Tag Archives: Ethics

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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New CLE on Common Ethics Traps for Attorneys

Pick up the phone and call your clients, don’t “borrow” money from trust accounts, calendar every key deadline & date – the same fundamental ethics principles still hold true for the 21st century lawyer. That’s because the same traditional ethics issues continue to plague lawyers, leading to countless ethics violations and malpractice lawsuits.

Lawyers & Ethics

The same traditional legal ethics issues continue to bring attorneys down – calendaring dates and communicating with clients still top the list.

In this course Joel Selik discusses the most common ethics violations you need to be aware of so you can continue to practice ethically. The main issues discussed include the most common ethical pitfalls, insurance issues, what happens when you get “the letter” and sources of ethics laws & duties. To access the course please click here: Common Ethics Violations to Avoid.

Joel will also address

  • Calendaring deadlines
  • Communicating with clients
  • Trust account issues
  • Dumping clients
  • Staying in your practice area
  • Contingent & set fee agreements
  • Billing issues
  • Responding to a malpractice letter or ethics complaint
  • Key practice points to remain ethical

A malpractice attorney and ethics expert, Joel G. Selik has practiced law for over 30 years and frequently represents attorney clients in malpractice cases. Joel is licensed to practice law in both California and Nevada and he frequently presents seminars on Estate Planning, Nursing Home Litigation, Legal Ethics and Malpractice.

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

Under the CA MCLE Rules, California attorneys are required to complete 25 hours CA MCLE every 3 years. Of those 25 required CA CLE hours, attorneys must complete at least 12.5 hours for participatory credit. OR put another way you CANNOT complete more than 12.5 hours of self-study credit.[1]

CA MCLE Requirement – Specialty Credits

  • 4 Legal Ethics
  • 1 Competence Issues
  • 1 Elimination of Bias

California attorneys must also complete certain 6 hours of certain specialty credits.  Each three year compliance period California attorneys must complete 4 hours of Legal Ethics, 1 hour of Competence Issues, 1 hour of Elimination of Bias. Please note that California attorneys in Group 2 (Last Names H-M) must report MCLE compliance by February 1.[2]  For more information about California please click here: CA CLE.

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NV CLE: Complete 12 Hours of Nevada CLE by December 31

For 2017, Nevada attorneys must complete at least 12 NV CLE hours each annual Nevada CLE compliance period. In addition, Nevada attorneys must complete at least 2 hours of legal ethics as part of the 12 hour Nevada CLE requirement. Please note that Nevada attorneys now also have a substance abuse requirement that must be completed every three years.[1]

Nevada CLE Compliance & Reporting

  • Reporting Cycle: Annual
  • Compliance Deadline: December 31
  • Reporting Deadline: December 31

There is less than a month left to complete your NV CLE requirement… 2018 will be here before you know it! All NV CLE credits must be completed and reported by December 31 to remain in compliance with the Nevada CLE requirement. Why wait until December 30 to get started studying your NV CLE? You can sign up and start taking Nevada CLE courses in minutes! For more information about Nevada CLE please click here: NV CLE.

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New Ethics CLE: Ethics & the SmallLaw Attorney 

Complying with the ethical rules can be a challenge for solo and small firm practitioners. Small firm and solo practitioners normally handle nearly all legal and business aspects of the firm, as they often serve as their own marketing, administration, billing and collections departments.

Ethics & the SmallLaw Attorney 

Small firm and solo attorneys are especially susceptible to ethics violations because they often handle all legal and business aspects of the firm.

In this CLE course, attorney Gary J. Ross provides a highly practical review of the main ethical issues faced by solo practitioners and attorneys in small firms. When you complete this course you will know the sources of ethics rules for attorneys, recognize the reasons SmallLaw attorneys tend to have more ethics violations, understand the most common ethical pitfalls and know how to properly operate your law practice in accordance with the ethics rules. To access the course please click here: Ethics and the Small Law Practitioner.

Key topics covered:

  • The Model Rules
  • Communications concerning a lawyer’s services
  • Using engagement letters
  • Establishing the lawyer-client relationship
  • Charging a reasonable fee
  • Retainers
  • Conflicts of interest
  • Taking on matters in a new area of law
  • Ending the lawyer-client relationship
  • Of counsel relationships
  • Sharing fees

Gary J. Ross founded Jackson Ross PLLC in 2013 to cater to the legal needs of the startup and venture capital community. Prior to founding Jackson Ross, Gary worked in the corporate transactions and securities practice groups in various large firms in various large cities and also managed to fit in a tour of duty with the Treasury Department.

