 

Mr. Henley heads Affinity’s document assembly/automation and software training departments; he is a renowned expert on Microsoft Word, Adobe Acrobat, and HotDocs document assembly software; and has authored legal-specific manuals on HotDocs, Adobe Acrobat, and Microsoft Word, Excel & Outlook.

He teaches continuing legal education (CLE) classes throughout the U.S. & Canada covering a wide variety of topics related to law practice management, technology, and ethics.

 


 

Disorder in the Court: An Attorney’s Guide to Judicial Misconduct

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:04

Format: Audio and Video

Faculty: 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.”

 

Phillip 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/.

 


 

Cybersleuth Investigative Series...Using Free Public Records and Publicly Available Information for Investigative and Background Research

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:03

Format: Audio and Video

Faculty: Carole Levitt, Esq. and Mark Rosch

Just because a record is “public” doesn’t mean it has to be easy to access or even to find. The Internet has been a boon to researchers trying to locate information on people and companies. Public records and other publicly available information is now more accessible than ever before...if you know where to look for it...and how to dig it out of the sites that do make it available. This seminar will help you uncover the best sources for them online. 

  • Free Public Records on the Web
    • Discover quick and easy methods to locate public records
    • Uncover criminal history, current inmates, and sex offender registries
    • Unearth property records
    • Find out how to access driver’s license, vehicle records, and driving records
    • Dig up assets: boats, planes, company employee benefit plans, patents, trademarks, and copyrights
    • Find vital records: birth, death, marriage, and divorce
    • Locate political campaign contributions
    • Finding military personnel
  • Free Publicly Available Information on the Web
    • Discover cell phone and unpublished numbers
    • Unravel associations between companies
    • Explore experts and learn about their backgrounds
  • Use Expensive Databases for Free to Find
    • Addresses and phone numbers of evasive parties you need to serve
    • Private and public company information

 

Carole Levitt, Esq.

Carole Levitt, founder/principal of Internet For Lawyers (IFL), is an internationally recognized CLE seminar speaker and best-selling American Bar Association author. She writes and speaks on Internet investigative and legal research, social media research, social media ethics, and technology for lawyers.  Since 1999, IFL has provided law firms, corporations, and local and state Bar Associations around the country with professional and entertaining turn-key CLE programs. The company focuses on delivering information about free investigative and background research resources available on the Internet.

Together with co-author Mark Rosch, Levitt has written several ABA Law Practice Division books, including "Google Gmail and Calendar For Lawyers in One Hour" (2013), two editions of "The Lawyer’s Guide to Fact Finding on the Internet," "Google For Lawyers," and "Find Info Like a Pro," Volumes 1 and 2. They have also just completed the thirteenth edition of their book "The Cybersleuth's Guide to the Internet" (2015, IFL Press). Levitt also co-authored “Internet Legal Research on a Budget (ABA, 2013) with Judy K. Davis.

Previously, Levitt was a California attorney, a law librarian in Chicago and Los Angeles, and a Legal Research and Writing Professor at Pepperdine University School of Law. She graduated with distinction from The John Marshall Law School in Chicago and was a member of the school’s law review. Carole has a Masters in Library Science and a B.A. in Political Science from the University of Illinois.

She is active in numerous professional associations, including the American Bar Association (ABA) and the Association of Continuing Legal Education (ACLEA).

 

Mark Rosch

Mark Rosch is Vice-President of Internet for Lawyers and President of its CLEseminars.com division. He’s an internationally recognized speaker and author on the subjects of using the Internet for investigative and background research, Google search, and Google Cloud Apps.

He has co-authored numerous books and hundreds of articles on these and other related topics, receiving top industry recognition for his work.

Mark is a Fellow in the College of Law Practice Management, an honorary society that honors and recognizes distinguished law practice management professionals, and in 2013 he was named to the "Fastcase Fifty," recognizing “50 of the smartest, most courageous innovators, techies, visionaries, and leaders in the law.”

Mark is a long-time member of ACLEA and the ABA and is active member in both organizations. He has served in numerous leadership positions – recently completing a 3-year term on the ABA TECHSHOW Planning Board.

 


 
 

Cybersleuth Investigative Series: How To Be Your Own Private Investigator With Pay Investigative Research Databases

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:01

Format: Audio and Video

Faculty: Carole Levitt, Esq. and Mark Rosch

When you can’t find what you need for free on the Internet, or if searching site-by-site and/or jurisdiction-by-jurisdiction is not worth your time, consider subscribing to a pay investigative research database. These databases collect information not only from public record and “publicly available” sources, but also from credit header and proprietary sources, from as many jurisdictions as possible. The information is then integrated into one large searchable relational database, with results that practically allow you to create a dossier about your subject.  We will illustrate how to use these types of databases by using TLOxp as our example (but the seminar will be useful even if you subscribe to another investigative research database such as Accurint, PeopleMap, or CLEAR). We will also discuss what federal and states laws come into play when you attempt to get certified to use these databases.

  • What’s available at TLOxp.
  • Find out how to get certified to use TLOxp.
  • Learn to find missing people, even when you don’t know their last name.
  • Discover reverse searching (by phone number, address, email address, Social Security Number, and more).
  • Uncover relationships.
  • Get business background reports.
  • Find real property ownership (and who holds the mortgages).
  • Create dossiers about people, from criminal records and bankruptcies, to domain names, social media profiles, and vehicle sightings, and much more.
  • What’s not available at TLOxp?

 

Carole Levitt, Esq.

Carole Levitt, founder/principal of Internet For Lawyers (IFL), is an internationally recognized CLE seminar speaker and best-selling American Bar Association author. She writes and speaks on Internet investigative and legal research, social media research, social media ethics, and technology for lawyers.  Since 1999, IFL has provided law firms, corporations, and local and state Bar Associations around the country with professional and entertaining turn-key CLE programs. The company focuses on delivering information about free investigative and background research resources available on the Internet.

Together with co-author Mark Rosch, Levitt has written several ABA Law Practice Division books, including "Google Gmail and Calendar For Lawyers in One Hour" (2013), two editions of "The Lawyer’s Guide to Fact Finding on the Internet," "Google For Lawyers," and "Find Info Like a Pro," Volumes 1 and 2. They have also just completed the thirteenth edition of their book "The Cybersleuth's Guide to the Internet" (2015, IFL Press). Levitt also co-authored “Internet Legal Research on a Budget (ABA, 2013) with Judy K. Davis.

Previously, Levitt was a California attorney, a law librarian in Chicago and Los Angeles, and a Legal Research and Writing Professor at Pepperdine University School of Law. She graduated with distinction from The John Marshall Law School in Chicago and was a member of the school’s law review. Carole has a Masters in Library Science and a B.A. in Political Science from the University of Illinois.

She is active in numerous professional associations, including the American Bar Association (ABA) and the Association of Continuing Legal Education (ACLEA).

 

Mark Rosch

Mark Rosch is Vice-President of Internet for Lawyers and President of its CLEseminars.com division. He’s an internationally recognized speaker and author on the subjects of using the Internet for investigative and background research, Google search, and Google Cloud Apps.

