Tag Archives: California CLE

New CLE: The Hearsay Conundrum

Say it with me, we all know it. “A statement, made out of court, provided for the truth of the matter asserted.” Yes, we can all repeat the definition of hearsay in our sleep. It’s the application of the hearsay rule that’s trips up lawyers and judges alike.

Hearsay

We all know the hearsay rule it’s the application of rule that trips up lawyers and judges.

In this incredibly insightful course, Paul S. Marks provides you with better organized framework for analyzing potential hearsay evidence that has been gleaned from over twenty years of trial practice. Paul will mainly cover the basic elements of the hearsay rule, oral testimony vs. written testimony & “The Hearsay Conundrum” and exceptions to the hearsay rule. To access the course please click here: The Hearsay Conundrum.

Paul will also discuss:

  • Why the hearsay rule is a lawyer’s dream
  • Non-verbal conduct intended as communication
  • Implied statements
  • Quickly assessing possible hearsay statements
  • The veracity of the statement
  • Using motions in limine to keep possible hearsay away from the jury
  • FRE 105 – Limited Admissibility
  • FRE 403 – Prejudicial vs. Probative
  • FRE 803(6) – The Business Records exception

Paul Marks has practiced civil and commercial litigation in California for over twenty years. Mr. Marks has served as first chair trial counsel in over thirty cases that have reached verdict, about half of them being jury trials.

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)
  • dNew 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: Anatomy Fundamentals for Attorneys

In briefs and during mediation – and especially in court – personal injury attorneys must be able to adequately convey their knowledge of anatomy to experts, the judge and most importantly the jury.

Attorneys & Anatomy

From car accidents to botched surgeries, many legal cases require lawyers to wear their doctor hats and have in-depth knowledge of the anatomy of the human body.

In this CLE course, attorney Rachel Rose will teach you about anatomy fundamentals so you can effectively communicate with your doctor experts and the jury. Rachel will mainly cover the issues & types of cases that require a lawyer to have anatomical knowledge, anatomy vs. pathology, medical position terminology and practical points to consider in your legal cases. To access the course please click here: Anatomy Fundamentals for Lawyers.

Rachel reviews the following systems:

  • Musculoskeletal
  • Gastro-intestinal
  • Circulatory
  • Nervous

From working on Wall Street to interning at the Department of HHS, Rachel V. Rose, JD, MBA, has accumulated knowledge in a multitude of fields throughout her career, with an emphasis on various facets of healthcare. She advises on federal and state compliance and areas of liability associated with a variety of healthcare, legal and regulatory issues including: HIPAA, the HITECH Act, the False Claims Act, Medicare issues, as well as corporate and security regulations.

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 Texas and around the country. For more information about CLE in Texas please click the following link: TX CLE.

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CA CLE: Can I Take Online and Downloadable Video for Participatory MCLE Credit in California?

Yes you can!  California attorneys can take all 12.5 required CLE participatory hours online – and downloadable audio and video – including all legal ethics, bias and competence issues. For online CLE courses, “participatory” means that we monitor your attendance – which we do.[1]

CA MCLE – Participatory Credit

  • Online video – click randomly inserted verification prompts
  • Downloadable audio & video – number code verification

The next group up for MCLE compliance in California is Compliance Group . Attorneys with last names A-G must complete the California MCLE requirement and report compliance by February 1, 2019.  For more information please click here: CA CLE.

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

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New CLE: Tips to Avoid Ethical Violations and Malpractice Claims

What can you do to avoid a legal malpractice claim or grievance from the state bar? Most of the time it’s not rocket science, there are many basic things you can do to limit your exposure.

Practicing Ethically

How many times do you have to be told to communicate with your clients? Well, it’s still not enough for some attorneys because numerous lawyers still get in hot water for failing to call, email or text clients and keep them in the loop.

Brooks Schuelke will help keep you out of trouble by discussing the key elements of malpractice law, 10 tips to avoid ethical violations, what you can do if a claim is made against you and possible insurance coverage. To access the course please click here: Ten Tips to Avoid Ethical Violations and Malpractice Claims.

Brooks will also cover:

  • Negligence
  • Breaching a fiduciary duty
  • Privity
  • Defining who you represent
  • Defining the scope of the representation
  • Communicating with clients
  • Saying you’re sorry
  • Calendaring, doing business with clients
  • Suing clients for fees
  • Screening clients
  • Conflicts checks
  • Reporting your claim to your insurance carrier
  • Purchasing legal malpractice insurance

Brooks has been a trial lawyer since 1995. His practice has focused on the representation of individuals and small businesses injured by others. This practice includes personal injury litigation and legal malpractice 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)
  • 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 Texas and around the country. For more information about CLE in Texas please click the following link: TX CLE.

