Category Archives: Blogging

TX CLE: New Texas CLE Courses Added

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Our goal at Attorney Credits is to bring you the most current and relevant CLE programming that will make you a better attorney. We try to create about 4-8 new CLE course each month to constantly expand and diversity our CLE library. These are the latest CLE courses that we have added for Texas attorneys:

  • Bankruptcy, Money Laundering and Terrorist Financing
  • Digital Asset Landscape: Preparation for Changes in Legislation
  • Discharging Taxes in Bankruptcy
  • Ethics in Jury Selection
  • Hot Topics and Emerging Trends in Cannabis Litigation
  • Keep Calm and Drone On: Regulation and Liability
  • Obtaining a Green Card Through Marriage
  • Securities Crowdfunding in the Age of Kickstarter
  • The Indian Child Welfare Act
  • Top Tech Tools for Lawyers
  • Will Bias Cost You Your Next Case?

We are constantly working hard to bring you the best CLE courses and the best CLE presenters. We are not limited by geography like many city and state Bar Associations. We bring you the best presenters and CLE content at your fingertips, available at any time of the day or night. For more information about Texas CLE, please click here: TX CLE.

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New Digital Assets Law Coming to California???

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What happens to your Facebook account when you die… does it die too? What about your PayPal account, iTunes library and all your other valuable digital assets? States around the country have begun to pass legislation that allow individuals to access social media accounts and other digital accounts on behalf of a deceased individual.

To date, over 20 states have passed their own laws to protect digital assets and give the heirs/executor the right to access and manage online accounts after death. There have been tragic examples of people who have passed away and family members and loved ones were unable to access their social media and other electronic accounts due to terms of use and privacy policies.

California Digital Assets Law

An individual may “use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets.”

California is the latest state to pass a digital assets bill. If it makes it out of the Assembly and is signed by governor Jerry Brown, the California Revised Uniform Fiduciary Access to Digital Assets Act will provide guidelines for how companies can share deceased individuals’ digital records such as emails and social media accounts following death. The law will grant the social media website or online company the right to grant full or partial access to a designated recipient.[1]

The California digital assets law is a sign of our new electronic times. It is also a reminder that attorneys must now recognize their client’s digital assets and identify how their clients want the assets to be accessed or distributed after their death. To access a CLE course on digital assets please click here: Digital Asset Landscape: Preparation for Changes in Legislation.

[1] The company must first receive a written request, a certified copy of the death certificate and/or a certified copy of the letter of appointment of the representative, along with authenticating information about the deceased user.

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CLE: Ethical Issues in Social Media and eDiscovery

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Social media offers attorneys and law firms the opportunity to build credibility & trust with clients, uncover relevant facts & information about cases, clients and opposing attorneys, and to bring in new business. Unfortunately, social media also creates many new ethical pitfalls for attorneys. Law firms, attorneys, and staff must ensure that their online activities adhere to ethical and professional rules of conduct – even without the guidance of specific electronic ethical rules.

Ethics 2.0

  • Can you list specialties or endorsements on your LinkedIn page?
  • Is it ethical to send a Facebook friend request to an individual involved in pending litigation?
  • Can you ethically advise clients to remove tweets from their Twitter account on the eve of trial?

In this timely presentation, attorneys Kathryn Konzen and Ross Mecham provide best practices for the ethical use of social media, offer practical ethical guidance regarding common scenarios and highlight situations & online activities to avoid. The main ethical duties covered include the Duty of Competence, candor & fairness to the court & opposing counsel, the duty to supervise, requesting & producing documents & data, accuracy of discovery certifications and protection of the attorney-client privilege. To access the course please click here: Ethical Issues in Social Media and eDiscovery.

