Category Archives: California MCLE

New CLE: Tips to Avoid Ethical Violations and Malpractice Claims

What can you do to avoid a legal malpractice claim or grievance from the state bar? Most of the time it’s not rocket science, there are many basic things you can do to limit your exposure.

Practicing Ethically

How many times do you have to be told to communicate with your clients? Well, it’s still not enough for some attorneys because numerous lawyers still get in hot water for failing to call, email or text clients and keep them in the loop.

Brooks Schuelke will help keep you out of trouble by discussing the key elements of malpractice law, 10 tips to avoid ethical violations, what you can do if a claim is made against you and possible insurance coverage. To access the course please click here: Ten Tips to Avoid Ethical Violations and Malpractice Claims.

Brooks will also cover:

  • Negligence
  • Breaching a fiduciary duty
  • Privity
  • Defining who you represent
  • Defining the scope of the representation
  • Communicating with clients
  • Saying you’re sorry
  • Calendaring, doing business with clients
  • Suing clients for fees
  • Screening clients
  • Conflicts checks
  • Reporting your claim to your insurance carrier
  • Purchasing legal malpractice insurance

Brooks has been a trial lawyer since 1995. His practice has focused on the representation of individuals and small businesses injured by others. This practice includes personal injury litigation and legal malpractice litigation.

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 Texas and around the country. For more information about CLE in Texas please click the following link: TX CLE.

Tagged , , , , , , , , , , , ,

CA MCLE: Substance Abuse is now Competence Issues

Quick reminder for California attorneys coming up for MCLE compliance in February 2019.  The former 1 hour Substance Abuse requirement has been expanded out to include mental health concerns and is now called Competence Issues.[1]

CA MCLE Requirements

  • 25 — Total hours
  • 12.5 — Participatory Credit
  • 4 — Legal Ethics
  • 1– Competence Issues
  • 1 — Elimination of Bias

California attorneys must make sure to complete at least 1.0 hour of Competence Issues each 3 year compliance period. Last names A-G must report MCLE compliance by February 1, 2109, on the My State Bar Profile portal on the State Bar of California website. For competence issues courses please click here: Competence Issues.

[1] The Substance Abuse category was effectively expanded to cover additional topics: mental health, stress and how it effects an attorneys competence to practice law.

Tagged , , , , , , , , ,

CLE: Deal With the Bad Facts in Your Case!!

Every case has bad facts. But should you deal with it only after the opponent introduces it at trial – or is it better to “inoculate” the jury against the bad facts by first introducing it in a weakened form? While the conventional wisdom states that inoculating the jury at an early stage is the preferred approach, in the past 20 years a vocal minority of commentators created confusion on the issue by mounting a fierce assault on the conventional thinking.

Deal With It!!

Veteran trial attorney Quentin Brogdon shares his experiences and thoughts on how to best deal with the bad facts buried in your cases.

In this CLE course, Quentin will cover how jurors deal with bad facts, the positives & negatives of inoculating the jury, considering the sponsorship theory and additional trial strategies to limit the effects of bad facts. To access the course please click here: Dealing with Bad Facts.

Quentin will also discuss:

  • The mindset of the jury
  • The importance of the plaintiff
  • Cognitive dissonance
  • The severity effect
  • Types of bad facts
  • Rational fears
  • Fear factors
  • Counseling clients
  • 3 lessons on sponsorship
  • The Rice-Legger Study
  • Self-flogging ads
  • Turning strengths into weakness
  • Motions in limine
  • Limiting instructions
  • Failing to preserve error
  • Possible waiver of appellate points of error when adopting an inoculation approach
  • Ohler v. U.S. (2000)

A seasoned trial attorney, Quentin Brogdon is a Fellow in the International Academy of Trial Lawyers. He has been selected as one of its “Lawdragon 500 Leading Plaintiffs’ Lawyers in America,” selected by the National Trial Lawyers as one of the Top 100 Texas Trial Lawyers, selected by the National Association of Distinguished Counsel as one of the Nations’ Top One Percent, and selected by D Magazine as one the “Best Lawyers in Dallas.”

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 Texas and around the country. For more information about CLE in Texas please click the following link: TX CLE.

Tagged , , , , , , , , , ,

Texas CLE: Texas MCLE Reporting

Texas attorneys are required to complete 15 hours every year to meet the Texas MCLE requirement and remain eligible to practice law. It is also your responsibility to make sure your mandatory TX CLE hours are accurately and timely reported to the State Bar of Texas.

Texas CLE Reporting

You are automatically given your birth month as a grace period to comply with the Texas MCLE requirements without a penalty. If you do not complete and report at least 15 hours of CLE by the last day of your birth month (grace period), you will be in non-compliance and subject to a penalty.

You must report your overall compliance with the 15 required hours on the annual verification report. Your MCLE Annual Verification Report will be mailed to you two months before your birth month.[1] For more information about Texas CLE please click here: TX CLE.

