Category Archives: Ethics & Professionalism

New CLE: Using Clio to Streamline Your Legal Practice

We live in the 21st century.  Practice and case management software now provides attorneys with a convenient method of effectively managing client and case information – from conflicts and calendaring to documents and billing.  It can be used to share information with clients and other attorneys in the firm via the cloud and it is also scalable so you can choose the best fit for your firm.

Practice Management Software

How do you choose between MyCase, Clio, Rocket Matter or one of the many other service providers?

This CLE course will review how Clio practice management software can help you run a more efficient law firm by attorneys who have implemented Clio at their law firm. Eric Hanscom, Ian McDaniel and Ryan Pickett of Hanscom Alexeev & McDaniel LLP mainly address tracking client information, managing conflicts of interest, calendaring and document management. This course will focus on how Clio can be used in an Intellectual Property and business law firm context. To access the course please click here: Using Clio to Streamline Your Legal Practice.

The panel of speakers also address:

  • The advantages of cloud based software
  • Costs & savings
  • Tracking renewal fees
  • The client intake process
  • Invoices
  • Integration with other applications and programs
  • Electronic signatures

Before beginning his own practice, Eric Hanscom utilized his science background and law degree to gain experience in multiple facets of patent, trademark and copyright law.  Ian McDaniel focuses his expertise on advising emerging companies and small and mid-size businesses in corporate and securities transactions and general counsel services. A graduate of the University of San Diego Paralegal Program, Ryan Pickett will be enrolling in law school in 2018.

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: Gender & Culture Bias in the Legal Profession

The American legal system is predicated on neutrality, equality and impartiality for all individuals, regardless of gender, race or nationality. However, while everyone is considered equal in the eyes of the law, each person is their own unique individual and miscommunication often occurs from how we communicate – rather than what we communicate.

Culture & Gender Bias in the Legal Profession

After you complete this course you will better understand the cause of culture and gender-related misunderstandings in communications as well as strategies to better work with your clients and fellow attorneys.

In this CLE course Monty McIntyre addresses the impact of culture and gender on attorneys, judges, witnesses and litigants. Monty mainly addresses how culture and gender affects how attorneys and litigants process information, communicate & negotiate, evaluate risk, formulate decisions and reach agreements. To access this course please click here: Civility and Professionalism: Gender and Culture Bias in the Legal Profession.

Additional subjects addressed:

  • Types of bias
  • Theories of fairness & civility
  • Information processing styles
  • Individualistic vs. collective thinking
  • High vs. low context cultures
  • Risk uncertainty avoidance
  • Low & high power distance cultures
  • Cross-talking & overlapping speech
  • Validation
  • Ritual opposition

Monty A. McIntyre is a currently a mediator, arbitrator & discovery referee. In addition to his ADR experience, he also has extensive trial experience representing both plaintiffs and defendants. He has tried more than 100 cases to conclusion, including 33 civil jury trials. Mr. McIntyre served as the President of the San Diego County Bar Association in 2002 and was the 2014 President of the San Diego Chapter of the American Board of Trial Advocates (ABOTA).

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 Courses Added!!!

At Attorney Credits, we recognize that we live in a fast paced, ever-changing world.  Every new day brings new inventions, new fads and emerging trends in the practice of law – from utilizing cloud technology to drone law.

New CLE Courses:

  • A Practical Approach to 1031 Exchanges
  • A Sneak Peek at the Possible New Rules of Professional Conduct
  • Appellate Oral Arguments: Nuts and Bolts and “Do’s and Don’ts”
  • But I Only Had Two Beers!!
  • Civility and Professionalism: Gender and Culture Bias in the Legal Profession
  • Counseling Your Business Clients on Trademarks
  • Crafting a Simple and Effective Closing Argument
  • Dealing with Cognitive Bias in Trial from Voir Dire to Deliberations
  • Don’t Give Up 5 Minutes Before the Miracle
  • Estate Planning 101
  • Evidence: Advocacy and Artistry in the Courtroom
  • From Harry Ellis to Trump: The Ethics of Federal Disqualification Motions
  • How to Negotiate with the IRS in Collections and For Audits
  • Prosecuting Trademark Applications
  • Representing Disabled Veterans Before the Department of Veterans Affairs
  • The Phone Knows All: Cell Phones, CDR Reports and GPS Tracking for Attorneys