Further issues discussed in this CLE:

  • Ethical pitfalls & risks
  • FRCP Rule 1
  • Zealous advocacy
  • ABA Model Rule 1.1 & the Duty of Electronic Competence
  • Examples of unethical online conduct
  • Examples of ethical/unethical advertising
  • Website disclaimers
  • Retention
  • Inadvertent formation of the attorney-client relationship
  • The Duty of Confidentiality
  • Avoiding online Conflicts of Interest
  • Recruiting
  • Investigation
  • Facebook
  • Twitter
  • Blogging about prior cases
  • LinkedIn
  • Examples of social media policies
  • Ethical references & citations

Kathryn Konzen joined DTI in 2014 as a Regional Business Development Executive, and returned in 2016 after going in house with a law firm as the Director of Business Development and Litigation Technology. She is a California licensed attorney that focuses on efficient and cost effective solutions for her clients when dealing with electronic data, whether it is for a government investigation, litigation matter, or internal issue. Kathryn has presented various CLE programs on such topics as Managing ESI, Ethics in Social Media, and Ethical Issues of eDiscovery. Ross Mecham is an eDiscovery Consultant with DTI. He helps law firms and corporate legal departments understand and manage their eDiscovery needs, using technology and efficient workflows to reduce risks and costs while increasing deliverable quality. An attorney with over a decade of experience across all phases of electronic and paper discovery, his career spans state, federal, and international matters, as well as the development of internal corporate discovery practices. His prior cases include intellectual property, employment, and business tort actions, data breach and internal investigations, and regulatory requests.

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)
  • 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 York please click the following link: NY CLE.

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CLE on New Legal Technology Tools for Lawyers

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New technologies sprout up every day. These new technologies are changing society and the legal profession at a rapid pace. Social media discovery, cloud computing, practice management software… these new technologies have changed the way lawyers practice law and the way law firms operate. While recent innovations have helped to streamline the legal process, create new ways to work more efficiently and help law firms gain a competitive advantage, these new technologies also present novel challenges for many attorneys. 

Time to pull your head out of the sand and start practicing more efficiently by using new legal technologies!

In this timely presentation Andres Hernandez discusses how lawyers can adopt new technologies to run a more efficient law firm and be a better lawyer. The main points presented by Andres include the three pillars of law firm technology, your Internet presence, technology to run your office more efficiently and technology to make your firm & client data more secure. To access the course please click here: Top Tech Tools for Lawyers.

Andres also addresses

  • Legal websites
  • Claiming your online profiles
  • Developing your social media strategy
  • Ethical advertising
  • File storage
  • Practice management software
  • Client communications
  • The cloud
  • Security
  • Domain names
  • Data backup
  • Computer maintenance
  • Online reputation management
  • Managed IT
  • Cyber insurance
  • Clio
  • WP Engine
  • WordPress
  • AVVO
  • Microsoft Office 365
  • Dropbox
  • LawPay
  • LinkedIn
  • Pipedrive
  • Lexicata
  • Zapier
  • Calendar Rules
  • NetDocuments
  • Page Vault

Andres is the co-founder and CEO of Wingman Legal Tech. He is a Marine Corps Veteran with an MS in Technology Management from National University and 10 years experience at HP working on Government contracts. Andres has been leading an effort in the legal industry to adopt cloud technologies for leaner and more efficient practice. He frequently speaks to legal groups, attorneys and bar associations in an effort to demystify law firm technology.

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 York please click the following link: NY CLE.

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CLE on Voir Google & the Ethics of Jury Selection

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When we try a case, our goal as lawyers is to get an impartial jury. But in reality, anybody who has struck a jury knows this is no easy task. During voir dire we must investigate jurors to uncover potential bias to ensure that the jury will be as fair as possible. And our investigation of jurors and jury system itself is changing rapidly because of social media and the law related to social media.

Will the impartial jury be able to exist in the age of Facebook, Instagram, LinkedIn and other social media websites and apps?

In this CLE course, trial attorney Sharon Stuart presents a thoughtful and timely discussion on ethical considerations in jury selection in our new world of social media. The main topics addressed include voir google, ethically investigating jurors online, your ethical obligations relating to juror misconduct, your ethical obligations to disclose juror relationships, medical privacy & voir dire and your ethical obligations in post-trial juror interviews.  To access the course please click here: Ethics in Jury Selection.