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CA MCLE: Substance Abuse is now Competence Issues

Quick reminder for California attorneys coming up for MCLE compliance in February 2019.  The former 1 hour Substance Abuse requirement has been expanded out to include mental health concerns and is now called Competence Issues.[1]

CA MCLE Requirements

  • 25 — Total hours
  • 12.5 — Participatory Credit
  • 4 — Legal Ethics
  • 1– Competence Issues
  • 1 — Elimination of Bias

California attorneys must make sure to complete at least 1.0 hour of Competence Issues each 3 year compliance period. Last names A-G must report MCLE compliance by February 1, 2109, on the My State Bar Profile portal on the State Bar of California website. For competence issues courses please click here: Competence Issues.

[1] The Substance Abuse category was effectively expanded to cover additional topics: mental health, stress and how it effects an attorneys competence to practice law.

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CLE: Deal With the Bad Facts in Your Case!!

Every case has bad facts. But should you deal with it only after the opponent introduces it at trial – or is it better to “inoculate” the jury against the bad facts by first introducing it in a weakened form? While the conventional wisdom states that inoculating the jury at an early stage is the preferred approach, in the past 20 years a vocal minority of commentators created confusion on the issue by mounting a fierce assault on the conventional thinking.

Deal With It!!

Veteran trial attorney Quentin Brogdon shares his experiences and thoughts on how to best deal with the bad facts buried in your cases.

In this CLE course, Quentin will cover how jurors deal with bad facts, the positives & negatives of inoculating the jury, considering the sponsorship theory and additional trial strategies to limit the effects of bad facts. To access the course please click here: Dealing with Bad Facts.

Quentin will also discuss:

  • The mindset of the jury
  • The importance of the plaintiff
  • Cognitive dissonance
  • The severity effect
  • Types of bad facts
  • Rational fears
  • Fear factors
  • Counseling clients
  • 3 lessons on sponsorship
  • The Rice-Legger Study
  • Self-flogging ads
  • Turning strengths into weakness
  • Motions in limine
  • Limiting instructions
  • Failing to preserve error
  • Possible waiver of appellate points of error when adopting an inoculation approach
  • Ohler v. U.S. (2000)

A seasoned trial attorney, Quentin Brogdon is a Fellow in the International Academy of Trial Lawyers. He has been selected as one of its “Lawdragon 500 Leading Plaintiffs’ Lawyers in America,” selected by the National Trial Lawyers as one of the Top 100 Texas Trial Lawyers, selected by the National Association of Distinguished Counsel as one of the Nations’ Top One Percent, and selected by D Magazine as one the “Best Lawyers in Dallas.”

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 Texas and around the country. For more information about CLE in Texas please click the following link: TX CLE.

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New CLE on Franchise Law & the Franchise Disclosure Document (FDD)

Franchise law is a specialized area of law that is fairly regulated by both federal law and various state laws. Knowing the intricacies of how franchising and franchise law work can enhance your skill sets as a practitioner and help you better assist your business clients.

Franchise Disclosure Document (FDD)

The Franchise Disclosure Document (FDD) must include 23 items and it includes prospective franchisees with the information they need to make an informed decisions.

In this CLE course, Joe Donnini will cover not only the fundamentals of franchise law, but also address numerous practical points that you must consider to effectively represent your clients that are considering buying a franchise. Joe will mainly discuss the legal definition of a franchise, the federal & state regulatory framework, disclosure & documents, franchise contracts and common legal and practical concerns. Joe also spends a considerable portion of the course reviewing the 23 items in the Franchise Disclosure Document (FDD). To access the course please click here: Franchise Law.

Joe mainly covers the following Items in the FDD:

  • The estimated initial investment
  • Initial & other fees
  • Financing
  • Renewal
  • Termination
  • Transfer & dispute resolution
  • Financial performance representations
  • Contracts

Joe Donnini is an experienced attorney, entrepreneur, educator, and business consultant. Having a diverse background has positioned Joe to gain perspective in multiple industries on many matters. Joe has assisted clients in key areas of business creation, development, operations, and finance.

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 Property Damage & Homeowners Insurance

Many of us have achieved the one of the pinnacles of the American dream, owning our own home. However, even though it’s the most expensive purchase many of us will make, quite a few attorneys and clients fail to understand the basics of the document that protects their investment – their homeowners insurance policy.

Floods, Wildfires and Hurricanes

In 2017, from floods to fires there were 16 related weather disasters that exceeded $1 billion each and the damage from Hurricane Harvey will exceed $125 billion.

