Category Archives: Email

eDiscovery Fundamentals CLE

Despite the increased importance of eDiscovery in today’s legal world many attorneys still don’t even know the basics… what’s ESI??? How do you respond to a litigation hold? What are native files?

What is ESI??

If you’re a trial attorney and you don’t know what ESI is… then you need to take this CLE course!

In today’s electronic world, being prepared to properly respond to eDiscovery demands can make or break your client’s case – and your litigation budget. In this CLE course Alex Marjanovic and Greg Mahoney show you the most efficient way to respond to eDiscovery by discussing the key terms you need to know to get results, litigation holds and the three primary methods that firms are currently handling e-discovery. To access the course please click here: eDiscovery Fundamentals.

Three Primary eDiscovery Methods

Alex and Greg also review the three primary eDiscovery methods and  provides a cost benefit analysis and the potential for sanctions with each of the three methods (1) Review on your computer (2) Review hard copy of ESI and (3) Review in database. The analysis of the three methods is conducted with the use of a sample data set that could be found in any litigation matter today.

Alex Marjanovic is the Managing Partner of Sales at Epiq, a national and international provider of electronic discovery services, with responsibility over the Southwestern States of the U.S. He has had extensive experience with electronic and paper-based discovery and related litigation production/discovery matters over the past 14 years. Greg Mahoney is the Director of Legal Solutions at Epiq Global. He collaborates with law firms, government agencies and corporations throughout the eDiscovery process.

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.

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New CLE Course on Avoiding and Obtaining Discovery Sanctions When Dealing with ESI

You’re involved in international litigation representing a local company that sold high tech electronic equipment to an English firm. As soon as discovery starts, the English company claims that four key employees no longer work at the company and they can’t locate their smartphones, laptops and other company devices. With the help of your expert, you eventually realize that all four people are still employed at the company and you get a termination order from the judge due to their dishonesty.

ESI – Discovery & Sanctions

Julie Thorpe-Lopez was not an expert on eDiscovery when the case began – and she wasn’t an expert when it finished either. But she was savvy enough to “know what she didn’t know.” With the help of eDiscovery expert Ryan Maxwell, she was able to leverage an incredibly favorable outcome for client in what looked like a losing case.

In this CLE course, Julie Lopez and Ryan Maxwell will detail how to obtain ESI in eDiscovery and how to avoid sanctions when producing ESI. Julie and Ryan will mainly discuss the attorney’s duty to preserve ESI, ESI best practices and sanctions for failing to properly handle electronically stored information. To access this course please click here: ESI Basics: Avoiding and Obtaining Discovery Sanctions.

Julie and Ryan will also discuss:

  • Scoping
  • Documentation
  • Defensible collection
  • Potential testimony
  • The Electronic Discovery Reference Model (EDRM)
  • Questionnaires/interviews
  • Data sources
  • Metadata
  • File systems
  • Defensible discovery
  • Motions to compel
  • Motions for sanctions
  • Using a discovery referee
  • Hiding electronic evidence

Julie Thorpe-Lopez is a Partner with Tatro & Lopez, LLP, and mainly represents clients who’ve suffered personal injury as a result of motor vehicle collisions, elder abuse and medical malpractice. Ryan Maxwell directs Epiq’s team of computer forensics analysts in southern California and manages the purpose-built computer forensics laboratory which he designed and established.

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: Digital Forensics for Attorneys 101

A wife is murdered in her own home. The husband claims he tried to stop the intruder but the large man over powered him and tied him up to a chair. But the wife’s Fitbit tells a different version of the story than the tale that the husband presents. As the police investigate the case and harness the digital information created by the wife’s Fitbit, it becomes instantly clear that the husband’s story does not match up and he is arrested and charged with murder.

Digital Forensics

Welcome to our brave new electronic world where cameras, cell phones, Fitbits – and even video game systems – are used as crucial evidence in civil and criminal trials.

Digital information and digital forensics has become crucial in many cases – from child pornography to fraud. Learning where to look for the digital evidence and how it can be deployed at trial is crucial in the 21st century practice of law. In Part one of this two part introductory series Lars Daniel mainly covers the various types of digital evidence to consider in your cases, the evolution of digital evidence, what digital forensics encompasses and the acquisition & preservation of digital evidence. Lars also specially addresses harnessing digital information from Google searches, Facebook Chats, “Private” Browsing, Connected Devices, Chrome, Firefox and jump lists. To access the course please click here: Digital Forensics for Attorneys 101.