He has co-authored numerous books and hundreds of articles on these and other related topics, receiving top industry recognition for his work.

Mark is a Fellow in the College of Law Practice Management, an honorary society that honors and recognizes distinguished law practice management professionals, and in 2013 he was named to the "Fastcase Fifty," recognizing “50 of the smartest, most courageous innovators, techies, visionaries, and leaders in the law.”

Mark is a long-time member of ACLEA and the ABA and is active member in both organizations. He has served in numerous leadership positions – recently completing a 3-year term on the ABA TECHSHOW Planning Board.

 


 

How to Avoid Making the Techno-Ethical Mistakes That Put You on the Front Page

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:03

Format: Audio and Video

Faculty: 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.  
 
 
Daniel J. Siegel, Esq.
Daniel Siegel wears two hats–he is a practicing attorney in Pennsylvania and also a full-time technology consultant. As an attorney, Dan 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 is also a is a frequent author and nationally recognized speaker, on the subjects of legal ethics, social media, law firm technology, law practice management, and mobile computing for lawyers. Dan wrote, or co-wrote, “How to do More in Less Time,” "The Ultimate Guide to Adobe Acrobat DC", “The Lawyer’s Guide to LexisNexis CaseMap” and “Checklists for Lawyers,” among other books, all for the ABA Law Practice Division.

 


To Indemnify or to Hold Harmless?

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:00

Format: Audio and Video

Faculty: Lenné Espenschied, Esq.

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.

 

Lenné 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 opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting.

 


 

Social Media as Investigative Research and Evidence

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:03

Format: Audio and Video

Faculty: Carole Levitt, Esq. and Mark Rosch

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:

    • obtain useful background/investigative information about parties, lawyers, judges, experts, and current & potential clients
    • find information to attack a party or witness' credibility
    • uncover fraud
    • 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

 

Carole Levitt, Esq.

Carole Levitt, founder/principal of Internet For Lawyers (IFL), is an internationally recognized CLE seminar speaker and best-selling American Bar Association author. She writes and speaks on Internet investigative and legal research, social media research, social media ethics, and technology for lawyers.  Since 1999, IFL has provided law firms, corporations, and local and state Bar Associations around the country with professional and entertaining turn-key CLE programs. The company focuses on delivering information about free investigative and background research resources available on the Internet.

Together with co-author Mark Rosch, Levitt has written several ABA Law Practice Division books, including "Google Gmail and Calendar For Lawyers in One Hour" (2013), two editions of "The Lawyer’s Guide to Fact Finding on the Internet," "Google For Lawyers," and "Find Info Like a Pro," Volumes 1 and 2. They have also just completed the thirteenth edition of their book "The Cybersleuth's Guide to the Internet" (2015, IFL Press). Levitt also co-authored “Internet Legal Research on a Budget (ABA, 2013) with Judy K. Davis.

Previously, Levitt was a California attorney, a law librarian in Chicago and Los Angeles, and a Legal Research and Writing Professor at Pepperdine University School of Law. She graduated with distinction from The John Marshall Law School in Chicago and was a member of the school’s law review. Carole has a Masters in Library Science and a B.A. in Political Science from the University of Illinois.

She is active in numerous professional associations, including the American Bar Association (ABA) and the Association of Continuing Legal Education (ACLEA).

 

Mark Rosch

Mark Rosch is Vice-President of Internet for Lawyers and President of its CLEseminars.com division. He’s an internationally recognized speaker and author on the subjects of using the Internet for investigative and background research, Google search, and Google Cloud Apps.

He has co-authored numerous books and hundreds of articles on these and other related topics, receiving top industry recognition for his work.

Mark is a Fellow in the College of Law Practice Management, an honorary society that honors and recognizes distinguished law practice management professionals, and in 2013 he was named to the "Fastcase Fifty," recognizing “50 of the smartest, most courageous innovators, techies, visionaries, and leaders in the law.”

Mark is a long-time member of ACLEA and the ABA and is an active member in both organizations. He has served in numerous leadership positions – recently completing a 3-year term on the ABA TECHSHOW Planning Board.

 


 

Rock-N-Roll Law Intellectual Property/copyright Series: An Overview of Music Copyright Law Using the Beatles as a Case Study

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:02

Format: Audio and Video

Faculty: Jim Jesse, Esq.

This webinar is designed to give you an overview of music copyright law concepts, but drills down when necessary to discuss specifics of topics like the sources of revenue songs can generate, among other pertinent areas.

This webinar covers the basics of music copyright law, including how to properly establish and register a copyright for music. You'll also explore the exclusive rights that come with copyright and what those basic rights mean under federal law. The webinar will also discuss how the music industry has changed over the years and how that affects the law. Specific musical examples are used throughout the presentation to elaborate on the law.

 

Jim Jesse, Esq.

Jim Jesse has been an attorney for 24 years and has been a full-time CLE presenter since 2013. He is the former General Counsel for Cool Music Network (THECOOLTV), which is a 24-hour music video television network. 

Previously in private practice, he founded Rock N Roll Law to spread his passion for music law through his seminars.

He is also a singer/songwriter who has released two albums, is a member of BMI, and has run his own record label distributing his music. He has written songs for more than 30 years and studied music history for nearly as long.

He is also the author of "The Music Copyright Law Manual" and the forthcoming "The Musician’s Guide to Music Copyright Law."

Mr. Jesse consults and practices in areas regarding intellectual property, licensing and music law. He has drafted and reviewed hundreds of contracts from small barter deals to multi-million dollar ones.

 


 

Ethical Issues and Implications on Lawyers' Us of LinkedIn

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:02

Format: Audio and Video

Faculty: Alison C. Shields, Esq.

Social media sites such as Facebook, Twitter and LinkedIn have become part of every lawyer’s daily life, and they can be helpful tools for expanding your professional presence and marketing your practice, as well as valuable investigative tools. But the same ethical rules that govern lawyers’ conduct also apply to their use of social media, and that can raise some concerns for lawyers in their use of these tools.

This webinar will focus on the ethical use of LinkedIn as a marketing and professional development tool, but will also touch on broader ethical pitfalls in lawyers’ use of social media in general, both for marketing purposes and as a litigation tool, discussing some of the rules and opinions that apply. Some of these issues are:

  • Is your LinkedIn Profile Advertising?
  • Staying away from false or misleading statements
  • Do you need a disclaimer on your LinkedIn profiles?
  • How do the solicitation rules apply to LinkedIn?
  • Do the “specialties” and “Skills and Endorsements” sections of LinkedIn raise ethical problems?
  • Should I ask for client recommendations on LinkedIn?
  • Confidentiality issues - what you can and cannot say about clients and cases on LinkedIn and how to communicate ethically with potential clients
  • Unauthorized practice of law and inadvertent attorney-client relationships
  • Who lawyers can and should connect to on social media

 

Allison C. Shields, Esq.

Allison C. Shields, Esq., President of Legal Ease Consulting, Inc., provides marketing, social media, business development, productivity and practice management, coaching and consulting services for lawyers and law firms.