In this CLE course, attorney Evan Walker will walk you through the basics of understanding homeowners insurance policies and coverage. He will mainly cover the following topics: the declarations page & definitions, coverages, exclusions, endorsements and first & third party claims disputes. To access the course please click here: Burnt, Smashed, or Broken: Property Damage and Homeowners Insurance.

Evan will also discuss coverage & coverage limits

  • Coverage A – D
  • How to read the policy
  • The definitions of the insured & insured property
  • The issue of being underinsured
  • Due diligence to make sure that you have adequate insurance
  • Depreciation
  • Additional living expenses
  • Named perils
  • The burden of proof
  • Scope of coverage
  • Riders
  • Contract-driven disputes
  • Tort claims against third parties
  • Subrogation

After evacuating from New Orleans to Houston, Evan W. Walker graduated in 2008 as part of the ‘Hurricane Katrina Class.’ After graduation, Evan worked for a New Orleans insurance defense firm. He opened his own firm in 2014 to represent people after years of defending insurance companies.

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 for Attorneys on Litigating Sexual Harassment Claims in the #MeToo Era

Susan Fowler had tried everything – going to human resources, talking to her managers, transferring departments, but nothing changed. An engineer at Uber, the sexist comments at her toxic workplace just kept coming. So she went online and wrote a 3,000-word blog post exposing the behavior and culture at Uber. Less than one year later, Uber co-founder and C.E.O. Travis Kalanick was forced out along a number of Uber executives

#MeToo and Sexual Misconduct Lawsuits

With the #MeToo hashtag, women have been empowered to share their harrowing experiences of harassment and assault by men. Lawyers litigating these claims will see familiar themes that run through these sexual misconduct cases.

Stories like that of Susan Fowler have dominated Twitter and the headline news the last few months since the Harvey Weinstein scandal broke and have resulted in numerous terminations and lawsuits in workplaces around the country. In this CLE course, trial attorney Dan Gilleon will discuss litigating sexual harassment claims in the #MeToo era, state and federal laws covering sexual misconduct and important considerations when evaluating sexual misconduct cases. To access this course please click here: Litigating Sexual Harassment Claims in the Me Too Era.

Dan will also cover the following topics:

  • The four stages to these cases
  • Numerous case examples from his practice
  • Hostile work environment & quid pro quo cases
  • Claims under FEHA (Fair Employment and Housing Act)
  • Insurance & the defendant’s ability to pay
  • Key statutes of limitations

For decades, Dan Gilleon has been fighting for his clients with exceptional intensity and passion. Mr. Gilleon fights with vigor for his clients, often for the “little guy” that is being taken advantage of or bullied and he has fought and won countless high profile cases, often against powerful companies or even dangerous thugs and criminals.

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 on What Women Lawyers Can Do to Combat Bias

There’s a reason that women are sorely unrepresented in upper leadership. America’s workplaces – especially legal offices – are riddled with bias against women leaders. As a result, women seeking to advance in their legal careers face both biases that prevent them from reaching the upper echelon of their firms and careers.

Gender Bias in the Legal Profession[1]

Female and male attorneys experience a sharp disparity in their career achievements: compensation earned, management positions held, and first chair opportunities made available. This disparity is primarily the result of one factor: the discriminatory operation of gender stereotypes in all legal organizations—even the very best intentioned ones.

In this thoughtful and fast moving program, Andrea S. Kramer and Alton B. Harris discuss the extent of and reasons for the achievement disparity between female and male lawyers, and how gender stereotypes and gender bias prevent women from advancing in their legal careers as far and as fast as men. Andie and Al mainly discuss the ABA’s response to increase diversity & inclusion, the root of the gender bias problem and what women can do to overcome gender bias. To access the course please click here: What Women Can Do to Advance Their Legal Careers Despite Gender Bias.

Andie and Al also talk about:

  • ABA Model Rule 8.4(g)
  • ABA Resolution 302
  • Men and #MeToo
  • Communal & agentic stereotypes
  • Biases that flow from gender stereotypes
  • The Goldilocks dilemma
  • Impression management
  • Seeking make allies
  • Encouraging organizational change

Andrea S. Kramer is an attorney and a partner in the international law firm of McDermott Will & Emery, LLP. The managing partner in the Chicago office of Nixon Peabody, Al is a frequent writer and lecturer on the financial markets, financial regulation, corporate governance and diversity in the legal profession.

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.

[1] Rewrite the Script: Overcoming Gender Stereotypes Holding You Back

iframe.dri.org/DRI/course-materials/2017-WITL/pdfs/06_Harris.pdf

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