Category Archives: ESI

CLE COURSE: DIGITAL FORENSICS FOR ATTORNEYS 102

Just because a person installs some software on the neighbor’s computer does not make them a digital forensics expert. And when your client is looking at 30 years in prison, this is not the person you want to retain as the digital forensics expert in your next case.

Digital Forensics

There is a tremendous knowledge gap in our legal system today when it comes to matters involving digital evidence. In our years of experience in working with attorneys as digital forensics experts, common questions arise again and again: What do I ask for? Is the evidence relevant? What does this item in the forensic report mean? What should I ask the other expert? What should I ask you? Can you explain that to a jury?[1]

Digital forensics is a highly technical field. The expert you select must have the proper investigative and technical background – in addition to being able to understand their place in the legal system. If you need help selecting a digital forensics expert for your next case join Lars Daniel as he covers how to select the best expert, discovery & usage of digital evidence and challenging digital evidence. To access this course please click here: Digital Forensics for Attorneys 102.

Lars also discusses:

  • Computer experts vs. forensic experts
  • Key points to selecting an expert
  • Forensic & non-forensic certifications
  • Forensic tools
  • The expectations of the digital expert
  • The Brad Cooper murder trial
  • Spotting the problem expert
  • United States v. Bryan James Gardner
  • Browser caching
  • Challenging text messages
  • Macrium images

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

[1] Excerpt from Digital Forensics for Legal Professionals: Understanding Digital Evidence From the Warrant to the Courtroom

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New CLE: Cell Phone Location Evidence for Lawyers

Your client is arrested for robbery. Like everybody that walks into your office, he claims he didn’t do it. He says he was at the park with his kid at the time of the crime. Wisely, you turn to the information stored on his iPhone to show that he was nowhere near the scene of the crime because you can show that his phone was searching for WiFi connections around the houses next to the park.

Cell Phone Location Evidence

Call Detail Records (CDRs) and cell phone location evidence have become crucial evidence in many civil and criminal trials.

In this CLE course, Larry Daniel will teach you how cell phones work and how CDR and location evidence is used in legal cases – from insurance fraud to murder. In addition, Larry will cover tactics on how to locate cell phones and cell phone records and he will show you how to challenge the methods of analysis and the qualifications of persons who will testify about this evidence. To access the course please click here: Cell Phone Location Evidence for Legal Professionals.

These topics are also addressed:

  • How to get CDRs from Verizon, AT&T & Sprint
  • How CDRs are used and what they contain
  • How to generate cell phone location maps
  • Retention
  • Records
  • Prepaid “burner phones”
  • Getting the records
  • Cell phone registration
  • How the phone chooses a tower
  • Sector layout & azimuth
  • Cell tower coverage
  • Cell tower sectors
  • Key case law

Larry Daniel is a digital forensics examiner and cellular records analyst with Envista Forensics. He has testified over 45 times in state and federal courts and is one of the top digital forensic examiners in the U.S., with experience in hundreds of civil and criminal cases involving all types of digital evidence, from computers to black boxes to cell phones.

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 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.

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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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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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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 on the Importance of Mobile Phone Forensics in Litigation

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For many of us, the only time we’re not using your smartphone is when we are taking a shower – and I have to admit to checking my fantasy football scores in the shower. If you are like me, your smartphone is a text messaging device and a phone… and it’s also an Internet browser, a GPS device and the easiest way to send emails and check our stocks. Other people use their smartphone to post content to Facebook, Snapchat, Twitter, Vine, Instagram, Youtube and other social media and content sharing websites. We now live our lives through our phones, tablets and other mobile devices.

Mobile Phone Forensics

From a business and legal standpoint, the preservation and collection of electronically stored information (ESI) is central in today’s litigation landscape and is only complicated by smartphones and other mobile devices. Emails, presentations, spreadsheets, memos and even pictures & video can all be potentially responsive data sources. The challenge with this type of electronically stored information (ESI) is that it is often stored in a myriad of systems and mobile devices, and each system has its own preservation and collection nuances.

In this course, attorney and global eDiscovery & cyber forensics expert Paul Connolly describes the current landscape of mobile information collection and preservation and answers the vexing question of why attorneys so often overlook mobile data in the context of eDiscovery. Paul mainly discusses why collecting the data can be ethically challenging, expensive & potentially awkward, and he also provides some proactive policy and protocol ideas to bring clarity to your practice and electronic discovery of mobile devices.  To access the course please click here: Our Phones, Ourselves: The Importance of Mobile Phone Forensics in Litigation.