After leaving her position as Administrative Partner at one of Long Island’s premier law firms in 2005, Allison started Legal Ease Consulting, Inc. to help lawyers build better law practices. A former practicing lawyer and law firm manager, Allison understands the law firm environment and the daily pressures faced by lawyers trying to manage and build their business while practicing law and successfully serving their clients.

 


 

Ethical Issues and Implications on Lawyers' Us of LinkedIn

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:00

Format: Audio and Video

Faculty: Andrew Elowitt, Esq.

Lawyers are increasingly turning to professional coaches to help them improve their practice and management skills. Being informed and prepared about the coaching process can help you get the most out of your investment in coaching.

Lawyers must know more than the law. Their ethical obligation to provide competent representation continues to expand. (See Comment 8 to Rule 1.1 of the ABA Model Rules of Professional Conduct.) From both ethical and business perspectives, lawyers must maintain the requisite knowledge and skill to manage their practices. (Ignorance, for example, of lawyer trust accounting principles, isn’t a viable defense to disciplinary charges of misappropriation of clients’ funds.) 

As a result, lawyers are increasingly relying on outsiders to help them run their practices. As legal practice has become more complex, multifaceted and demanding, lawyers now routinely call vendors, consultants, coaches, trainers and mental health professionals for help. Knowing whom to call can be confusing. This confusion is even greater when it comes to coaches and coaching.  It doesn’t have to be.

Attendees will also learn how to avoid the 10 most common mistakes lawyers make when selecting and working with a coach.

 

Andrew Elowitt, Esq.

Andrew Elowitt, JD, MBA, PCC, brings over twenty-five year’s experience as both an executive and business lawyer to his coaching, facilitation, and organizational development clients. 

Andrew Elowitt is the Managing Director of New Actions LLC, specialists in talent, strategy and leadership development for law firms and corporate legal departments. He is a Fellow in the College of Law Practice Management and an ICF Professional Certified Coach. Before becoming a coach and consultant, Andrew worked both in law firms and as General Counsel during his over twenty years as an active California lawyer. He is regarded as an expert in the use of emotional, social and conversational intelligence in leading and managing legal organizations. He is the author of the ABA’s “Lawyer’s Guide to Professional Coaching: Leadership, Mentoring & Effectiveness” and a frequent contributor to the ABA Law Practice Division’s “Law Practice” magazine.

 


 

How to Avoid Potential Malpractice Pitfalls in the Cloud and in Everyday Law Office Computing

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:00

Format: Audio and Video

Faculty: Debbie Foster

Attendees will learn about the ethical pitfalls of the mobile, cloud and everyday law office computing. In this program, attendees will learn about cloud options and address how to safely store documents, data, and programs in the cloud and on mobile devices.

Learn what programs and features you should & must use in cloud storage options like Dropbox, Box & OneDrive.

The webinar will also discuss:

  • security vulnerabilities related to documents, emails, and e-discovery
  • the potential metadata nightmare
  • how to properly delete client data, assign passwords, and dispose of computer equipment while protecting client privacy

 

Debbie Foster

Debbie Foster is the managing partner of Affinity's Tampa Bay office. She founded InTouch Legal (now part of Affinity Consulting) in 1998.

Debbie has been working with law firms since 1995, personally helping implement solutions ranging from practice management,

time/billing/accounting, document management, and general law office management issues. In addition to working with law firms throughout the U.S., Caribbean, and Canada, she has also trained hundreds of consultants around the country on software programs used in law firms and best practices when consulting on a law firm’s specific technology needs.

Debbie is very active in the ABA's Law Practice Division and served as the Chair of ABA TECHSHOW in 2010 and co-chair in 2018. Debbie is also very active in Local and State Bar Associations, and she regularly speaks on topics relating to technology, management, finance and marketing of a law firm.

 


 

Bad Review? Bad Response? Bad Idea! Ethically Managing Your Online Reputation

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:01

Format: Audio and Video

Faculty: Jennifer Ellis, Esq. and Daniel J. Siegel, Esq.

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.

 

Jennifer Ellis, Esq.

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. Jennifer is a frequent author and nationally recognized speaker, on the subjects of legal ethics, social media, law firm technology, law practice management, websites, and marketing. 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.

Daniel J. Siegel, Esq. 

Daniel Siegel wears two hats–he is a practicing attorney in Pennsylvania and also a full-time technology consultant. As an attorney, Dan 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 is also a is a frequent author and nationally recognized speaker, on the subjects of legal ethics, social media, law firm technology, law practice management, and mobile computing for lawyers. Dan wrote, or co-wrote, “How to do More in Less Time,” “The Lawyer’s Guide to LexisNexis CaseMap” and “Checklists for Lawyers,” among other books, all for the ABA Law Practice Division.


 

The Ethics of Social Media Research

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:04

Format: Audio and Video

Faculty: Carole Levitt, Esq. and Mark Rosch

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 case law, 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.

 

Carole Levitt, Esq.

Carole Levitt, founder/principal of Internet For Lawyers (IFL), is an internationally recognized CLE seminar speaker and best-selling American Bar Association author. She writes and speaks on Internet investigative and legal research, social media research, social media ethics, and technology for lawyers.  Since 1999, IFL has provided law firms, corporations, and local and state Bar Associations around the country with professional and entertaining turn-key CLE programs. The company focuses on delivering information about free investigative and background research resources available on the Internet.

Together with co-author Mark Rosch, Levitt has written several ABA Law Practice Division books, including "Google Gmail and Calendar For Lawyers in One Hour" (2013), two editions of "The Lawyer’s Guide to Fact Finding on the Internet," "Google For Lawyers," and "Find Info Like a Pro," Volumes 1 and 2. They have also just completed the thirteenth edition of their book "The Cybersleuth's Guide to the Internet" (2015, IFL Press). Levitt also co-authored “Internet Legal Research on a Budget (ABA, 2013) with Judy K. Davis.

Previously, Levitt was a California attorney, a law librarian in Chicago and Los Angeles, and a Legal Research and Writing Professor at Pepperdine University School of Law. She graduated with distinction from The John Marshall Law School in Chicago and was a member of the school’s law review. Carole has a Masters in Library Science and a B.A. in Political Science from the University of Illinois.

She is active in numerous professional associations, including the American Bar Association (ABA) and the Association of Continuing Legal Education (ACLEA).

 

Mark Rosch

Mark Rosch is Vice-President of Internet for Lawyers and President of its CLEseminars.com division. He’s an internationally recognized speaker and author on the subjects of using the Internet for investigative and background research, Google search, and Google Cloud Apps.

He has co-authored numerous books and hundreds of articles on these and other related topics, receiving top industry recognition for his work.

Mark is a Fellow in the College of Law Practice Management, an honorary society that honors and recognizes distinguished law practice management professionals, and in 2013 he was named to the "Fastcase Fifty," recognizing “50 of the smartest, most courageous innovators, techies, visionaries, and leaders in the law.”

