Almost everyone likes a to-do list. But what about a not to-do list—a malpractice not to-do list? A malpractice not to-do list is a list of professional behaviors or situations that, if undertaken, stand to bring a lawyer closer to malpractice. In this presentation, we present a seven-item not to-do list spanning every phase of a representation—from initial consultation, to relationship-building, to routine client interactions, to end of relationship. We explore why clients file malpractice claims and identify a wide range of common ethical traps.
In this presentation, we’ll present a foundation in mediation, which we’d say with no hesitation is becoming a routine part of litigation. This course is geared toward lawyers who are new to mediation, although even seasoned hands might find a few things to think about. We’ll explain what mediation is, how it works, and how to prepare yourself and your client. We’ll offer tips for the mediation session itself, and we’ll consider some common pitfalls involving attendance, settlement authority, settlement agreements, and confidentiality.
“Sanctuary jurisdictions” are cities, counties, or states that use a variety of measures to limit law enforcement participation in federal immigration enforcement efforts. In this introduction to sanctuary jurisdictions, we will explore the constitutional tension underlying these measures, and trace the history of federal reliance on state law enforcement to carry out immigration enforcement. Additionally, we will review the various federal immigration programs that solicit law enforcement participation, as well as explore the measures some jurisdictions have implemented to prevent such participation.
In this course, we will discuss the importance of maintaining civility in communications with clients, opposing counsel and others and recommend best practices for doing so by exploring scenarios that an attorney might face in practice.
Bias can influence decision-making and behavior in profound ways, and bias against the lesbian, gay, bisexual, transgender, queer, intersex, and asexual (“LGBTQIA”) communities is pervasive. LGBTQIA clients need attorneys who are both competent in the law, and competent in LGBTQIA experiences. This presentation divides LGBTQIA cultural competence into five distinct areas: understanding the terminology around gender, sex, and sexual orientation, calling out the messaging that can influence our beliefs and behaviors, appreciating the specific challenges facing members of these communities, cultivating inclusive spaces that helps LGBTQIA clients feel comfortable expressing their needs, and being an ally by committing to a reflective practice. The presentation contains a number of helpful practice tips about representing LGBTQIA clients.
Beginning in Ancient Rome and journeying to modern bankruptcy law in the United States, this presentation offers an overview of the history and current substantive law of so-called straight consumer bankruptcy in the United States under chapter 7 of the United States Bankruptcy Code. In this course, we’ll walk through a typical chapter 7 case with Debbie Debtor, recently unemployed due to the COVID-19 pandemic. We’ll learn about the filing of the petition, the creation of the bankruptcy estate and automatic stay, the § 341 meeting of creditors, discharge, postdischarge issues, and more!
Discovery can be one of the more challenging parts of a federal civil case. With so many rules, procedures, and opportunities for conflict, it’s no wonder that discovery makes some lawyers worry. This presentation will put your mind at ease with a step-by-step guide to the concepts and tools you need to navigate – and love— federal discovery.
When it comes to remote lawyering, with great power comes great responsibility. With the great flexibility and independence, comes the great demands of securing confidential client information and maintaining practice standards. In this survey of the challenges and opportunities of remote work, we explore some of the major considerations for practicing law remotely, from leveraging technology, to managing clients and staff, to staying sane when your pug is your paralegal. We begin by exploring what’s to learn from COVID-19 and remote legal operations.
An effective oral advocate balances control and flexibility, directly responding to questions while continuing to emphasize a core theory. An effective oral advocate addresses any lingering doubts, demonstrates their knowledge and abilities, and serves as a problem-solver to the bench. Being an effective oral advocate takes significant preparation—battle plans. This oral argument boot camp walks you through the rigorous process of preparing for an appellate oral argument. Topics include techniques for conquering nerves, distilling a core theory, developing a dedicated process to practice answering questions, getting mooted, and more.
Millions of uninsured people in the United States have the right to receive emergency medical care thanks to the Emergency Medical Treatment and Labor Act (EMTALA). Signed into law by President Reagan in 1986 and still in force today, EMTALA provided the first limited federal right to health care regardless of ability to pay. In this survey of EMTALA, we dissect the “golden rule of the emergency room” and introduce the major statutory and regulatory mandates, as well as case law interpretations thereof. In that vein, we also cover hot-button issues and present some of the top compliance challenges for hospitals.
Negotiation is the bread and butter of lawyering. In this introductory presentation, we give you the bottom line on negotiation skills. First, we explore the various theories of negotiation, including adversarial and problem-solving models, negotiation styles, and ethical considerations. Second, we review the preparation process and phases of negotiation. Finally, we introduce the hot topic of negotiating remotely with videoconferencing technology.
Public support for legalized cannabis is at an all-time high, and at least 33 states have legalized it in some fashion. In light of the booming cannabis industry and the significant regulatory challenges that cannabis-related businesses face, the need for legal advice is industry-wide. However, giving cannabis-related legal advice can raise some hazy ethical issues for attorneys, due in part to the continued illegality of cannabis at the federal level. In this presentation, we will examine both the ABA Model Rules of Professional Conduct and a selection of state rules and opinions as we work through the ethical implications for lawyers who don’t stay off the grass.
In this presentation, the speaker will (1) discuss the legal history of the Supreme Court’s Fourth Amendment jurisprudence concerning modern technology, beginning with two landmark cases in the 1920s; (2) address the Court’s Fourth Amendment cases concerning modern technologies in the recent past (since 1970); and (3) conclude by offering some thoughts about how the Fourth Amendment may or may not apply to some very recent technologies that haven’t yet been addressed by the Supreme Court.
Service dogs, assistance animals, emotional support animals, guide dogs, therapy animals, and ordinary pets—what’s the difference? Rules pertaining to assistance animals are complex, often puzzling, and ever shifting. In this introduction to the law of assistance animals, we unleash three foundational disability laws: the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Fair Housing Act, and explore the making of an assistance animal under each of these acts.
Enterprising craft distillery owners cannot afford to be absinthe-minded when it comes to the thicket of federal, state, and local laws regulating distilleries. In this introduction to distillery law, we cover some of the major hurdles to launching and operating a craft distillery, including federal licensing, state and municipal permitting, labeling, and trademark. We also introduce hot-button issues and distill some best practices for proactive protection of distillery owners who are navigating the whiskey business of producing craft spirits.