Additional topics covered in this CLE course include:

  • The prevalence of discoverable data on mobile devices
  • How preservation of employee text messages & other mobile data is frequently overlooked or botched
  • The practical issues faced when collecting data
  • Ethical complications
  • Privacy questions
  • Company BYOD (Bring Your Own Device) policies
  • Shadow BYOD policies

Paul K. Connolly is an attorney and Global E-Discovery & Cyber Forensics Expert with Duff and Phelps in Santa Monica, California. He has extensive case and workflow management responsibilities and handles internal investigations and “front page” enforcement actions by federal securities and antitrust regulators. Paul often works closely with internal counsel and compliance departments at international banks.

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 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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New CLE Course on Ethics & ESI

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Whether you’re in private, government, or corporate practice, you’re likely to deal with ESI (Electronically Stored Information) for a variety of transactional, litigation and business purposes. And as new technologies are developed and then become integrated into society and the practice of law, an attorney’s obligations under the ethical duty of competence continues to evolve. At a very minimum, attorney competence generally requires a basic understanding of, and facility with, issues relating to eDiscovery and the proper discovery of electronically stored information (ESI). The duty of competence may require a higher level of technical knowledge and ability depending on the e-discovery issues involved in a given matter and the nature of the ESI involved.

Failing to adhere to ethical standards in eDiscovery can lead to fines, reduced verdicts and even suspension from the practice of law.

In our brave new electronic world, digital pitfalls are truly lurking everywhere and this program will assist you in understanding the do’s and don’ts of eDiscovery by covering a number of pertinent ethical rules and recent case law in the area. This CLE program will mainly explore your ethical obligations in these areas: competence, the attorney-client privilege, client confidentiality, knowing where to look for ESI and intentionally withholding ESI. To access the course please click here: Ethics & ESI: Pitfalls and Practical Tips For the Wary Practitioner.

Further issues discussed in this CLE course include:

  • Rules of Professional Conduct
  • The Business & Professions Code
  • The ABA Model Rules
  • The Stored Communications Act
  • The I “heart” Hot Moms case
  • Electronic spoliation
  • Intentionally deleting electronic evidence
  • Removing Facebook photos & other social media evidence
  • Innocent deletion
  • Social media’s indefinite half life
  • Emails & the attorney client privilege
  • The work product doctrine
  • The responsibilities of partners & supervisory lawyer
  • The responsibilities of a subordinate lawyer
  • Responsibilities regarding nonlawyer assistance
  • Withholding electronic documents & emails
  • Qualcomm Inc. v. Broadcom Corp.
  • The penalties for failing to live up to ethical standards when conducing eDiscovery

Eric R. Deitz devotes much of his practice to the defense of attorneys and other professionals sued for malpractice. He also practices complex, estate and appellate litigation. Eric’s published opinions include In re Harris, 590 F.3d 730 (C.A.9, 2009) and Woolverton v. McCracken, 321 Ill.App.3d 440 (2001). Eric has tried multiple cases to verdict, including a statewide class action in California Superior Court. He also lectures on legal ethics, e-discovery, and document retention practices and policy. A member of the invitation-only Legal Ethics Committee of the San Diego County Bar Association, Eric currently serves on the committee’s executive board. Since 2013, Eric has been recognized by the Southern California edition of Super Lawyers® in the area of Professional Liability Defense.

This CLE course on ethics & ESI qualifies for legal ethics credit and 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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New CLE Course on Ethics & Technology

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In a very short period of time technology has revolutionized society and has forever changed the practice of law. The days of burying your head in the sand and hoping that technology all just goes away are over – whether you like it or not, technology is here to stay. ESI, metadata, litigation holds, friending potential witnesses… lawyers now need to understand and be well-versed with technology in order to fully represent their clients, get the best outcome at trial and avoid discipline and malpractice lawsuits.

Failing to grasp these new technologies in your everyday practice can lead to ethical violations, malpractice lawsuits and even disqualification.

In this new CLE course Ed McIntyre provides ethical guidance for fellow trial attorneys by reviewing three different hypothetical case examples based on the following subjects: electronically stored information (ESI) & the litigation hold, the inadvertent disclosure of documents and friending people involved in a lawsuit. To access the course click here: Ethics and Technology for the Trial Lawyer.

Further topics covered by Mr. McIntyre include:

  • Why we should care about ethics & technology
  • The applicable laws & codes
  • The evolution of technology
  • ESI (electronically stored information)
  • The Zubulake series of cases
  • Model Rule 1.1, Model Rule 1.6(c)
  • Rico v. Mitsubishi
  • Attorney client privilege
  • Attorney work product
  • Model Rule 4.4(b)
  • Disqualification
  • Public vs. private Facebook pages
  • Googling the jury

Edward J. McIntyre, Esq. is a litigation partner and general counsel for Solomon Ward Seidenwurm & Smith, LLP where he practices complex business litigation in federal and state courts. He also advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence. Mr. McIntyre is an expert on the topic of professional responsibility. 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 on ethics & technology 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 California and around the country. For more information about CLE in California please click the following link: CA CLE.

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