Category Archives: Law & Technology

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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New CLE Course: Cell Phones, CDR Reports & GPS Tracking for Attorneys

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In 1984, the dystopian novel by George Orwell, due to constant surveillance Big Brother knew your every move. In our new digital world, your cell phone might as well be Big Brother – it knows everything you do! Because cell phones now track your every movement, cell phone forensics and cellular data analysis is now widely used in criminal and civil cases to place a person at a particular location based on the data produced by the cell phone.

Both civil and criminal must now be knowledgeable about cell phone data in order to effectively represent and advise their clients.

In this CLE course Robert Aguero, a cell phone forensics examiner, discusses how you can utilize data from cell phones and cell towers in your cases. Robert will address how CDR (Call Detail Reports) are used to track suspects, analyze several CDR reports, show you how to properly read and interpret CDR data & mistakes made by law enforcement in reading the data, discuss how phones can be tracked through the CDR report and detail how accurate or inaccurate that data can be. To access the course please click here: The Phone Knows All: Cell Phones, CDR Reports & GPS Tracking for Attorneys.

Additional topics discussed:

  • How cell phone calls are made
  • MVNOs
  • What cell towers look like
  • The information that is available
  • Using your CDR data
  • Data & mobility usage
  • LTE data

Robert has been licensed as a private investigator in the State of California for 17 years. A former police officer and detective, he provides an unbiased, independent analysis of the data on cell phones and GPS units.

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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New CLE Course on Evidence & Hearsay at Trial: Advocacy and Artistry in the Courtroom

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Do you know that attorneys have a super power? Attorneys have the super ability to turn information into evidence. From motions in limine to cross examination, your ability to turn information into admissible evidence (or have important evidence excluded) will have the greatest impact on your client’s success at trial.

While the definition of evidence may seem straightforward, preparing and presenting evidence can be extremely tricky…. even for seasoned legal practitioners.

In this CLE course, the honorable Michael B. Orfield (ret.) provides his unique perspective spent from his years on the bench to help you hone your super power of turning information into admissible evidence. The main evidentiary topics addressed include motions in limine, demonstrative evidence, jury notebooks, mini opening statements, relevant vs. unduly prejudicial evidence, direct & cross examination, refreshing the recollection of a witness, rebuttal & impeachment and hearsay evidence. While this course refers to the evidence code of California, numerous practice points will be introduced and discussed that can be deployed by legal practitioners around the country. To access the course please click here: Evidence: Advocacy and Artistry in the Courtroom.

Further topics discussed in this CLE course include:

  • Knowing your court & judge
  • Leading lay witnesses on direct & cross
  • Coaching witnesses
  • Witness credibility
  • Non verbal statements
  • Silence as a statement
  • Evidence offered for the truth of the matter asserted

The Honorable Michael B. Orfield (Ret.) was a jurist for 20 years, mostly as a civil independent calendar judge and he now serves as a mediator and arbitrator with Agreement.com. The Honorable Harry Elias has been a Superior Court Judge for the County of San Diego for over twenty years. Judge Elias presides over both juvenile and criminal cases.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL 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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TX CLE: New Texas CLE Courses Added

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

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

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

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CLE on Authentication of Handwriting in Legal Cases

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Have you had a case where the authenticity of a signature on a document was at issue?  Cases that involve contracts, wills (even graffiti!!) and other important ‘writings’ often turn on whether it was written by a certain person.  This CLE presentation details the scientific methodology used by forensic handwriting examiners in order to determine the authenticity of handwriting and signatures.

When the veracity of writing is at issue, attorneys frequently turn to an expert – a trained forensic handwriting examiner.

Mike Wakshull of Q9 Consulting provides an excellent introduction to the tools and the trade of the forensic document examiner. In this highly informative presentation Mike teaches the basics of handwriting analysis, describes natural variations in handwriting, explains the forensic document examiners role, highlights case examples where the authenticity of handwriting is at issue and provides an objective framework for handwriting analysis & authentication. To access the course please click here: Authentication of Handwriting in Legal Cases.

Additional topics covered in this CLE course:

  • The Zodiac case
  • Inter-writer variability
  • Intra-writer variability
  • Handwriting identification techniques
  • Reasons for special cause variation
  • 21 key elements for handwriting identification
  • The tools used to examine documents
  • Generally accepted methods of examining documents
  • Handwriting comparison
  • The difference between simulated writing and disguised writing

A court-qualified forensic document examiner, Michael N. Wakshull has been involved in the Forensic Document Examination arena since 1983 and belongs to a number of Document Examination Associations. Mike has been qualified as an expert witness in California Superior Courts and Federal District Court, testifying in cases involving contract disputes, will contests and others. A treasure trove of information, Mike frequently presents to legal groups and associations around the country.

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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New Digital Assets Law Coming to California???

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

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

California Digital Assets Law

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

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

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

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

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CLE: Ethical Issues in Social Media and eDiscovery

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

Ethics 2.0

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

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

Further issues discussed in this CLE:

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

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

This CLE course is offered in the following states:

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

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

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CLE on New Legal Technology Tools for Lawyers

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

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

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

Andres also addresses

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

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

This CLE course is offered in the following states:

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

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

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CLE on Voir Google & the Ethics of Jury Selection

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

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

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

Additional issues covered in this course:

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

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

This CLE course is offered in the following states:

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

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

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