Montana CLE Requirements

An attorney is a professional; and being a good and respected attorney means more than just making lots of money and having lots of clients. It means displaying, encouraging, and garnering reciprocal professionalism. In this introduction to legal professionalism, we cover some of the major temptations, quandaries, and slip ups that attorneys can handle properly if they adhere to a high standard of professionalism. We also review a sample state’s creed on professionalism, as well as a recent ethics - related case before ending with a summary of suggested best practices for maintaining the highest standards of professionalism and avoiding the scrutiny of the local bar’s ethics board.

The entrepreneurial cannabis industry requires legal assistance like any other growing, innovative business sector. However, the cannabis industry does not necessarily resemble other evolving start-up business areas. Unlike most other industries, cannabis continues to be a federally designated illegal controlled substance, while various states have legalized cannabis and planted a patchwork garden of cannabis statutes, regulations, and ethics advisory opinions. What’s a lawyer to do? Legal ethics questions abound! What type of legal assistance may a lawyer provide to a client involved in the cannabis industry? May a lawyer accept product or an interest in a cannabis business in lieu of fees? Will a lawyer who participates in a medical marijuana program or indulges in recreational cannabis face ethical repercussions? This course will explore the historical context of the cannabis debate, the legal ethics implications for lawyers seeking to represent cannabis clients, and the current state of the legal profession’s response to legal ethics questions posed by lawyers traipsing through the patchwork garden of state regulations.

This course provides an advanced overview of criminal mitigation as a key strategic tool for criminal defense lawyers, and reviews various humanizing processes that a criminal law attorney can utilize to better advocate for his or her client. Mr. Silver discusses how the use of psycho-social analysis, which can also impact the factual analysis of the case, can provide a more positive and informed narrative of a client and increase their chances of success in the courtroom. Both experienced and novice lawyers will gain important insight into various criteria to consider and deploy at the pre-sentence or pre-plea stage of representation.

Copyright Law can be the Charles Dickens of the law. It can be the best of times; it can be the worst of times. It truly is A Tale of Two Scenarios. If the attorney handling the copyright matter for the client is well prepared, does the initial research, and understands the general principles, it will be the best of times—going from initial application through final issuance and, possibly, victory at trial. If the attorney handling the copyright matter is unprepared, does not conduct sufficient research ahead of time, or does not understand the general principles of copyright law, then it will be the worst of times. The initial application may result in rejection from the U.S. Copyright Office, or the attorney could find himself embroiled in protracted and, ultimately, unsuccessful copyright-infringement litigation. In this introduction to Copyright Law, we cover the basics from application through litigation in an effort to ensure the attorney practices Copyright Law in the best of times.