CLE: Dealing with High Conflict People in Court

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Do you have a client who just does not listen to you? Who constantly calls you demanding that you do something about their case? Or how about that file that you simply do not want to pick up off your desk because you wish you had never taken the case in the first place? And what about the opposing counsel that you dread talking to because they are so hostile and manipulative?

Managing people with high conflict personalities (HCPs) takes lots of practice because they require methods that are often the opposite of what professionals automatically feel like doing – and the legal system is full of people with high conflict personalities.

Do you have the tools needed to deal with high conflict clients, attorneys and judges? If you need strategies and tips for dealing with high conflict people in the legal system, join Bill Eddy as he helps make sense of the fears that drive conflict and drive people to file lawsuits, complaints and wreak havoc for legal professionals and the general public alike. The main points addressed in this course include the lack self-awareness in high conflict people (HCP), lack of change, externalizing responsibility and 10 skills for managing HCPs in court. You can access the course by clicking here: Dealing with High Conflict People in Court.

Additional issues addressed include:

  • High conflict people & feedback
  • Personality disorders
  • The two hemispheres of the brain
  • The corpus callosum
  • Explaining the process to the client
  • Avoiding labels
  • Lowering expectations
  • Preparing yourself to stay calm
  • Preparing your client for surprises
  • Presenting patterns
  • Responding to highly-insistent emotions without getting hooked
  • Containing emotions by focusing on tasks
  • Emphasizing both parties’ strengths
  • Using indirect confrontations
  • Obtaining tentative opinions
  • Talking about choices, consequences & hope
  • Using EAR statements (Empathy, Attention, Respect)

Bill Eddy is a lawyer, therapist, mediator and the President of High Conflict Institute. He developed the “High Conflict Personality” theory (HCP Theory) and has become an international expert on managing disputes involving high conflict personalities and personality disorders. He provides training on this subject to lawyers, judges, mediators, managers, human resource professionals, businesspersons, healthcare administrators, college administrators, homeowners’ association managers, ombudspersons, law enforcement, therapists and others. He has been a speaker and trainer in over 25 states, several provinces in Canada, Australia, France and Sweden. He is the author of numerous articles and several books, including: High Conflict People in Legal Disputes, It’s All YOUR Fault!, 12 Tips for Managing People Who Blame Others for Everything, SPLITTING: Protecting Yourself While Divorcing Someone with Borderline or Narcissistic Personality Disorder, BIFF: Quick Responses to High Conflict People, Their Personal Attacks, Hostile Email and Social Media Meltdowns.

This CLE course is currently 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 continuing legal education (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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CLE: Ethical Issues for Trustees & Fiduciaries

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A fiduciary is a person who assumes responsibility for a position of trust. Fiduciaries serve by court appointment as guardians, conservators and personal representatives of estates. They also serve by agreement as trustees, representative payees or as agents under powers of attorney. Many seniors choose to appoint a professional fiduciary in order to avoid burdening family members and to avoid creating conflict with siblings and other relatives.

Who needs a Professional Fiduciary?[1]

Many seniors with family choose to appoint a Professional Fiduciary to avoid burdening family members. Even the most capable adult child is frequently fully committed to work and home responsibilities and may not live conveniently nearby. And, of course, many family members would not be a good choice for fiduciary work due to the lack of appropriate skills or the potential for conflict with siblings or other relatives.

To learn more about the role of the professional fiduciary join Marguerite Lorenz as she delivers an excellent presentation on the ethical standards that guide trustees & fiduciaries and the common everyday scenarios where these ethical issues come into play in the estate planning and administration process. The main topics discussed in this CLE course include the people involved in the estate planning process, the fiduciary’s Duty of Loyalty, determining the entire estate, marshalling the assets and interviewing the fiduciary. This course has also been approved for California fiduciaries, both for pre-licensing and for continuing education credit. To access the course please click here: Ethical Issues for Trustees & Fiduciaries.