Mark is a long-time member of ACLEA and the ABA and is an active member in both organizations. He has served in numerous leadership positions – recently completing a 3-year term on the ABA TECHSHOW Planning Board.

 


 

Discover Hidden and Undocumented Google Search Secrets

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:01

Format: Audio and Video

Faculty: Carole Levitt, Esq. and Mark Rosch

Just about everyone has a computer on their desk and access to the Internet. But if you’ve never taken a formal class to learn how to search effectively, then this seminar is for you!

In this webinar, you’ll begin to discover hidden and undocumented Google search features and shortcuts to speed up your research. You will learn more about some of the less-obvious features of the world’s most popular search engine, the ways other lawyers are using those features to research for their matters em, and why you should be putting them to use in your practice.

Don’t be left behind in finding out how Google can reveal a gold mine of information that will assist you in meeting your investigative and legal research obligations.

Come join Carole Levitt and Mark Rosch, internationally recognized Internet trainers and authors of seven American Bar Association Internet research books, who will show you how to be a Cybersleuth to unearth information for FREE (or at low cost!) on the Net. Program materials are excerpted from their book, “The Cybersleuth’s Guide to the Internet.”

  • Do lawyers have a "duty to Google?"
  • Improve your results using Boolean and Proximity Connectors
  • How search engines work
  • Understanding the anatomy of the search results page
  • Does word order matter?
  • Choosing your search terms
  • When capitalization matters
  • Learn what’s new at Google
  • Can “Incognito Searching” improve your search experience?
  • Find out how to narrow and filter your search results
  • Are you “Feeling Lucky?”
  • Begin to uncover the hidden tools of Google’s Advanced Search

 

Carole Levitt, Esq.

Carole Levitt, founder/principal of Internet For Lawyers (IFL), is an internationally recognized CLE seminar speaker and best-selling American Bar Association author. She writes and speaks on Internet investigative and legal research, social media research, social media ethics, and technology for lawyers.  Since 1999, IFL has provided law firms, corporations, and local and state Bar Associations around the country with professional and entertaining turn-key CLE programs. The company focuses on delivering information about free investigative and background research resources available on the Internet.

Together with co-author Mark Rosch, Levitt has written several ABA Law Practice Division books, including "Google Gmail and Calendar For Lawyers in One Hour" (2013), two editions of "The Lawyer’s Guide to Fact Finding on the Internet," "Google For Lawyers," and "Find Info Like a Pro," Volumes 1 and 2. They have also just completed the thirteenth edition of their book "The Cybersleuth's Guide to the Internet" (2015, IFL Press). Levitt also co-authored “Internet Legal Research on a Budget (ABA, 2013) with Judy K. Davis.

Previously, Levitt was a California attorney, a law librarian in Chicago and Los Angeles, and a Legal Research and Writing Professor at Pepperdine University School of Law. She graduated with distinction from The John Marshall Law School in Chicago and was a member of the school’s law review. Carole has a Masters in Library Science and a B.A. in Political Science from the University of Illinois.

She is active in numerous professional associations, including the American Bar Association (ABA) and the Association of Continuing Legal Education (ACLEA).

 

Mark Rosch

Mark Rosch is Vice-President of Internet for Lawyers and President of its CLEseminars.com division. He’s an internationally recognized speaker and author on the subjects of using the Internet for investigative and background research, Google search, and Google Cloud Apps.

He has co-authored numerous books and hundreds of articles on these and other related topics, receiving top industry recognition for his work.

Mark is a Fellow in the College of Law Practice Management, an honorary society that honors and recognizes distinguished law practice management professionals, and in 2013 he was named to the "Fastcase Fifty," recognizing “50 of the smartest, most courageous innovators, techies, visionaries, and leaders in the law.”

Mark is a long-time member of ACLEA and the ABA and is an active member in both organizations. He has served in numerous leadership positions – recently completing a 3-year term on the ABA TECHSHOW Planning Board.

 


 

Advanced Google Search for Lawyers

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:02

Format: Audio and Video

Faculty: Carole Levitt, Esq. and Mark Rosch

There’s so much more to Google than the simple search box on the home page...if you know where to look.

Carole Levitt and Mark Rosch, authors of “Google for Lawyers” and “The Cybersleuth’s Guide to the Internet,” will take you on a deep dive into the Google Advanced Search menu so you can quickly conduct factual and investigative research for your client matters. You will also explore some of Google’s specialty databases and specialized searches to help you locate very specific types of information.

Program materials are excerpted from their book, “The Cybersleuth’s Guide to the Internet.”

  • Exploring Google’s Advanced Search menu to create more sophisticated and targeted searches
  • Determining credibility of results
    • Searching Google’s specialty databases
    • News and News Alerts
  • Image and Reverse Image searching
  • Coaxing landline, cellular, fax numbers, and other contact information out of the Web
  • Using Google as a dictionary
  • Translating with Google

 

Carole Levitt, Esq.

Carole Levitt, founder/principal of Internet For Lawyers (IFL), is an internationally recognized CLE seminar speaker and best-selling American Bar Association author. She writes and speaks on Internet investigative and legal research, social media research, social media ethics, and technology for lawyers.  Since 1999, IFL has provided law firms, corporations, and local and state Bar Associations around the country with professional and entertaining turn-key CLE programs. The company focuses on delivering information about free investigative and background research resources available on the Internet.

Together with co-author Mark Rosch, Levitt has written several ABA Law Practice Division books, including "Google Gmail and Calendar For Lawyers in One Hour" (2013), two editions of "The Lawyer’s Guide to Fact Finding on the Internet," "Google For Lawyers," and "Find Info Like a Pro," Volumes 1 and 2. They have also just completed the thirteenth edition of their book "The Cybersleuth's Guide to the Internet" (2015, IFL Press). Levitt also co-authored “Internet Legal Research on a Budget (ABA, 2013) with Judy K. Davis.

Previously, Levitt was a California attorney, a law librarian in Chicago and Los Angeles, and a Legal Research and Writing Professor at Pepperdine University School of Law. She graduated with distinction from The John Marshall Law School in Chicago and was a member of the school’s law review. Carole has a Masters in Library Science and a B.A. in Political Science from the University of Illinois.

She is active in numerous professional associations, including the American Bar Association (ABA) and the Association of Continuing Legal Education (ACLEA).

 

Mark Rosch

Mark Rosch is Vice-President of Internet for Lawyers and President of its CLEseminars.com division. He’s an internationally recognized speaker and author on the subjects of using the Internet for investigative and background research, Google search, and Google Cloud Apps.

He has co-authored numerous books and hundreds of articles on these and other related topics, receiving top industry recognition for his work.

Mark is a Fellow in the College of Law Practice Management, an honorary society that honors and recognizes distinguished law practice management professionals, and in 2013 he was named to the "Fastcase Fifty," recognizing “50 of the smartest, most courageous innovators, techies, visionaries, and leaders in the law.”

Mark is a long-time member of ACLEA and the ABA and is an active member in both organizations. He has served in numerous leadership positions – recently completing a 3-year term on the ABA TECHSHOW Planning Board.