Additional issues covered in this course:

  • Social media use by jurors
  • The benefits of using social media in jury selection
  • The ethical duty to investigate
  • ABA Model Rule 1.1 – Competence
  • Comment to ABA Model Rule 1.1
  • ABA Model Rule 1.3
  • The NYSBA Social Media Guidelines
  • ABA Model Rule 3.5
  • Ethical limitations on juror investigation
  • Best practices when conducing social media research
  • Crossing the ethical line
  • Decorum to the tribunal
  • United States v. Daugerdas
  • Safeguards for jurors’ medical privacy
  • Post trial contact with jurors

Based in Birmingham, Alabama, Sharon Stuart devotes her practice to civil trial work and arbitration. She focuses on complex commercial and insurance litigation, and she handles a variety of pharmaceutical and medical device products liability litigation as national, regional or local counsel. Her trial experience includes a wide range of business tort claims, contract disputes, commercial and insurance fraud and bad faith suits, and wrongful death cases. She has defended dozens of class action lawsuits in areas as diverse as product liability/toxic tort, financial products, insurance and employment 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)
  • 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.

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CLE Course: Protecting Your Client’s Digital Assets

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People are increasingly living their lives online. Whether it’s through Facetime, gmail, Facebook, eBay, NetFlix… our lives become increasingly more digital everyday. But what happens to your client’s digital footprint – their digital estate – when they pass away? Your client’s digital assets must be accounted for and protected in their estate plan or their loved ones may simply lose access to sentimental and valuable digital assets.

Digital Assets

  • Do you know what accounts are valuable virtual assets?
  • Do you even know what a digital asset is?
  • What are your client’s wishes with their Facebook, PayPal or iTunes account when they pass away?
  • Have you preserved access to crucial email & social media communications?

Estate planning now goes way beyond protecting the house and family heirlooms – are you prepared to protect your client’s digital assets?

To learn more about how you can protect your clients in the digital age, join Rich Martin as he discusses the various types of digital assets and current & proposed legislation that is intended to help protect people’s digital assets and estates. The main topics discussed in this CLE course include the legal uncertainty around the possession & conveyance of digital assets, client recognition of digital assets, digital estate planning and staying compliant.  To access this CLE course please click here: Digital Asset Landscape: Preparation for Changes in Legislation.

Additional topics discussed in this CLE course:

  • The growth of the Internet & world wide web
  • The value of domain names
  • Categories of digital assets
  • Valuable online accounts
  • State & federal law
  • The Stored Communications Act (SCA)
  • The Computer Fraud and Abuse Act (CFAA)
  • United States v. Swartz
  • The Uniform Fiduciary Access to Digital Assets Act (UFADAA)
  • The Privacy Expectations Afterlife and Choices Act (PEAC)
  • Revised UFADDA
  • Creating a plan with the client
  • Sample language to include in wills & trusts
  • Additional legal issues
  • Clauses and estate planning documents

Richard Martin is the founder and CEO of Directives Online. Directives Online provides emergency access to advance directives, healthcare Power of Attorney, HIPPA forms, POLST orders and many more important documents and forms. During the past twenty-five years, Rich has earned promotions, honors, and awards for boosting profits, market share, and client satisfaction in the sales and marketing of technology and medical products.

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.

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CLE Course on Legal Ethics and Evolving Technology

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Are you required to keep hard copies of all your blog posts? Can you ethically post the big verdict from your trial on your website? Can you counsel clients to remove embarrassing photos from their Facebook page two weeks before trial? What if your friend endorses you for Maritime Law on LinkedIn… but you’re a family law attorney?

Twitter, Snapchat, Instagram… every new day seems to bring a new social media website and a new electronic fad. How can attorneys harness these new technologies in their legal practice without running afoul of the ethical rules?

It is now your ethical duty to be competent when using new digital technologies. Email and Facebook are not going away – they are now a part of your legal practice. However, as these new technologies evolve so rapidly, the ethics rules struggle to keep up. In this CLE course, attorney Ed McIntyre provides a practical discussion of your evolving ethical duties in light of emerging technologies. The main ethical issues discussed include: communicating electronically with clients, the ethics of cybersleuthing and counseling clients to delete information from social media accounts. To access the course please click here: What Me Worry? Professional Responsibility, Evolving Technology and Why I Might.

