Tag Archives: New York 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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NY CLE: New York CLE FAQ

How many NY CLE hours do I need to complete?  How many ethics hours are required?  When do I report compliance?  Do providers report my completed courses? Are there special requirements for newly admitted attorneys?

Top NY CLE Questions

  • As an “experienced” New York attorney, what is my CLE requirement?
    • Experienced New York attorneys must complete a total of 24 NY CLE hours every two years. You must complete at least 4 hours of Ethics and Professionalism each two-year compliance period.
  • When must I complete my NY CLE requirement and report my NY CLE compliance?
    • Your NY CLE compliance deadline is your birthday. You have 30 days after your birthday to report your NY CLE compliance.
  • How do I report my New York CLE compliance?
    • The CLE Board will mail you an attorney registration form to report compliance. You must file your attorney registration form and indicate that you have completed your CLE requirement within 30 days after your birthday on alternate years.

If you’re like many New York attorneys – even experienced attorneys – you have questions about your NY CLE compliance. That’s why we created our New York CLE FAQ… so we can help you easily find the information that you need about your NY CLE compliance! For more information about your NY CLE compliance please click here: NY CLE FAQ.

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New CLE on Privilege, Confidentiality and Attorney Work Product

It’s Tuesday and you’re just about to head to a quick lunch meeting with a potential new client. You check your email one last time before heading out and you see an email from Dan, one of your longest running clients that has recently had some financial hardships. Dan emailed you to “suggest” that he was thinking about covering up some “possible” money-laundering with documents you previously prepared for him. What do you do?

Privilege, Confidentiality and Attorney Work Product

Yes, dicey situations arise when it comes to the interplay of privilege, confidentiality and attorney work product.

Although related, these are different concepts and the interplay of the three frequently confuses lawyers and judges alike. Evan will discuss a number of case examples and practical everyday situations so you can better understand the similarities and differences between the privilege doctrine, the work product doctrine and confidentiality. To access these courses please click here: The Attorney-Client Privilege, Work Product Doctrine and Confidentiality.

Evan will mainly cover the:

  • ABA Model Rule 1.6
  • Mandatory & permissive disclosures
  • SEC violations
  • The 5 C’s of Confidentiality
  • Why the attorney-client privilege is under attack
  • Selective waiver
  • The crime-fraud exception
  • The Michael Cohen “raid”
  • Confidentiality & ex-employees
  • Opinion vs. ordinary work product
  • Ten tips to maximize the protections of confidentiality

Evan Stewart’s practice principally focuses on the financial services industry, handling litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums and the U.S. Supreme Court.  He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.

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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NY CLE: Bias, Diversity & Inclusion for New York Attorneys

Did you know that the NY CLE requirement changed as of July, 1, 2018?  New York attorneys are now required to completed 1 hour of Diversity, Inclusion and Elimination of Bias each 2 year compliance cycle as part of the 24 required NY CLE hours.

New NY CLE Requirement

New York attorneys must now complete 1 hour of Diversity, Inclusion and Elimination of Bias starting July 1, 2018.

Please not that you are still required to complete at least 4 of hours in Ethics and Professionalism. Attorney Credits offers a number of courses on eliminating bias in the legal profession, increasing diversity in firms and inclusion issues. For more information about New York CLE please click here: NY CLE.

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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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New York CLE: Diversity, Inclusion & Elimination of Bias

Did you know that the NY CLE requirement has been amended?? New York attorneys are now required to completed 1 hour of Diversity, Inclusion and Elimination of Bias each 2 year compliance cycle.

New NY CLE Requirement

New York attorneys must now complete 1 hour of Diversity, Inclusion and Elimination of Bias.

This CLE rule change will not add to the current experienced attorney biennial CLE requirement of 24 hours. You are still also required to complete 4 of hours in Ethics and Professionalism. New York attorneys are also still required to completed 24 total NY CLE hours, including 4 hours of Ethics & Professionalism. For more information about New York CLE please click here: NY 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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CLE COURSE: DIGITAL FORENSICS FOR ATTORNEYS 102

Just because a person installs some software on the neighbor’s computer does not make them a digital forensics expert. And when your client is looking at 30 years in prison, this is not the person you want to retain as the digital forensics expert in your next case.

Digital Forensics

There is a tremendous knowledge gap in our legal system today when it comes to matters involving digital evidence. In our years of experience in working with attorneys as digital forensics experts, common questions arise again and again: What do I ask for? Is the evidence relevant? What does this item in the forensic report mean? What should I ask the other expert? What should I ask you? Can you explain that to a jury?[1]

Digital forensics is a highly technical field. The expert you select must have the proper investigative and technical background – in addition to being able to understand their place in the legal system. If you need help selecting a digital forensics expert for your next case join Lars Daniel as he covers how to select the best expert, discovery & usage of digital evidence and challenging digital evidence. To access this course please click here: Digital Forensics for Attorneys 102.

Lars also discusses:

  • Computer experts vs. forensic experts
  • Key points to selecting an expert
  • Forensic & non-forensic certifications
  • Forensic tools
  • The expectations of the digital expert
  • The Brad Cooper murder trial
  • Spotting the problem expert
  • United States v. Bryan James Gardner
  • Browser caching
  • Challenging text messages
  • Macrium images

Lars Daniel has numerous digital forensics certifications. The co-author of the book Digital Forensics for Legal Professionals, Lars has attended over 250 hours of forensic training and has worked on over 500 cases involving murder, child pornography, terrorism, rape, kidnapping, intellectual property, fraud, wrongful death, employee wrongdoing and large scale e-discovery collections.

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.

[1] Excerpt from Digital Forensics for Legal Professionals: Understanding Digital Evidence From the Warrant to the Courtroom

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New CLE: Tell Your Client’s Winning Story

There’s always a greater story hidden behind the rigid surface of your client. As a trial lawyer, it’s your job to be able to find this story, to craft it and then to awaken the jury to your client’s greater story.

Tell the Winning Story

When you’re facing the jury, you’re a storyteller whether you like it or not. The question is, how good is that story? Is it dead or alive?

In this CLE course, Juliard’s graduate Jesse Wilson will show you how to present your client’s winning story to the jury while avoiding the victim trap. Jesse will mainly discuss how to avoid telling the whining story, building a strong human connection with the jury, putting your client’s story before the jury and understanding the role of story & conflict at trial. To access the course please click here: The Winning vs. Whining Story: How to Transform Your Client from Victim to Victor.

Additional topics addressed include:

  • Embracing & thriving in an uncomfortable courtroom
  • Avoiding talking about your client like a victim
  • Tapping into emotional evidence
  • Breaking through your client’s rough exterior
  • Crafting the theme of your case
  • But I don’t love my client
  • Reframing the definition of conflict
  • What make a great story
  • Focusing on conflict
  • Using monologue to understand your client’s experiences

Born and raised in Los Angeles – almost underneath the iconic Hollywood sign – Jesse Wilson is the CEO and Founder of Tell The Winning Story, a communications effectiveness program that helps attorneys step into their true communications power through the raw power of the theater. He works with attorneys throughout the country to tell their client’s winning story.

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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