Monthly Archives: June 2017

New CLE on the Ethics of Attorney-Client Transactions

The quote below succinctly sums up how courts and ethics regulators feel about attorney-client transactions and how you will be viewed if you “do business” with your clients. And “doing business with clients” is treated quite expansively by the courts.

“Attorneys wear different hats when they perform legal services on behalf of their clients and when they conduct business with them.  As to the latter, the law presumes the hat they wear is a black one.”

In this legal ethics CLE course, attorney Peter Afrasiabi discusses the pertinent ethical rules and provides guidance on how you can avoid tripping the wires if you decide to do business with your clients.  Peter will mainly cover the factors for attorney-client transactions to avoid ethical pitfalls, specific case examples, the effect of ethical violations and best practices to remain ethical. Peter also discusses the following specific transactions: a charging lien on future recovery proceeds, client assignment of right to statutory attorney’s fees, deeds of trust secured by a note to pay fees, joint ventures with clients, accepting stock from a startup and loans to clients. To access the course please click here: Ethics of Attorney-Client Transactions: How to Avoid Tripping the Wires.

Peter also addresses:

  • The California Rules of Professional Responsibility 3-300
  • ABA Rule 1.8
  • State fiduciary duty law
  • New York Rule 1.8
  • The original engagement
  • The presumption of undue influence
  • Fair and reasonable & disclosed in a writing
  • Advising independent counsel and getting client consent in writing

From battles with Madonna over the “Material Girl” brand to fair use disputes with the Eagles’ Don Henley to protecting such iconic brands as Bettie Page in trademark and trade dress disputes, Peter R. Afrasiabi primarily handles copyright, trademark, and entertainment disputes. He is also the Chair of the Appellate Practice Group for One LLP and co-director of the Appellate Litigation Clinic at the University of California, Irvine School of Law.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

Tagged , , ,

IL CLE: Last Names N–Z Complete 30 Hours by June 30

The deadline to complete the IL MCLE requirement for many Illinois attorneys is June 30.  Please note that your Illinois CLE reporting period depends on the first letter of your last name as it appears on the master roll of attorneys with the Attorney Registration and Disciplinary Committee. If your last name begins with N-Z you must complete and report the required IL CLE hours by June 30, 2017.

IL CLE Reporting Group

  • Last Name N – Z
    • Report in 2017
  • Last Name A – M
    • Report in 2018

Illinois attorneys are required to complete at least thirty (30) IL CLE credit hours every 2 years to complete the Illinois MCLE requirement, including 6 hours of Professional Responsibility. For more information about the IL CLE requirement and deadlines, please click the following link: IL CLE.

Tagged , , , , , , , , ,

FL CLE: When is My Florida CLE Reporting Deadline?

screen-capture

Florida attorneys must complete and report 30 Florida CLE credit hours each 3 year reporting cycle. But when is your deadline to report your CLE compliance?

FL CLE Deadline

Your Florida CLE reporting deadline is chosen randomly by a computer.

The Florida Bar will send you a reminder three months prior to your FL CLE deadline.[1] If you have not yet completed your mandatory FL CLE requirement when the notice is sent, you will receive a Reporting Affidavit. You must return this Affidavit by the reporting date along with an explanation of how you cured your CLE deficit. To access more information about Florida CLE please click the following link: FL CLE.

[1] The Florida Bar will also provide you notice regarding the FL CLE that you have completed. If have completed your Florida CLE requirement at that time, you will receive a Notice of Compliance. If this Notice of Compliance is accurate, you don’t have to take any further steps.

Tagged , , , ,

NY CLE: Does the New York CLE Board Track My Completed CLE Courses?

“Experienced” attorneys in New York must complete at least 24 CLE credit hours during each two-year reporting cycle to fulfill the New York CLE requirement – and don’t forget the 4 hours of required Legal Ethics!! As part of the NY CLE requirement, New York attorneys must also report their NY CLE compliance once they complete the 24 hours. To report compliance, you must file your attorney registration form indicating that you completed your New York CLE requirement within 30 days after your birthday on alternate years.

NY CLE – The Record Keeping Requirement

Certificates of Completion and other supporting CLE documentation must be retained for at least 4 years from the date of the completion of the CLE course.

Please note that the New York CLE Board does not keep a record of your completed CLE courses. New York is a self-reporting CLE state and all New York attorneys must report their own CLE compliance with the NY CLE requirements. Certificates of Completion and other supporting CLE documentation must be retained by New York attorneys for at least four (4) years from the date of the completion of the CLE course. For more information about the CLE requirement in New York please click here: NY CLE.

Tagged , , , , , ,

CLE Course on Forensic Psychological Evaluation Considerations for Criminal and Civil Attorneys

Have you ever had to use a forensic psychologist in one of your legal matters? Forensic psychologists are most commonly licensed psychologists who specialize in applying psychological knowledge to legal matters, both in the criminal and civil arenas.

Forensic Psychology

Forensic psychologists are most commonly licensed psychologists who specialize in applying psychological knowledge to legal matters – both in the criminal and civil arenas.