Additional subjects covered in this legal ethics course:

  • The ABA Model Rules
  • California Rules of Professional Conduct
  • The Duty of Competence
  • The Duty of Confidentiality
  • The Duty of Communication
  • The legal advertising rules
  • Ethical issues associated with websites
  • Blogs & twitter
  • Disclaimers
  • Confidentiality & social media
  • Website submissions & the attorney-client relationship
  • Friending parties & individuals involved in litigation
  • The no contact rule
  • Suppression of evidence
  • The ethics of LinkedIn endorsements

A veteran trial attorney, Edward J. McIntyre practices complex business litigation in federal and state courts. An expert on the topic of professional responsibility, he also now advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence issues. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.

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)
  • 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.

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CLE Course: Legal Ethics of Online Legal Advertising

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Almost every attorney and law firm utilizes numerous online resources to provide legal information to the public and advertise services to potential clients. However, while numerous attorneys and firms rely on websites and social media to grow their businesses, many don’t give a second thought to the fact that their online activities could run afoul of the ethical rules on attorney advertising. Firm websites, Facebook, Twitter, Quora, LinkedIn, Quora and other social media platforms all pose significant ethical risks for lawyers who may be inappropriately or even inadvertently advertising to or soliciting clients online.

The following Model Rules will be discussed:

  • Model Rule 7.1 – false & misleading communications, required disclaimers
  • Model Rule 7.3 – solicitations
  • Model Rule 4.4 – transactions with persons other than clients
  • Model Rule 8.4 – integrity of the profession

In this legal ethics course, attorney Ken Matejka points out the ethical issues created by your online content and shows you how to fulfill your ethical duties when advertising and offering legal information on your law firm website, social media websites and other online resources like AVVO and Yelp. The five main topics that Ken discusses include false & misleading communications, solicitations, required disclaimers, privacy policies and eliciting online reviews. To access the course please click here – A Tangled Web: Ethical Issues Created by Your Online Legal Content.

Additional issues covered in this CLE course:

  • Providing legal information/legal advice
  • Case results
  • Specialists
  • Guarantees
  • Establishing the attorney-client relationship online
  • Online Q & A websites
  • Contingency fees & costs
  • ABA Formal Opinion No. 10-457
  • Recommended elements for a valid disclaimer
  • Recommended placement for disclaimers
  • Unencrypted email & the attorney-client privilege
  • The integrity of the profession

Ken Matejka is a California attorney and a former member of the ABA’s Standing Committee on Lawyer Referral and Information Services (LRIS). For seventeen years, he worked at the Lawyer Referral and Information Service of the Bar Association of San Francisco and in 2006, co-founded LegalPPC, an Internet Services Company dedicated to helping lawyers and lawyer referral services get more clients from Google. Ken has been a regular presenter at events like the ABA’s Annual LRIS Workshop and for attorneys across California on the topic of online visibility and lead generation for the solo practitioner’s law practice. LegalPPC currently provides Internet services to about 20 bar associations and a large number of law firms nationwide.

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)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

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

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CLE Course: Ethics of Cloud Computing

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Welcome to the digital age! The use of cloud computing technologies offers lawyers and law firms alike distinct advantages in terms of cost savings, flexibility & mobility, ease of use and more efficient client service. However, because cloud computing places data – namely confidential client information – on remote servers outside of the lawyer’s direct control, it has given rise to some serious concerns regarding its acceptability under applicable ethics rules. For these reasons, attorneys must be cognizant of their ethical duties when selecting an appropriate vendor and deploying cloud technologies in their practice.

Your law firm would like to take advantage of new technologies like “The Cloud” … but is it safe? How can you be sure you are fulfilling your ethical duties to your client to protect their confidential information?