[1] If your verification report indicates that you have completed the required number of Texas CLE hours, no further action is required. If you have not completed or reported the minimum 15 TX CLE hours by the last day of your compliance year, a reminder Notice will be emailed and mailed to you at the beginning of the birth month (grace period).

Tagged , , , ,

CLE on Sweepstakes, Contests & Mobile Marketing Law

You might be a winner! No purchase necessary! Just send a self-addressed stamped envelope! Many will enter…. few will win. We all know the catch phrases because we’ve heard the sweepstakes and promotions commercials countless times on the T.V., radio and the Internet.

You MIGHT Be a Winner!!!

Companies love to blanket the airwaves with sweepstakes, games and promotions as part of their marketing campaigns – make sure the companies you represent do it legally.

In this CLE course Rob Laplaca will show you the basics of running a legally-compliant sales campaign from development through execution.  You will learn: how to spot the differences among sweepstakes, contests, games & charitable sales promotions; how to negotiate gambling laws, and key points when running social media & mobile marketing campaigns. To access the course please click here: Basics of Sweepstakes, Contests and Mobile Marketing Law.

In addition, Rob will also discuss:

  • Prize, chance & consideration
  • Chance vs. skill games
  • Post consideration
  • Non-monetary consideration
  • Skill contests
  • User Generated Content (UGC)
  • Mobile marketing
  • Product review & endorsements
  • Social websites

Rob Laplaca represents promotional marketing agencies & major brands – including food and beverage, retail, entertainment, personal care, and professional and consumer products in a variety of nationwide marketing activities from traditional promotions and offers to social media, in-app and other on-line programs.

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.

Tagged , , , , , , , , , , ,

New CLE On Social Media Spying & Tracking Spouses in Divorce Cases

You’re away on business and before you head off to bed you text your wife “good night honey, don’t let the bed bugs bite.” The next day your wife gets a call from Corky’s Pest Control offering their services to help with your bed bug problem. Yes, Big Brother is watching… and listening… and tracking. But it’s not just the government and companies – your soon-to-be ex-spouse could be hacking your emails, stalking you on Facebook or sticking a GPS tracking device on your SUV.

Divorce & Social Media Spying

Social Media spying has become a major issue in contentious divorce cases.

In this CLE course, veteran Family Law attorney Henry Gornbein will teach you about electronic spying and tracking in divorce cases. He will mainly address: potential liabilities for spousal tracking, social media use during divorce, Federal laws against spying, the use of technology to spy on spouses  and using social media evidence & ESI. To access the course please click here: Social Media and Beyond: Electronic Spying and Tracking Spouses in Divorce Cases.

Also covered:

  • Invasion of privacy
  • Laws regarding unauthorized computer access
  • Stalking & harassment statutes
  • Counseling clients on social media use before & during the divorce
  • Social media as a tool and a weapon
  • The Federal Wiretap Act
    Attorney vicarious liability
  • The Stored Communications Act
  • The Electronic Communications Privacy Act
  • The First Amendment
  • GPS tracking
  • iPhone apps for divorce lawyers & clients
  • Spyware
  • Unauthorized computer access
  • Telephone issues
  • Six issues with Facebook evidence
  • Admissibility of surveillance evidence
  • Federal Rules of Evidence 104, 901 & 902
  • Authentication of social media posts
  • Tips for getting evidence admitted

Henry Gornbein practices in all areas of Michigan family law including divorce, child custody, parenting time, child support, spousal support, prenuptial and postnuptial agreements, interstate custody issues, domicile issues, as well as mediation and arbitration of all family law matters. In addition, he has a Television show, is associated with “Divorce Source Radio” and writes for the Huffington Post.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

Tagged , , , , , , , , , , , , , ,

New CLE on Franchise Law & the Franchise Disclosure Document (FDD)

Franchise law is a specialized area of law that is fairly regulated by both federal law and various state laws. Knowing the intricacies of how franchising and franchise law work can enhance your skill sets as a practitioner and help you better assist your business clients.

Franchise Disclosure Document (FDD)

The Franchise Disclosure Document (FDD) must include 23 items and it includes prospective franchisees with the information they need to make an informed decisions.

In this CLE course, Joe Donnini will cover not only the fundamentals of franchise law, but also address numerous practical points that you must consider to effectively represent your clients that are considering buying a franchise. Joe will mainly discuss the legal definition of a franchise, the federal & state regulatory framework, disclosure & documents, franchise contracts and common legal and practical concerns. Joe also spends a considerable portion of the course reviewing the 23 items in the Franchise Disclosure Document (FDD). To access the course please click here: Franchise Law.