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 New York CLE in please click the following link: NY CLE.

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New CLE on the Ethics of Attorney-Client Transactions

The quote below succinctly sums up how courts and ethics regulators feel about attorney-client transactions and how you will be viewed if you “do business” with your clients. And “doing business with clients” is treated quite expansively by the courts.

“Attorneys wear different hats when they perform legal services on behalf of their clients and when they conduct business with them.  As to the latter, the law presumes the hat they wear is a black one.”

In this legal ethics CLE course, attorney Peter Afrasiabi discusses the pertinent ethical rules and provides guidance on how you can avoid tripping the wires if you decide to do business with your clients.  Peter will mainly cover the factors for attorney-client transactions to avoid ethical pitfalls, specific case examples, the effect of ethical violations and best practices to remain ethical. Peter also discusses the following specific transactions: a charging lien on future recovery proceeds, client assignment of right to statutory attorney’s fees, deeds of trust secured by a note to pay fees, joint ventures with clients, accepting stock from a startup and loans to clients. To access the course please click here: Ethics of Attorney-Client Transactions: How to Avoid Tripping the Wires.

Peter also addresses:

  • The California Rules of Professional Responsibility 3-300
  • ABA Rule 1.8
  • State fiduciary duty law
  • New York Rule 1.8
  • The original engagement
  • The presumption of undue influence
  • Fair and reasonable & disclosed in a writing
  • Advising independent counsel and getting client consent in writing

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. He is also the Chair of the Appellate Practice Group for One LLP and co-director of the Appellate Litigation Clinic at the University of California, Irvine School of 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)
  • 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 Ethics & Records Implications for Lawyers

Social Media presents numerous challenges for law firms, attorneys and the business clients they represent. From maintaining confidential information to preserving important digital content, attorneys now must be aware of the novel ethical issues posed by social media websites like Facebook & Twitter, blogs, ISP services and applications like SaaS.

Lawyer, Social Media & Ethical Conduct

In this CLE course John Isaza walks you through the key legal ethics implications that arise from a social media presence, including best practices on how to address those ethical concerns.

In this course, John Isaza highlights the main legal ethics implications that arise from attorney’s social media presence and the companies they represent – including best practices on how to address the primary ethical concerns. John also discusses the following Model Rules: Competence, The Advisory Role, The Advocacy Role, Transactions with Non-Clients, Marketing and the Integrity of the Profession. To access the course please click here: Social Media: Ethics and Records Implications for Lawyers.

Additional topics addressed:

  • Pertinent ethical questions
  • Inadvertent communications on social media
  • Jury tampering
  • Ex parte communications with the court
  • Applicable ethics provisions
  • Key policies that should be in place
  • Policy considerations
  • Social engineering
  • Sources of ethical information
  • The big picture
  • Records in social media
  • Marketing materials in social media
  • European data laws
  • High level considerations

John Isaza, Esq., FAI heads the Information Governance & Records Management practice at Rimon. Mr. Isaza is internationally recognized in the emerging legal fields of information governance, as well as records and information management (RIM). He is one of the country’s foremost experts on RIM issues, electronic discovery, and legal holds.

This CLE course is offered in the following states:

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

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

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CLE: 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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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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GA CLE: Complete 12 Georgia CLE Hours by December 31

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Georgia attorneys are required to complete 12 GA CLE hours each year. Of the 12 required hours, you must complete at least 1 credit hour of legal ethics and 1 credit hour of professionalism. Georgia attorneys may complete 6 of the required 12 Georgia CLE credit hours per year through online and downloadable CLE courses.

GA CLE Deadline

  • 12 hours by December 31

You are rapidly running out of time to get your Georgia completed before the end of the year! The deadline to complete the required 12 GA CLE credit hours is December 31 and the reporting deadline is January 31. If you do now know how many credit hours you need to complete, you have the ability to check your Georgia CLE record during the year by logging into your account on the State Bar of Georgia website. For more information about Georgia CLE please click here: GA CLE.

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