 


 

Ethics for Transactional Lawyers

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:02

Format: Audio and Video

Faculty: Lenne Espenschied

Got ethics?

This program will explore ethical issues from a transactional lawyer's perspective.  Using the ABA's Model Rules of Professional Conduct as a guide, we'll consider sticky situations that often arise in the course of negotiating and drafting contracts, like these:  

  • what is required for "competent" representation?
  • where does zealous representation cross into deception, and is deception ok?  
  • how one-sided should a contract be?
  • what if the opposing party drafts a contract that contains materially incorrect assumptions about the law or facts, but the incorrect assumptions benefit your client?
  • what if the opposing party is represented by counsel, but wants to discuss contract terms directly with you?
  • if you represented the seller in a merger, is the acquirer entitled to access your privileged communications?  
    can you use the metadata in a contract drafted by opposing counsel? 
  • The following ABA Model Rules of Professional Conduct are discussed:  1.1; 1.2; 1.4; 4.1; 4.2; 4.4; and 5.3, and more.

 

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 opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting.

 


 

Disaster Planning and Network Security for a Law Firm

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: o:58

Format: Audio and Video

Faculty: Britt Lorish

Floods, market crashes, hurricanes, fires, personal illness, malicious employees —we live in a troubled world. You probably don’t need to protect your firm from extraterrestrials (well … not yet), but you do need to be forearmed against reasonably foreseeable disasters, natural or man-made! 

There are easy, and cheap steps that you can take to help ensure continued service to your clients. This webinar will identify the essential components of a disaster recovery plan and network security for law practices of any size.

 

Britt Lorish

Britt Lorish is the managing partner of Affinity Consulting Group's Virginia office, which she founded in 2000. Prior to that, she spent more than a decade as a litigation paralegal and law firm network administrator. Britt is active in the ABA Law Practice Division, including having served as ABA TECHSHOW Chair in 2013 and currently serving as the Chair of the Law Firm Finance Committee.  Britt is a graduate of the University of Tampa with a Bachelor of Science in Criminology/Pre-Law.

Britt regularly speaks on legal technology and law firm finance issues at the local, regional and national level, including CLEs for organizations such as the Ohio State Bar, the Virginia Trial Lawyers Association, the West Virginia State Bar, and the Institute for Paralegal Education. She is a regular speaker at the ABA TECHSHOW and in March of 2009, Britt was selected to serve on the ABA TECHSHOW Planning Board, serving as  Chair of ABA TECHSHOW 2013.

She has contributed articles to publications such as the ABA LPD’s Law Practice magazine, Law Office Computing and Technolawyer. Britt has extensive experience consulting on legal technology issues, implementing and conducting training on legal specific software and she specializes in tailoring custom technology solutions for law firms and law-related agencies. She maintains certifications in numerous software products including Tabs3, PracticeMaster, DragonNaturally Speaking, PCLaw, Worldox, HotDocs, Philips SpeechExec, and ProLaw.

 


 

Deal or No Deal Episode 1: Ethics on Trial

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:01

Format: Audio and Video

Faculty: Joel Oster

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.

 

Joel Oster, Esq.

Joel is a seasoned constitutional attorney and a 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, as well as individuals, corporations, and political committees against discriminatory and unconstitutional campaign finance regulations.

 


 

8 Mistakes Experienced Contract Drafters Usually Make

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:01

Format: Audio and Video

Faculty: Lenne Espenschied

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; and
  • Highly practical, effective techniques to avoid these flagrant errors and significantly improve your contract drafting expertise.

 

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 opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting.

 


 

Rock-N-Roll Law Intellectual Property/Copyright Series: The Exclusive Rights (and Revenue) You Get with Music

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:00

Format: Audio and Video

Faculty: Jim Jesse

In this program, attorney/songwriter Jim Jesse explores "the meat" of music copyright law, as he walks you through ALL of the revenue sources songs can generate for your music clients. 

Jesse takes a wholistic approach to the discussion of the six exclusive rights that come along with any song copyright: reproduction, distribution, public performance of the composition and the master, derivatives, and public display. He details each of those rights in the order they would arise during the songwriting/recording process. 

Particular emphasis is focused on mechanical royalties, performance royalties, licensing, and publishing. The program also covers the permissions necessary to license the works of others.

This is the second installment of Jesse's Intellectual Property/Music 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.

 

Jim Jesse, Esq.

Jim Jesse has been an attorney for 24 years and has been a full-time CLE presenter since 2013. He is the former General Counsel for Cool Music Network (THECOOLTV), which is a 24-hour music video television network. 

Previously in private practice, he founded Rock N Roll Law to spread his passion for music law through his seminars.

He is also a singer/songwriter who has released two albums, is a member of BMI, and has run his own record label distributing his music. He has written songs for more than 30 years and studied music history for nearly as long.

He is also the author of "The Music Copyright Law Manual" and the forthcoming "The Musician’s Guide to Music Copyright Law."

Mr. Jesse consults and practices in areas regarding intellectual property, licensing and music law. He has drafted and reviewed hundreds of contracts from small barter deals to multi-million dollar ones.

 


 
 

Overcoming Procrastination - How to Kick the Habit

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:00

Format: Audio and Video

Faculty: Irwin Karp

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.

 

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.

 


 

Changing Minds Inside and Out of the Courtroom

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:00

Format: Audio and Video

Faculty: Steven Hughes

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. This dynamic CLE program 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 the influence behind (most of it doesn’t work anyway).

 

Steven 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.  


 

Clear and Effective Communications with Clients, Colleagues, and Staff

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:01

Format: Audio and Video

Faculty: Irwin Karp

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

 

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

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 0:59

Format: Audio and Video

Faculty: Roy Ginsburg

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)

 

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.

 


 

Clarence Darrow: Crimes, Causes, and the Courtroom

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 3:00

Format: Audio and Video

Faculty: Graham Thatcher, Anna Marie Thatcher, Brian T. Guthrie, Barry R. Vickrey, Charles Abourezk, Alicia Garcia and John M. Stuart

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.

CLE TIME: The webinar features the movie and a filmed panel discussion and runs 3 hours.

The filmed panel discussion is moderated by Attorney Brian T. Guthrie. During this on-demand viewing, attendees can also submit questions to Guthrie via email. 