Additional subjects covered include:

  • The role of the fiduciary/trustee
  • Triggering events
  • Beneficiaries & trustees
  • Licensing
  • Determining who is the client
  • The overall goal
  • Gathering all the key documents
  • Timekeeping
  • Securing the assets
  • Communications
  • Records
  • Distributions
  • The Prudent Investor Act
  • The succession plan

Marguerite Lorenz is a professional Trustee and Executor and frequent speaker on a variety of Estate Planning topics. As Co-Author of “Ethics for Trustees – A Guide for All Who Serve as Trustee,” she continues to write for various periodicals. Marguerite has always been interested in efficient administration. From her first job as executive secretary for a well established service organization in Los Angeles, to her work in the Internal Audit Department of SunAmerica Financial, to her position in Business Development for a Student Tuition Financing company, Marguerite has continuously streamlined processes, improved the client experience and delivered results. Marguerite has served as Chairman, after being appointed by Governor Brown in 2012, of the Fiduciary Licensing Bureau Advisory Committee in Sacramento. She served as Co-Chair of the Professional Fiduciary Association of California’s 2012 Annual Conference in Anaheim, California.

This CLE course is currently 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 Jersey (NJ)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (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.

[1] What is a fiduciary?

http://www.pfac-pro.org/whatis.php

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IL MCLE: September 30 Late Reporting Deadline

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Illinois attorneys must complete a minimum of thirty 30 CLE credit hours each two year compliance period in order to complete the IL MCLE requirement. Your compliance and reporting period depends on the first letter of your last name as it appears on the master roll of attorneys with ARDC (Attorney Registration and Discipline Committee). Those Illinois attorneys with the last names N-Z should have completed their Illinois MCLE requirement by June 30, 2015.

Illinois MCLE Compliance & Reporting Requirements

  • Reporting Cycle: 2 years
  • Credit Hours: 30
  • Compliance Deadline: June 30
  • Late Reporting Deadline: September 30

Attorneys with last names N-Z who did not report IL MCLE compliance by the July 31 have a grace period until September 30 to complete the required 30 credit hours.[1] In late August, the IL MCLE Board will mail a Notice of Non-Compliance to those Illinois attorneys that are not exempt from the IL MCLE requirement. The attorney then must complete the necessary IL CLE hours, report IL MCLE compliance and pay the late fee by September 30. Please note that not receiving the paper form does not excuse failure to report by September 30. The Illinois MCLE Rules state that not receiving a certification form is not an excuse for failure to report.

Illinois attorneys who do not report by the July 31 deadline automatically receive a 61 day grace period until September 30 to report the required IL CLE. There is a fine for not reporting on time.

Attorneys licensed to practice in Illinois may satisfy all 30 IL CLE credit hours by completing online on-demand CLE courses. Attorney Credits is an Accredited Provider of CLE in Illinois and all of our Illinois CLE courses are presumptively pre-approved by the IL MCLE Board. To access more information about the Illinois MCLE requirements please click the following link: IL CLE.

[1] However, you will incur a higher late fee for not reporting on time. The MCLE Board cannot waive late fees because they are set by the Supreme Court.

NY CLE: Does the New York CLE Board keep a record of my CLE activities?

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“Experienced” attorneys in New York must complete a minimum of twenty-four (24) CLE credit hours during each two-year reporting cycle to fulfill the NY CLE requirement. As part of the NY CLE requirement, New York attorneys must also report their NY CLE compliance.

NY CLE Requirements — Experienced Attorneys

  • CLE Required: 24
  • Reporting Cycle: 2 years
  • Compliance Deadline: Date of Birth
  • Reporting Deadline: 30 days after birthday

Please note that the New York CLE Board does not keep a record of your CLE activities. New York is a self-reporting CLE state and all New York attorneys must report their own CLE compliance with the NY CLE requirements. Certificates of Completion and other supporting CLE documentation must be retained by New York attorneys for at least four (4) years from the date of the completion of the CLE course.

In order to report your New York CLE compliance, the New York CLE Board will mail you an attorney registration form.

In order to report your NY CLE compliance, you must file your attorney registration form and indicate that you have completed your MCLE requirement within 30 days after your birthday on alternate years. At the time of your biennial registration, you must certify that you have completed your MCLE requirement for that reporting cycle and that you have retained the proper supporting documentation. For more information about New York CLE please click here: NY CLE.