This CLE course also covers:

  • Our new online lives
  • Digital footprints
  • Digital media in legal cases
  • The four primary areas of digital forensics
  • Sub-disciplines of digital forensics
  • Extracting forensically sound evidence
  • How data is organized and the fragile nature of digital evidence

Lars Daniel has numerous digital forensics certifications. The co-author of the book Digital Forensics for Legal Professionals, Lars 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.

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.

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New CLE on Common Ethics Traps for Attorneys

Pick up the phone and call your clients, don’t “borrow” money from trust accounts, calendar every key deadline & date – the same fundamental ethics principles still hold true for the 21st century lawyer. That’s because the same traditional ethics issues continue to plague lawyers, leading to countless ethics violations and malpractice lawsuits.

Lawyers & Ethics

The same traditional legal ethics issues continue to bring attorneys down – calendaring dates and communicating with clients still top the list.

In this course Joel Selik discusses the most common ethics violations you need to be aware of so you can continue to practice ethically. The main issues discussed include the most common ethical pitfalls, insurance issues, what happens when you get “the letter” and sources of ethics laws & duties. To access the course please click here: Common Ethics Violations to Avoid.

Joel will also address

  • Calendaring deadlines
  • Communicating with clients
  • Trust account issues
  • Dumping clients
  • Staying in your practice area
  • Contingent & set fee agreements
  • Billing issues
  • Responding to a malpractice letter or ethics complaint
  • Key practice points to remain ethical

A malpractice attorney and ethics expert, Joel G. Selik has practiced law for over 30 years and frequently represents attorney clients in malpractice cases. Joel is licensed to practice law in both California and Nevada and he frequently presents seminars on Estate Planning, Nursing Home Litigation, Legal Ethics and Malpractice.

  • 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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Data Security for Attorneys and Law Firms

On the morning of June 27th,  DLA attorneys and employees walking into work at the DC offices were greeted with a peculiar message written on a whiteboard in the lobby. The message warned all employees not to turn on their computers and to remove all laptops from docking stations and to keep the devices turned them off. The global law firm that touts their cybersecurity compliance practice had been hit with a ransomware attack.

Duty of Technological Competence

With so much valuable client and case information now stored electronically, attorneys firms must proactively approach data security in their everyday practice.

If it can happen at a mega firm like DLA Piper, it can definitely happen at your firm. Deena Mayne and James Mal will teach you the best practices for data safety so you can secure your confidential client and case information. Deena and James will mainly address the following topics: the trend for lawyers to become technologically competent, data security & protection for attorneys & law firms, computer security for attorneys and key steps lawyers can take to secure their computers & networks. To access the course please click here: Data Security and Your Law Practice.

Additional topics discussed include:

  • The ABA & the Duty of Technological Competence
  • What clients expect
  • ISAO (Information Sharing and Analysis Organization)
  • How your data is vulnerable
  • The cloud security alliance
  • System passwords
  • Network vulnerabilities
  • Using a firewall
  • Social awareness
  • Backups
  • Encryption
  • Retention policies
  • Sending unencrypted emails

James Mal is a computer and network security expert. He works with business around the country to protect and recover their invaluable data. Deena Mayne is a WordPress web designer, developer and consultant who believes in keeping things as simple, direct and effective as possible.

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.

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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.

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Preventing Legal Malpractice: 60 Tips in 60 Minutes

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Take cases outside of your main practice area. Forget to calendar key dates. Co-mingle client and firm funds. And whatever you don’t, don’t call or email your clients to keep them informed about their cases. This is a blueprint of how NOT to practice law – or what to do if you want to be disbarred or end up on the wrong side of malpractice lawsuit.

Ethics violations and legal malpractice lawsuits have skyrocketed the last few decades.

Law firms and attorneys must recognize and evaluate their legal risk to avoid damaging ethical violations and costly malpractice lawsuits. In this fast paced CLE course, William T. McCaffery provides 60 tips in 60 minutes to educate you on how to recognize key ethical violations so you can sleep good at night and avoid the nightmare of getting sued. A few of the key areas Mr. McCaffery discusses include being competent, avoiding problem clients, conflicts of interest, establishing the attorney-client relationship, client billing and supervising other attorneys & support staff.

This CLE course will teach you about:

  • Your increasing exposure to legal malpractice claims
  • The top activities that lead to malpractice claims
  • Easy ways to reduce exposure to potential lawsuits

William T. McCaffery focuses on legal malpractice defense, professional liability, commercial litigation and general liability defense. Among other areas of professional liability and defense litigation, he represents attorneys and law firms that have been sued for legal malpractice in cases ranging from real estate and personal injury matters to complex business transactions and commercial 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)
  • 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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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 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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