This CLE course focuses on a primary area of forensic psychology practice: forensic mental health assessment (FMHA). The course also mainly addresses the distinctions between the forensic and therapeutic roles of mental health professionals, and highlight the significant differences in how forensic psychologists approach and conduct evaluations as compared to clinical psychologists, psychiatrists, and psychotherapists. To access the course please click here: Forensic Psychological Evaluations: Considerations for Criminal and Civil Attorneys.

The instructors also provide an overview of the main types of psychological evaluations including:

  • Criminal competencies
  • Criminal responsibility
  • Sentencing mitigation
  • Civil commitment & competencies
  • Personal injury
  • Workers’ compensation
  • Employment discrimination

This course is provided by Daniel Agatino, Ph.D., Esq., a New Jersey-based criminal defense and entertainment/copyright law attorney, and Gianni Pirelli, Ph.D., a licensed psychologist who maintains a private forensic psychology practice in New Jersey.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New or please click the following link: NY CLE.

New CLE on Ethics & Records Implications for Lawyers

Social Media presents numerous challenges for law firms, attorneys and the business clients they represent. From maintaining confidential information to preserving important digital content, attorneys now must be aware of the novel ethical issues posed by social media websites like Facebook & Twitter, blogs, ISP services and applications like SaaS.

Lawyer, Social Media & Ethical Conduct

In this CLE course John Isaza walks you through the key legal ethics implications that arise from a social media presence, including best practices on how to address those ethical concerns.

In this course, John Isaza highlights the main legal ethics implications that arise from attorney’s social media presence and the companies they represent – including best practices on how to address the primary ethical concerns. John also discusses the following Model Rules: Competence, The Advisory Role, The Advocacy Role, Transactions with Non-Clients, Marketing and the Integrity of the Profession. To access the course please click here: Social Media: Ethics and Records Implications for Lawyers.

Additional topics addressed:

  • Pertinent ethical questions
  • Inadvertent communications on social media
  • Jury tampering
  • Ex parte communications with the court
  • Applicable ethics provisions
  • Key policies that should be in place
  • Policy considerations
  • Social engineering
  • Sources of ethical information
  • The big picture
  • Records in social media
  • Marketing materials in social media
  • European data laws
  • High level considerations

John Isaza, Esq., FAI heads the Information Governance & Records Management practice at Rimon. Mr. Isaza is internationally recognized in the emerging legal fields of information governance, as well as records and information management (RIM). He is one of the country’s foremost experts on RIM issues, electronic discovery, and legal holds.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in California please click the following link: NY CLE.

Tagged , , , , , , , ,

CA CLE: Late Deadline is June 30 for California Attorneys with Last Names N-Z

California attorneys in Group 3 (N-Z) should have had all their CLE completed and reported by March 1, 2017. If you are a California attorney whose last name starts with N-Z and you have not yet completed your CA MCLE requirement, you are late with your required CA CLE compliance. However, if you comply with your CA MCLE requirement by June 30, you only have to pay a $75 late fee.[1]

Extensions of Time

If you comply with the California MCLE requirement by June 30, you do not need to request an extension of time with the State Bar of California. A late fee of $75 will be assessed if your last name starts with N-Z and you have not reported your compliance by February 1, and you must still complete the 25 required CA MCLE hours.

Please remember to properly complete your California CLE requirement. You must complete the proper amount of bias (1 hour), competence issues (1 hour) and ethics hours (4 hours) and make sure that you don’t exceed 12.5 credit hours of self-study credit. For more information about the California MCLE requirement please click the following link CA CLE.[2]

[1] If you comply by June 30th there is no suspension, there is no make up plan, there is no disbarment. You must simply comply with your CA MCLE requirement by June 30 and pay the $75 late fee.

[2] The Cal Bar has greatly increased the amount of annual MCLE audits and the penalty for trying to deceive the Bar has been disbarment some cases. Most importantly, don’t try to lie or deceive the State Bar of California.

Tagged , , , , , ,

TX CLE Reporting: The Annual Verification Report

screen-capture-1

Texas attorneys get an extra birthday present! Your Texas MCLE compliance year begins on the first day of the month you were born and ends one year later on the last day of the month that precedes the month of your birth.[1] Your birthday present – you get a grace period though your birth month to complete your 15 required TX CLE hours without penalty.

The Annual Verification Report[2]

  • The Texas MCLE Verification Report
    • Will be mailed to you 8 weeks before your birth month
  • Grace Period
    • A reminder notice will be emailed and mailed to you
    • At the beginning of your birth month
  • Cure your CLE deficiency
    • If you have not completed or reported the required 15 hours
    • By the last day of your compliance year
    • You must cure your CLE deficiency

While many providers report your completed Texas CLE hours, since Texas is a self-reporting CLE state it is your responsibility to make sure your Texas MCLE is accurately and timely reported. Failure to timely report your TX CLE hours could result in a non-compliance penalty. For more information about Texas CLE, please click here: TX CLE.

[1] The Texas MCLE compliance year is a one-year period.

[2] Report Your MCLE Hours https://www.texasbar.com/AM/template.cfm?section=Reporting_MCLE_Hours

Tagged , , ,