If you have questions about utilizing cloud technologies in your practice while still maintaining ethical standards of practice then join intellectual property attorney Robert Cogan as he describes what the Cloud is and how you can use this new technology without running afoul of the ethics rules. By taking this course you will reach a basic level of familiarity with what the Cloud is in the context of law practice, be able to identify the ethical obligations that must be met in use of the Cloud, learn the actions the attorney must take in exercising due care when selecting a vendor, recognize significant security vulnerabilities that are not a function of Cloud use and take steps to address these security vulnerabilities. To access the course please click here: Ethics of Cloud Computing.

Additional topics addressed include:

  • Pertinent terms
  • Rules of professional conduct
  • Services
  • SAS
  • Advantages of using the Cloud
  • State ethics opinions
  • ABA opinions & Model Rules
  • Client confidentiality
  • Competence
  • Questions to consider
  • Knowledge requirements for non-technical attorneys
  • Terms of service
  • Practical care
  • Non-technical considerations
  • Social engineering
  • Phishing
  • Trojan horses
  • General guidance

Robert P. Cogan is a business and intellectual property lawyer with over 35 years of experience in both corporate and private practice as well as experience in operating management. His previous experience includes fourteen years as chief patent counsel of a Fortune 200 Company, where he managed the development and enforcement of worldwide patent and trademark portfolios. He has negotiated multimillion dollar agreements, including software licenses, distributorships and joint research projects. Mr. Cogan also has extensive experience in contracting with government agencies including Department of Defense, NASA, and NIH, as well as state agencies.

This CLE course on elder law is currently accredited in the following states:

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

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

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CLE Course: Online Security & Risk Basics for Attorneys

We now live in the digital era – an era of social media, mobile phones & devices and being connected and online 24/7. There are many benefits for attorneys and law firms that adopt and utilize online technology to enhance their practice and provide more cost-effective and efficient service to their clients. Unfortunately, there are numerous risks that are involved with utilizing online technologies as well.

“Which risks are relevant?  Those that impact business goals.  Which risks impact business goals?  They all do.” – Deborah Gonzalez

In this new CLE course, Deborah Gonzales of Law2SM presents the tools and resources that you need to better understand the security and reputational risks of online and digital activity for attorneys and how to mitigate those risks to minimize potential losses. The focus of Online Security & Risk Basics for Attorneys is to present security and risk management best practices that address major concerns for attorneys in our new online environment.

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There is a wealth of practical information presented in this course and Ms. Gonzalez provides numerous practice points for attorneys to adopt in their everyday practice to minimize online risks.  The main topics addressed include setting the context of our new digital world, mobile devices, apps & BYOD, reputational risk, big data, content management/marketing, compliance and what you can do to mitigate your risk.

Further issues addressed in this CLE course include:

  • The relevant risks
  • Digital threats
  • Social media/online risk
  • Online security
  • Regulatory compliance
  • Sources of risk
  • Why risks happen
  • Crafting a social media policy
  • The NLRB’s (National Labor Relations Board) role in regulation
  • The 5 C’s
  • Monitoring risks
  • Suggested alerts
  • Metadata/geo-tagging
  • Protecting your online identity
  • Compliance with rules & regulations
  • The SEC regulations
  • FTC & compliance
  • Disclaimers
  • The FCC & net neutrality
  • COPPA (Children’s’ Online Privacy Protection Act)
  • The compliance toolkit
  • Audits & assessment
  • SLA™ Risk Assessment
  • Protecting yourself and your firm through insurance coverage

The founder of Law2SM, Deborah Gonzalez is an attorney whose legal practice focuses on music, art, entertainment, digital, social media and online law. She obtained her JD from New York Law School and is licensed to practice in both New York and in Georgia. Her clients include galleries, museums, artists & art professionals, animators, filmmakers, musicians & music professionals, authors, and various other creative professionals. Ms. Gonzalez is a member of the Georgia Production Partnership, Georgia Entertainment Association, Women in Animation, and the Entertainment Law sections of the Georgia and New York Sate Bar Associations. She speaks at various industry conferences around the world, such as SEIGE CON and SIAF, on legal issues and concerns for artists of all genres.  Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country. To access more information about Illinois CLE please click the following link: IL CLE:

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