Joe mainly covers the following Items in the FDD:

  • The estimated initial investment
  • Initial & other fees
  • Financing
  • Renewal
  • Termination
  • Transfer & dispute resolution
  • Financial performance representations
  • Contracts

Joe Donnini is an experienced attorney, entrepreneur, educator, and business consultant. Having a diverse background has positioned Joe to gain perspective in multiple industries on many matters. Joe has assisted clients in key areas of business creation, development, operations, and finance.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

Tagged , , , , , , , , , ,

New CLE on Cell Phone Forensics for Attorneys

With billions of cell phones and apps out there, the amount of ESI generated by cell phones is overwhelming to many legal professionals. So overwhelming that many attorneys simply ignore smart phones, the best source of evidence because it tracks the user’s life.

Cell Phone Forensics & Electronically Stored Evidence (ESI)

We get it – you are an attorney not a computer genius. But if you are ignoring evidence on smart phones and apps in your cases, you are ignoring a virtual treasure trove of electronic information that can greatly benefit your client at trial.

In this CLE program, highly-rated instructor Lars Daniel will use case examples from his digital forensics practice to highlight the proper way to forensically acquire cell phone evidence. Lars will mainly discuss the collection, acquisition, analysis and examination of electronic evidence on smartphones and challenging the evidence. To access the course please click here: Cell Phone Forensics for Legal Professionals.

Lars also address the following topics:

  • “Thumb forensics” by first responders
  • Logical & file systems
  • Deleted & destroyed data
  • Manual examinations
  • Google Maps & network
  • User accounts
  • Internet searches & history
  • Call logs
  • SMS & MMS messaging
  • Installed apps
  • Power events
  • The user dictionary
  • Google is watching & listening
  • Timelines
  • Affidavit highlights
  • Video verification
  • Fakes messages are real
  • A spoofing (fake texts) case example

A digital forensics expert, Lars Daniel has attended over 250 hours of forensic training and has worked on over 500 cases involving murder, child pornography, terrorism, rape, kidnapping, intellectual property, fraud, wrongful death, employee wrongdoing and large scale e-discovery collections, among other case types.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

Tagged , , , , ,

New CLE: The Role of Trial Lawyers in Protecting the Public

When a company equips 11 million of its cars with software to cheat federal emissions tests and standards. When a former star athlete takes his own life at 43 due to a traumatic brain injury suffered while playing in the NFL. And when a terrorist group rams two planes filled with gas into the World Trade Center and into heart of New York City and America – trial lawyers are there to protect the public and our Democracy.

Trial Lawyers Protect Our Democracy 

Many in positions of power do not like the scrutiny that litigation brings. These powerful interests seek to close the doors of the justice system to the public. They want to dismantle a legal system that is the envy of the world.– David S. Casey

A renowned trial lawyer who has tried hundreds of high profile cases and class actions, David Casey has been at the forefront of the fight to protect the public for over the last forty  years. In this CLE course, David highlights the infamous cases he has litigated and the trial bar’s role in protecting the public and democracy. To access the course click here: The Role of Trial Lawyers in Protecting the Public.

David will discuss:

  • The Exxon Valdez litigation
  • Tobacco litigation
  • Wells Fargo’s collateral protection insurance litigation
  • Apple litigation regarding slowing phone speeds
  • CTE & the NFL
  • Tony Gwynn & smokeless tobacco
  • The Battling Bastards of Bataan
  • The September 11 Victim Compensation Fund

A third generation attorney, he joined his late father David S. Casey Sr.’s firm in 1976, after working as a prosecutor for the San Diego City Attorney’s office. With dozens of high profile verdicts and settlements achieved over a nearly 40-year legal career, he is well on his way to attaining his father’s – who tried more than 700 jury trials – legendary status.

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 , , , , , ,

New CLE on How Firms Can Increase Gender Diversity

Virtually every large law firm and publicly held corporation claims it is committed to gender diversity. Yet, most gender diversity programs have accomplished very little in the way of significant change.

3 Steps to Increase Diversity in Law Firms

Progress toward gender diversity depends on three key actions:

(1) Specifying specific numerical goals

(2) Providing meaningful financial incentives to achieve them

(3) Adopting and enforcing a clear strategy for how that is to be done

Join Andi Kramer and Al Harris for this thoughtful and poignant program about overcoming gender bias in the legal profession to create a more successful and profitable law firm. Andi and Al will mainly address why diversity benefits law firms & organizations, the gender achievement gap in the legal profession, what men can do and what legal organizations can do to end gender bias. To learn about what steps you can take to create a more diverse firm, please click here: What Men & Organizations Can Do to Close the Gender Achievement Gap in Law.

Further topics covered in this CLE course:

  • The moral & business rationale for diversity
  • Unconscious & implicit bias
  • ABA Model Rule 8.4(g)
  • Blind auditions
  • Thinking slow
  • Getting involved
  • Valuing difference
  • Hiring & assignments
  • Professional development
  • Compensation & promotion
  • Leaves & retention

Andrea S. Kramer is an attorney and a partner in the international law firm of McDermott Will & Emery, LLP. The managing partner in the Chicago office of Nixon Peabody, Al is a frequent writer and lecturer on the financial markets, financial regulation, corporate governance and diversity in the legal profession.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

Tagged , , , , , , , , , ,