Throughout the webinar, this presentation deals with issues relating to the ABA Model Rules of Professional Conduct, including:

  • Preamble: A Lawyer's Responsibilities
  • Rule 1.2:     Scope of Representation and Allocation of Authority Between Lawyer and Client
  • Rule 1.6:     Confidentiality
  • Rule 1.7:     Conflict of Interest:  General Rule
  • Rule 1.13:   Organizational Clients
  • Rule 2.1:     Advisor
  • Rule 3.5:     Impartiality and Decorum of the Tribunal
  • Rule 5.1:     Responsibilities of a Partner, Managing Lawyer or Supervisory Lawyer
  • Rule 5.2:     Responsibilities of a Subordinate Lawyer                  
  • Rule 5.3:     Responsibilities Regarding Nonlawyer Assistants
  • Rule 8.3:     Reporting Professional Misconduct
 
Graham Thatcher
GRAHAM THATCHER, who portrays Sir Thomas More, was the Artistic Director and primary performer for Periaktos Productions. Over his lifetime he performed in or directed over 250 community, university and professional theatre productions. He co-authored Clarence Darrow:  Crimes, Causes and the Courtroom, Maxims, Monarchy, and Sir Thomas More and Impeach Justice Douglas! and performed in the leading roles in those CLE Theatre programs. He also co-authored and directed Thurgood Marshall’s Coming!
Graham Thatcher also served as a workshop facilitator and consultant in communications and was the creator and facilitator of “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,” which he presented for numerous law schools and bar 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 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.
 
Anna Marie Thatcher, Esq.
ANNA MARIE THATCHER is the Owner and Managing Producer for Periaktos Productions and is the producer of all of their 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 art consultant, producer, and director.  She is the co-author, producer, and director of 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. She is the co-author of the script for their stage production and movie version of Thurgood Marshall’s Coming!
 
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 a volunteer for non-profit organizations with 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.

Brian T. Guthrie, Esq. is Of Counsel with Mattioni, LTD in Philadelphia, Pennsylvania.  With nearly 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 a major city and working 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 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 is listed in Philadelphia’s Top Lawyers:  The Definitive Guide to Legal Representation in Philadelphia.

 

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.

Charles Abourezk, Esq.
CHARLES (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.
 
Also a filmmaker, he was the writer, producer, and director of It Can Happen To Anyone, a short minute documentary on AIDS on Indian Reservations and 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 as personal injury as a result of negligence and/or medical malpractice.  She and Mike Abourezk 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 participating in the Black Hills Community Theatre.  She is the proud mother of two sons and two daughters.
 
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.

 


Unlocking the Mysteries of Google Scholar for Free Case Law and Article Research

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:03

Format: Audio and Video

Faculty: Carole Levitt and Mark Rosch

Learn how to conduct free Internet legal and investigative research. This webinar unlocks the mysteries of Google Scholar, the least documented legal research database you’ll ever see…until now.

  • Learn about Google Scholar’s content and date coverage
  • Find out how to conduct legal research using Google Scholar case law and articles
  • Improve your Google Scholar research to create targeted keyword/phrase searches by adding Boolean and Proximity connectors
  • Streamline your research by:
    • sorting results by relevance or date
    • filtering results by court or date
    • saving cases or articles
    • creating Alerts
    • cite-checking
  • Speed up your searches by uncovering Scholar’s hidden Advanced Search menu
  • Discover how to go beyond legal research and use Google Scholar for:
    • background research about non-law topics
    • investigative/due diligence research about parties, judges, attorneys, and expert witnesses
  • Understand the limitations of Google Scholar

 

Carole Levitt, Esq.

Carole Levitt, founder/principal of Internet For Lawyers (IFL), is an internationally recognized CLE seminar speaker and best-selling American Bar Association author. She writes and speaks on Internet investigative and legal research, social media research, social media ethics, and technology for lawyers.  Since 1999, IFL has provided law firms, corporations, and local and state Bar Associations around the country with professional and entertaining turn-key CLE programs. The company focuses on delivering information about free investigative and background research resources available on the Internet.

Together with co-author Mark Rosch, Levitt has written several ABA Law Practice Division books, including "Google Gmail and Calendar For Lawyers in One Hour" (2013), two editions of "The Lawyer’s Guide to Fact Finding on the Internet," "Google For Lawyers," and "Find Info Like a Pro," Volumes 1 and 2. They have also just completed the thirteenth edition of their book "The Cybersleuth's Guide to the Internet" (2015, IFL Press). Levitt also co-authored “Internet Legal Research on a Budget (ABA, 2013) with Judy K. Davis.

Previously, Levitt was a California attorney, a law librarian in Chicago and Los Angeles, and a Legal Research and Writing Professor at Pepperdine University School of Law. She graduated with distinction from The John Marshall Law School in Chicago and was a member of the school’s law review. Carole has a Masters in Library Science and a B.A. in Political Science from the University of Illinois.

She is active in numerous professional associations, including the American Bar Association (ABA) and the Association of Continuing Legal Education (ACLEA).

 

Mark Rosch

Mark Rosch is Vice-President of Internet for Lawyers and President of its CLEseminars.com division. He’s an internationally recognized speaker and author on the subjects of using the Internet for investigative and background research, Google search, and Google Cloud Apps.

He has co-authored numerous books and hundreds of articles on these and other related topics, receiving top industry recognition for his work.

Mark is a Fellow in the College of Law Practice Management, an honorary society that honors and recognizes distinguished law practice management professionals, and in 2013 he was named to the "Fastcase Fifty," recognizing “50 of the smartest, most courageous innovators, techies, visionaries, and leaders in the law.”

Mark is a long-time member of ACLEA and the ABA and is an active member in both organizations. He has served in numerous leadership positions – recently completing a 3-year term on the ABA TECHSHOW Planning Board.

 


Rock-N-Roll Law Intellectual Property/Copyright Series: The Ethical Issues Representing a Band - Using the Beatles as a Case Study

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:00

Format: Audio and Video

Faculty: Jim Jesse

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.

 

Jim Jesse, Esq.

Jim Jesse has been an attorney for 24 years and has been a full-time CLE presenter since 2013. He is the former General Counsel for Cool Music Network (THECOOLTV), which is a 24-hour music video television network. 

Previously in private practice, he founded Rock N Roll Law to spread his passion for music law through his seminars.

He is also a singer/songwriter who has released two albums, is a member of BMI, and has run his own record label distributing his music. He has written songs for more than 30 years and studied music history for nearly as long.

He is also the author of "The Music Copyright Law Manual" and the forthcoming "The Musician’s Guide to Music Copyright Law."

Mr. Jesse consults and practices in areas regarding intellectual property, licensing and music law. He has drafted and reviewed hundreds of contracts from small barter deals to multi-million dollar ones.


 

Me Too: Sexism, Bias, and Sexual Misconduct in the Legal Profession

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:02

Format: Audio and Video

Faculty: Philip Bogdanoff

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.

 

Philip Bofdanoff, 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/.

 


 

Winning Strategies to Prevent Evidence from Being Suppressed

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:06

Format: Audio and Video

Faculty: Philip Bogdanoff

Whether it is a stop and frisk, walk and talk or 911 emergency call for assistance, police officers conduct warrantless seizures and searches every day and it is our job to ensure that the evidence they seize does not get suppressed. It has been my experience as a prosecutor that sometimes it can be difficult to justify a police officer’s actions. 

In this presentation, prosecutors will learn how to respond to a defendant’s motion to suppress.  Prosecutors will watch video clips of warrantless searches and seizures. We will learn how to determine the controlling issues and how to set forth a persuasive argument on these issues. Attendees will review the most recent case law on warrantless searches and seizures. We will discuss how to prepare your police officer to testify and the importance of developing a strategy with your officers to prevent the evidence from being suppressed.  This presentation has received great reviews from prosecutors. 