For that reason, we are constantly adding new CLE courses to keep up with new changes and developments in the law.  Our goal is to keep you as current as possible so you can best serve your clients!  For more information about Illinois CLE please click here: IL CLE.

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CA CLE: New Ethics Rules Coming to California

Yes, this time it will really happen.  Over a decade in the works, California is very close to finalizing a new set of ethics rules. The latest three-year rules revision effort is nearly complete and the new Rules of Professional Conduct will soon become a reality for all attorneys in California.  The last step is for the Supreme Court approve the new revisions.

California Ethics Rules Revision

What can you expect – drastic change or much ado about nothing?

To learn more about how you will be impacted by the new California ethics rules join trial attorney and ethics expert Ed McIntyre as he discusses the possible revisions. Ed mainly addresses how the new rules will vary from exiting California ethics rules and he also compares the new proposed rules to the ABA Model Rules of Professional Conduct. To access the course please click here: A Sneak Peek at the Possible New Rules of Professional Conduct.

The following rules are addressed:

  • Confidentiality
  • Diligence
  • Conflicts of interests
  • Duties to former clients
  • Safekeeping of client property
  • Delay of litigation
  • Fairness to opposing counsel
  • Lawyer as a witness
  • Candor to the tribunal
  • Truthfulness in statements to others
  • Communications with unrepresented persons
  • Inadvertent production
  • Duties of supervising attorneys

Edward J. McIntyre practices complex business litigation in federal and state courts. A veteran trial attorney, he is also an expert on the topic of professional responsibility.  He now advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence.

This CLE course is only offered in:

  • California (CA)

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

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CLE Course: Dealing with Cognitive Bias in Trial from Voir Dire to Deliberations

Fairness is a fundamental tenet of the American judicial system. However, no matter how rational and fair people think they might be, all individuals have cognitive biases that effect their judgement and beliefs. These cognitive biases play out in the courtroom everyday across the country and ultimately influence the behavior and decisions of jurors, witnesses, attorneys and judges.

Bias & the Legal Profession

From voir dire to deliberations, the potential biases of the jurors will have a huge impact on the result of the case.

In this CLE course, trial attorney Joel Selik discusses common social and decision making biases encountered during voir dire, at trial and during jury deliberations. Mr. Selik addresses the following subjects: why we have to identify biases for jury trials, the common types of biases exhibited by jurors & attorneys, how attorneys can use bias and ideas to elicit & overcome bias in voir dire. Mr. Selik also discusses methods of determining juror bias and common biases such as tort reform bias and blaming others. To access the course please click here: Dealing with Cognitive Bias in Trial from Voir Dire to Deliberations.

The types of biases discussed include:

  • Social bias
  • Fundamental attribution error
  • Illusory superiority
  • Ingroup bias
  • Trait ascription bias
  • Defensive attribution hypothesis
  • Anchoring bias
  • Attentional bias
  • Availability heuristic
  • Cheerleader effect
  • Regressive fallacy
  • Conservatism
  • Confirmation bias
  • Hindsight bias

Joel G. Selik is a member of both the California and Nevada State Bars. His practice primarily focuses on Litigation and Tax. Mr. Selik has given many seminars on Estate Planning, Nursing Home Litigation and other legal topics and was an Adjunct Professor of Law at a local law school.

