Category Archives: Voir Dire

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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CLE Course on Crafting an Effective Closing Argument

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The way that juries process information has fundamentally changed over the last few decades – you can thank Big Bird and YouTube for that. Today’s jurors are less apt to soak up volumes of information that complex cases require. Because of this short attention span, you must be as dynamic as possible to grab the jury’s attention and persuade them to find for your client.

When it comes your closing argument, you should keep your message simple, brief and easy to understand.

In this fast paced and informative CLE course, you will learn how to provide an effective and succinct closing argument that the jury will be able to process and remember when they walk into deliberations. Trial attorney David A. Fox covers a number of practice points and uses case examples from the following causes of action: criminal conspiracy to commit robbery, slip & fall, fraud, personal injury, negligence and wrongful death. To access the course please click here: Crafting a Simple and Effective Closing Argument.

Dave mainly discusses:

  • How jurors learn & retain information
  • Using different media in your closing
  • Connecting with the jury
  • Framing the debate
  • Focusing on responsibility & jury instructions
  • Crafting your message
  • Being outcome determinative
  • Keeping your message easy to understand
  • Streamlining your trial
  • Solving the problem

Dave Fox is a trial lawyer that has dedicated his career to helping ordinary people going through extraordinary circumstances. Dave has obtained remarkable settlements and verdicts for his clients in difficult cases involving wrongful death, catastrophic injuries, premises liability and fraud.

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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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: 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 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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CLE Course on Understanding the Psychology of the Jury to Conduct a Successful Voir Dire

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Jury selection is one aspect of trial practice that seems to strike fear into the hearts of many attorneys. For many reasons, voir dire is often an anxiety-provoking situation for both the attorney and potential juror. One of the golden rules we all learn in law school is not to ask questions we don’t already know the answer to – especially during cross-examination. Well, in jury selection this rule does not apply. You don’t have any idea what anyone might say at any given time and this uncertainty creates a lot of anxiety and concern for many attorneys.

Most trial attorneys will agree that voir dire is one of the most important events in any given trial – and probably one of the most stressful.

In this course trial consultant Bryan C. Edelman, Ph.D., uses his background in social psychology and the law to offer you a glimpse into the mind of the jury so that you conduct a more effective voir dire. Dr. Edelman demystifies the jury selection process by analyzing the courtroom experience from the perspective of the juror, providing tips & strategies for conducting a successful voir dire and teaching attorneys how to score jurors on important attributes so that they may more efficiently exercise peremptory challenges and select a jury. To access the course please click here: Psychology of the Jury: Conducting a Successful Voir Dire.

Further topics of discussion in this CLE course:

  • The story model
  • Filters of human perception
  • Personal experiences & jury deliberation
  • Disconfirmation bias
  • Obstacles to a successful voir dire
  • Social pressure in the courtroom
  • Comments from silent jurors
  • Voir dire tactics
  • Getting quiet jurors to talk
  • Asking questions
  • Identifying the pseudo-expert
  • The minimization effect in high profile cases
  • Sculpting your audience
  • Leadership
  • Developing a scoring system
  • The wish list
  • The strike list
  • The scoring chart
  • The final review of your challenge decision

The co-founder of Trial Innovations, Bryan C. Edelman, Ph.D., began working as a trial consultant in 1998 and he has worked on numerous criminal and civil cases. As a consultant, he applies his training in social psychology, persuasion, group dynamics and social cognition to the courtroom. His particular area of expertise is in complex litigation where jurors are most likely to rely on their prior attitudes, life experiences and heuristics to process evidence and reach conclusions. Dr. Edelman has served as a presenter at national and international conferences and has published a book on the impact of race and empathy on sentencing in capital cases and articles on the influence of graphic images on perceptions of liability and damages.

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 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: Persuasion & Over-Aggressive Lawyering

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The barracuda… the bulldog… the great white – many attorneys compare themselves to aggressive animals to try and convince clients that they are ready to pick a fight on command and defend the claim to the death.  But is this ultra aggressive lawyering style the best approach to take?  Will being the ‘great white’ attorney help you to get the best result for your client?

“You’re not William Wallace.” – Chris Arledge

In this excellent, informative and entertaining course attorney Chris Arledge discusses the dangers of over-aggressive lawyering… sharks get eaten too!  The main topics discussed by Mr. Arledge include getting the best result for your client, the dangers of being the ‘great white’ attorney, using persuasion techniques to gain credibility with jurors & the court and the dangers of demonizing the opposing side.  To access the course please click here: Persuasion: The Dangers of Over-Aggressive Lawyering.

Further topics addressed include:

  • Your client’s best interest
  • Lost opportunity for agreement
  • Your options with a hot document
  • Commitment & consistency
  • Lost opportunity for resolution
  • The lack of credibility
  • Wasting resources
  • The judge’s reality
  • Ethos & attorneys
  • Carrot Top vs. Aristotle
  • Arguing a weak position
  • Using concessions to gain advantage
  • Your opponent is not Genghis Khan
  • Casting the opposing counsel as the most unethical lawyer in the state

Christopher W. Arledge is a co-founder and managing partner of One LLP.  His primary focus at One LLP is IP litigation – particularly disputes over copyrights, trademarks, and trade secrets.  In recent years, he has handled disputes involving the IP of celebrities like Madonna, Don Henley, Kobe Bryant, Bette Davis, and Perez Hilton.  Above all, lawyers are called to persuade – and Chris therefore studies and teaches the principles of persuasion.  He has taught the Art of Persuasion at Chapman Law School and has lectured on persuasion to some of the largest, most prestigious professional firms in the country, including Munger Tolles, O’Melveny, Jones Day, and Deloitte.  Chris has polished his advocacy skills outside the courtroom as well, taking part in speaking engagements and debates sponsored by groups such as the ABA, the Federal Bar Association, the University of Southern California, Chapman Law School, Whittier Law School, the Anti-Defamation League, California Lawyers for the Arts, and various Inns of Court and local bar associations.  Chris also serves as a legal expert on a number of nationally syndicated radio programs.

This CLE course on persuasion & over aggressive lawyering 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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