 

Philip Bofdanoff, 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/.

 


 

The Paperless Law Firm - A Digital Dream

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:06

Format: Audio and Video

Faculty: JoAnn L. Hathaway

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 if 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.

 

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.
 
 

Retain Your Clients: A Roadmap to Effective, Ethical Client Service

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:02

Format: Audio and Video

Faculty: Roy Ginsburg

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

 

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.

 

 

Who's Hacking Lawyers and Why?

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:02

Format: Audio and Video

Faculty: Lenne Espenschied

Today's news is filled with lurid headlines of computer hacking, sometimes by rogue individuals, sometimes by groups, and sometimes even by governments, including our own. Unfortunately, lawyers are prime targets for hackers due to the nature of privileged client information we receive. 

In this webinar, you'll learn about five recent hacking attacks against lawyers; who is hacking lawyers; why lawyers are targeted; which lawyers make the most likely targets; and 25 simple, highly practical, non-technical steps you can take to protect your systems and client information. 

 

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 opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting.

 


 

The Accidental Lawyer: Terms of Engagement

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:22

Format: Audio and Video

Faculty: Michael Kahn, Chris Osborn, ReelTime CLE, Marshall Cole, and Amanda Moghaddam

"You're a lawyer, right?" Seemingly innocuous words, but when said at a cocktail party, family gathering, or even in a hallway or elevator at the courthouse, they pose a genuine challenge, don’t they? We want to use our training to help folks, right? After all, isn’t that at least a part of why many of us went to law school?

And yet, how many times has a conversation that began with those very words turned out to be the source of tremendous trouble? Beyond the obvious risk of getting sidetracked from the social occasion in which one is supposed to be participating, or the task one is trying to accomplish, there lurk even greater dangers. As some poor, unfortunate souls have learned, if a lawyer is not careful in responding, he or she may inadvertently create a professional relationship, without intending to do so--leaving the lawyer potentially exposed to a malpractice claim. And even if an attorney-client relationship is not deemed to have been formed, a would-be client may nevertheless believe that he or she is communicating with the prospective lawyer in confidence for the purpose of obtaining legal services; if that belief is found to have been a reasonable one, the attorney may end up prohibited from disclosing any confidential information communicated.

This new live, interactive workshop is designed to help lawyers be more alert to the vulnerabilities they may face in various non-office settings and equip them with best practices for defining their roles upfront and setting clear boundaries with the person seeking advice. With the aid of three original film vignettes depicting three all-too-common challenging scenarios, participants will have an opportunity to identify their own particular areas of potential exposure, and to develop proactive strategies for navigating these situations with less risk and greater peace of mind.

 

Michael Kahn

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 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.

ReelTime CLE

This program was produced by ReelTime CLE.

ReelTime Creative Learning Experiences was formed in 2007 in response to a fairly daunting challenge: developing and presenting seminars on ethical decision-making and mental health/substance abuse awareness for lawyers. As we soon learned, that's not only a pretty tough crowd to please, but some of the most daunting subject matter to address and make interesting. Needless to say, we had our work cut out for us.
 
We met that challenge by leveraging both our love of good movies and our unique backgrounds (Chris' experience as a practicing lawyer and former law school professor, and Michael's as a psychotherapist and former lawyer) to create a unique facilitated workshop format that would engage attendees and treat them as active participants in the learning process. Our basic hope was simply to provide an enjoyable learning experience, and perhaps by doing so to earn the right to challenge unhelpful modes of thinking, promote greater self-awareness about decisions and their consequences, and connect the participants to their colleagues as valuable resources for encouragement and support.
 
Over ten years later, we are humbled and amazed at how much fun we have had, how much we ourselves have continued to learn, and how appreciative folks have been about our workshops around the U.S., Canada, and even Australia. As it turns out, that "tough crowd" really likes coming to a workshop and being treated as if they have something to offer, instead of just being talked at. (Well, most of them do.)  And our approach to ethical decision-making and other dreaded topics appears to have resonated with folks because we flat out refuse to concede that any topic has to be mind-numbingly boring. 
 
Our programs are suitable for "tough crowds" and daunting topics in all kinds of industries and contexts because we address the universal human behavioral dynamics that are almost always in play--whether an organization is aiming for better regulatory compliance, or trying to improve its diversity and inclusion initiatives, or managing any other kind of change or employee behavior.
 
Marshall Cole, Esq.
Marshall is a trial attorney at Nemecek & Cole. He has extensive experience representing licensed professionals, including lawyers. Prior to joining Nemecek, Marshall was an associate with the law firm of Glaser, Weil, Fink, Jacobs, Howard and Shapiro.  

Amanda Moghaddam, Esq.

Amanda Moghaddam is a Claims Attorney at Lawyers Mutual Insurance of California where she educates and assists attorneys with ethical and legal issues. She was previously with the law firm of Nemecek & Cole.

 


 

Nobody Told Me There'd Be Days Like These

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 2:02

Format: Audio and Video

Faculty: Michael Kahn, Chris Osborn, ReelTime CLE, David Ferrante, Laura Kim, Michael Panagiotis and Cindy Shapiro

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.

 

Michael Kahn

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.

ReelTime CLE

This program was produced by ReelTime CLE.
 
ReelTime Creative Learning Experiences was formed in 2007 in response to a fairly daunting challenge: developing and presenting seminars on ethical decision-making and mental health/substance abuse awareness for lawyers. As we soon learned, that's not only a pretty tough crowd to please, but some of the most daunting subject matter to address and make interesting. Needless to say, we had our work cut out for us.
 
We met that challenge by leveraging both our love of good movies and our unique backgrounds (Chris' experience as a practicing lawyer and former law school professor, and Michael's as a psychotherapist and former lawyer) to create a unique facilitated workshop format that would engage attendees and treat them as active participants in the learning process. Our basic hope was simply to provide an enjoyable learning experience, and perhaps by doing so to earn the right to challenge unhelpful modes of thinking, promote greater self-awareness about decisions and their consequences, and connect the participants to their colleagues as valuable resources for encouragement and support.
 
Over ten years later, we are humbled and amazed at how much fun we have had, how much we ourselves have continued to learn, and how appreciative folks have been about our workshops around the U.S., Canada, and even Australia. As it turns out, that "tough crowd" really likes coming to a workshop and being treated as if they have something to offer, instead of just being talked at. (Well, most of them do.)  And our approach to ethical decision-making and other dreaded topics appears to have resonated with folks because we flat out refuse to concede that any topic has to be mind-numbingly boring. 
 
Our programs are suitable for "tough crowds" and daunting topics in all kinds of industries and contexts because we address the universal human behavioral dynamics that are almost always in play--whether an organization is aiming for better regulatory compliance, or trying to improve its diversity and inclusion initiatives, or managing any other kind of change or employee behavior.
 
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.
 
Michael Panagiotis, Esq. 
Michael 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.
 