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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CA CLE: Don’t Forget the Ethics, Bias and Competence Issues by the California MCLE Deadline

Under the CA MCLE Rules, California attorneys are required to complete 25 hours of minimum continuing legal education (MCLE) every three years. Of those 25 required CA CLE hours, attorneys must complete at least 12.5 hours for participatory credit.[1]

CA MCLE Requirement – Specialty Credits

  • 4.0 Legal Ethics
  • 1.0 Competence Issues
  • 1.0 Elimination of Bias

California attorneys also have specialty credits that must be completed.  Each three year compliance period California attorneys must complete 4.0 hours of Legal Ethics, 1.0 hour of Competence Issues, 1.0 hour of Elimination of Bias. Please note that California attorneys in Group 3 (Last Names N-Z) must report MCLE compliance by March 1.[2]  For more information about California please click here: CA CLE.

[1] For online streaming video CA CLE courses you must click on randomly inserted pop ups while you are viewing the CLE video to confirm that you are watching the course. For downloadable and CD CLE courses we have embedded numeric codes in the courses. You must write these number codes down and then enter them on our website after you complete the CA CLE course to obtain your course certificate.

[2] California attorneys that are in Group 3 for MCLE reporting purposes are technically required to complete their required CA MCLE by February 1, 2017.  However, if Group 3 California attorneys complete and report their MCLE compliance by March 1, 2017, it will be accepted and they will not be penalized nor will they be assessed a late fee.

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New CLE: From Harry Ellis to Trump – The Ethics of Federal Disqualification Motions

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Spanning four trials and twenty years, the Harry Bridges saga marked one of the most brutal and longest civil litigation battles in American history in the deportation context. Even after the Supreme Court called it a relentless “crusade” – a veritable case of “man’s intolerance to man,” the Executive lawyers and FBI investigators continued to relentlessly pursued the imprisonment and deportation of this one man, Harry Bridges.

Harry Bridges: Life and Legacy[1]

Harry Bridges was one of the most influential labor leaders in US history.  Frequently at odds with conservative elements in the labor movement, and often vilified by employers and government officials, Bridges made the International Longshore and Warehouse Union into a progressive pillar of US trade unionism.

Attorney and author Peter Afrasiabi examines the ethical issues related to federal disqualification motions by delving into the fascinating Harry Ellis case and examining President Trump’s calls to disqualify Judge Gonzalo Curiel from his civil fraud. By analyzing a number of additional case examples, Peter also highlights the questions related to the timing of bringing these motions, when you should bring such motions, when you should refrain from brining these motions and the ethical issues associated with these motions. From Harry Ellis to Trump: The Ethics of Federal Disqualification Motions.

The following ethical situation swill be analyzed:

  • A judge’s prior relationship with parties
  • A judge’s prior relationship with a witness
  • A judge’s prior relationship with lawyer
  • A judge’s public commentary on issues
  • Disqualification motions brought on race-charges

From battles with Madonna over the “Material Girl” brand to fair use disputes with the Eagles’ Don Henley to protecting such iconic brands as Bettie Page in trademark and trade dress disputes, Peter R. Afrasiabi primarily handles copyright, trademark, and entertainment disputes.

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.

[1] Harry Bridges: Life and Legacy

http://depts.washington.edu/dock/Harry_Bridges_intro.shtml

CA MCLE: Don’t Forget Participatory & Legal Ethics!!

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California attorneys with last names N-Z (Group 3) must complete and report and report compliance with the CA MCLE requirement by the February 1 CA CLE reporting deadline. California attorney beware: the State Bar of California  has been conducting thousands of California MCLE audits each year. Below, you will find some of the top mistakes California attorneys make when completing their CA MCLE.

California MCLE – Do It Right!

  • 25 total hours
  • 12.5 participatory hours
  • 4 Ethics
  • 1 Bias
  • 1 Competence Issues (formerly substance abuse)

Please make sure to properly complete your CA CLE requirements. You will feel much better in July when you get that MCLE audit letter from the State Bar of California in your mailbox!! For more information about California CLE please click here: CA 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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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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