 

 

Technology: Slave or Servant - Time, Task, Document & Email Management

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:00

Format: Audio and Video

Faculty: Paul J. Unger

Own your technology – Don’t let it own you!

Learn how to manage your daily tasks and how technology can help you to improve client communication and achieve your professional goals. Enhance your time management and technology skills to regain control of your law practice… and your life. Learn the pathway to a productive, more paperless law practice. Most lawyers feel they are being over-run with paper, and ironically, the more paper lawyers have, the harder it is to find what they’re looking for.

 

Paul J. Unger, Esq.

Paul J. Unger is one of the managing partners of Affinity's Columbus Ohio office. He is a 1994 graduate of Capital University Law School. He is an attorney and founding member of HMU Consulting, Inc. (now Affinity-Columbus). Prior to forming HMU with Barron Henley, Paul was Vice President of a Columbus-based technology consulting firm. He spent five years at Clark, Perdue, Roberts & Scott Co., L.P.A., limiting his practice to civil litigation.

Mr. Unger now specializes in trial presentation & litigation technology consulting, document and case management software, paperless office strategies, and legal-specific software training for law firms and legal departments throughout the Midwest. He has provided trial presentation consultation for 300+ cases.

Mr. Unger is a member of The American Society of Trial Consultants, the American Bar Association, the Ohio and Columbus Bar Associations, and the Ohio Association for Justice and the Central Ohio Association for Justice. He is very active in the Law Practice Management Section of the American Bar Association and recently served as the Chair of ABA TECHSHOW 2011. He is also an Adjunct Professor for Capital University Law School’s Paralegal Program.

Mr. Unger is a national speaker and frequent lecturer for CLE programs. He is the author of Adobe Acrobat for Law Firms, PowerPoint for Legal Professionals, and co-author of Microsoft Word for Legal Professionals, all manuals designed to maximize the use of legal-specific features.

 


 

Can You Hear Me Now? Improving Internal/External Communication Through Process and Technology

Category: General

Course Level: Intermediate

Total Credits: 1 General

Duration: 1:01

Format: Audio and Video

Faculty: Jennifer M. Ramovs

A high percentage of malpractice practice claims and practice management issues are caused by communication breakdowns. The growing number of communication channels only compounds the problem.

Examine technologies and techniques that will help you improve internal and external communication, lower your stress, improve your service, generate happier clients, and lower your malpractice risk.

 

Jennifer M. Ramovs, Esq.

Jennifer M. Ramovs is Director of Education for Affinity Consulting Group’s online legal technology training division.

Ramovs graduated from The Ohio State University with a degree in Political Science, and earned her law degree from Capital University Law School while working full time as a law clerk at Decker Vonau in Columbus, Ohio.

Ramovs became a consultant in 2004, specializing in consulting and training on practice management software for law firms. Her expertise extends to Practice Management, Document Assembly, Document Management, and analyzing law office workflow to help firms develop policies and procedures that maximize both productivity and profitability. She is certified in a variety of programs that help attorneys achieve their goals, including Actionstep, Amicus Attorney, PracticeMaster & Time Matters.

Ramovs has taught numerous legal technology CLE courses in person for various state and local bar associations, as well as online for various providers.

 


 

Staying Secure Electronically

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:02

Format: Audio and Video

Faculty: Jennifer Ellis

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.

 

Jennifer Ellis, Esq.

Jennifer Ellis 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.

 


 

On the Horns of a Dilemma: Clarence Darrow and the McNamara Case

Category: Ethics

Course Level: Intermediate

Total Credits: 1 Ethics

Duration: 1:05

Format: Audio and Video

Faculty: Graham Thatcher, Anna Marie Thatcher, Charles Abourezk, Alicia Garcia, Brian T. Guthrie, John M. Stuart and Barry R. Vickrey

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. An adamant opponent of capital punishment and a passionate proponent of civil and human rights, he was often called the "Attorney for the Damned" because 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.

ON THE HORNS OF A DILEMMA: Clarence Darrow and the McNamara Case explores one highly publicized case in the life of one of last century's greatest trial lawyers ... The McNamara Brothers trial in the aftermath of the bombing of the Los Angeles Times Building in 1910. The term “dilemma” originates from the Greek and means “two premises,” which may be likened to the front end of an angry and charging bull. It refers to a situation where one is confronted with making a decision based on two options, the results or consequences of either decision having equally unpleasant results. No matter what decision is made, the outcome is unfavorable ... “damned if you do and damned if you don’t.” This predicament is the essence of Greek Tragedy.

The McNamara case involved a great loss of human life in what we would now likely characterize as domestic “terrorism.” The case played out in a politically charged atmosphere. It was a violent fight between the unions and the company’s management and corruption ran deep on both sides. After saving his clients from the gallows, Darrow himself was brought up on charges of jury tampering. He was acquitted of the charges, but he lost his law practice and partners, his credibility and almost his liberty. There is still much controversy about his guilt or innocence. But at the age of fifty-one, Darrow experienced a kind of transformation and the next thirty years brought him his greatest cases.

The scene explores Clarence Darrow's personal convictions, thoughts and summation in the case, illustrating issues that are as relevant in present times as they were in Darrow's. It provokes thought about reconciling conflicts between personal values and professional responsibilities and about dilemmas for which there are often no easy answers or rules to fall back on. It provides a tool to facilitate discussion and thought about these issues as they may relate to the ABA Model Rules of Professional Conduct.

 

Graham Thatcher
GRAHAM THATCHER, who portrays Sir Thomas More, was the Artistic Director and primary performer for Periaktos Productions. Over his lifetime he performed in or directed over 250 community, university and professional theatre productions. He co-authored Clarence Darrow:  Crimes, Causes and the Courtroom, Maxims, Monarchy, and Sir Thomas More and Impeach Justice Douglas! and performed in the leading roles in those CLE Theatre programs. He also co-authored and directed Thurgood Marshall’s Coming!
Graham Thatcher also served as a workshop facilitator and consultant in communications and was the creator and facilitator of “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,” which he presented for numerous law schools and bar 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 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.
 
Anna Marie Thatcher, Esq.
ANNA MARIE THATCHER is the Owner and Managing Producer for Periaktos Productions and is the producer of all of their 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 art consultant, producer, and director.  She is the co-author, producer, and director of 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. She is the co-author of the script for their stage production and movie version of Thurgood Marshall’s Coming!
 
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 a volunteer for non-profit organizations with 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.

Brian T. Guthrie, Esq. is Of Counsel with Mattioni, LTD in Philadelphia, Pennsylvania.  With nearly 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 a major city and working 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 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 is listed in Philadelphia’s Top Lawyers:  The Definitive Guide to Legal Representation in Philadelphia.

 

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.

Charles Abourezk, Esq.
CHARLES (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.
 
Also a filmmaker, he was the writer, producer, and director of It Can Happen To Anyone, a short minute documentary on AIDS on Indian Reservations and 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 as personal injury as a result of negligence and/or medical malpractice.  She and Mike Abourezk 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 participating in the Black Hills Community Theatre.  She is the proud mother of two sons and two daughters.
 
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.