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CA MCLE: Group 1 Reporting Deadline is 2/1/16

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The deadline for Group 1 attorneys to report their CA MCLE compliance is February 1, 2016. Those California attorneys with last names A-G are in Compliance Group 1. The compliance period for Group 1 attorneys runs from 2/1/13 to 1/31/16.

CA MCLE Compliance Group 1 (A-G)

  • Compliance Period: 2/1/13 – 1/31/16
  • Reporting Deadline: 2/1/2016

Starting December 1, the State Bar of California advises Group 1 attorneys to report their MCLE compliance online through My State Bar Profile on the Cal Bar website. According to the State Bar of California the benefits of reporting your CA MCLE compliance electronically through My State Bar Profile include real-time reporting to the Cal Bar database with an instant confirmation sent via email.

Except in the case of an MCLE audit conducted by the MCLE Department, a California attorney is not required to send in any MCLE related documentation such as certificates unless specifically requested by the State Bar.

California attorneys are not required to send in any MCLE certificates or documents unless directed to by the State Bar of California. California attorneys are only required to report their overall MCLE compliance once they have completed the 25 required hours. However, in the event that your MCLE compliance is audited, you will be required to maintain sufficient proof of compliance with the education requirement or exemption for at least one year from the date that you report compliance.  For more information about CLE in California please click the following link: CA CLE.

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Now Offering CLE for Wyoming Attorneys!

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In our effort to provide as many attorneys around the country with a convenient way to complete their mandatory CLE requirement we now offer online on-demand CLE courses for attorneys licensed to practice in Wyoming! Wyoming attorneys must complete fifteen (15) credit hours of WY CLE activities each year, including 2 mandatory hours of legal ethics.

Wyoming CLE Compliance & Reporting

  • Reporting Cycle: Annual
  • Required Credits: 15
  • Compliance Deadline: December 31
  • Reporting Deadline: January 15

Wyoming attorneys may satisfy up to six (6) CLE credit hours each annual compliance period through Attorney Credits’ online and downloadable Wyoming CLE courses. You must complete your required Wyoming CLE hours no later than December 31 and report by January 15. You must submit a written report to the Wyoming CLE Board for each WY CLE activity that you would like to claim CLE credit for.[1]

Wyoming attorneys may satisfy up to six (6) of their CLE requirements through online and downloadable on-demand courses.

Our pre-selected one-click Wyoming Bundles are the quickest way to get started on your WY CLE requirement. You may also Build Your Own Wyoming CLE Bundle, select individual WY CLE courses, or choose Unlimited CLE for 1 full year. For more information about CLE in Wyoming please click here: WY CLE.

[1] The Wyoming State Bar does maintain a file of the CLE credit hours that you complete and report.

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CLE Course on Common Issues in Boundary Law Disputes

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Cases involving property boundaries can be emotionally charged because they tend to involve people’s homes – a place of sanctity where we shelter ourselves and raise our families. To complicate the problem, the boundary lines of a person’s property are invisible and people often make assumptions – sometimes incorrect – about the limits of the boundaries of their property. In addition, trees, roads & driveways and water from one property will often intrude on other people’s property causing litigation amongst neighbors.

This is an area of law that is vey interesting because sometimes you feel like you’re wearing two hats – one a as lawyer and one as a psychologist. This is because there is a range of emotions that pervade these cases.

To learn more about the common issues that arise in boundary law disputes, please join attorney Jerry Hemme as he discusses what happens when trees and other objects encroach on another property or when boundary lines are incorrectly drawn. The main topics addressed include common boundary issues, applicable insurance, alternative dispute resolution, understanding the dispute and the litigation of boundary disputes. To access the course, please click here: Practical Issues in Boundary Law Disputes.

Further subjects presented in this CLE course include:

  • Common encroachers
  • Trees, roads & driveways
  • Water intrusion
  • Damages
  • Homeowners & Title insurance
  • Reasons for avoiding
  • Litigation
  • Site inspection
  • Building inspection records
  • Photographs & surveys
  • Pre-litigation
  • Causes of action
  • Key defenses
  • Trial tips

Jerry D. Hemme is the managing partner and one of the founders of the San Diego landlord/tenant law firm Goode, Hemme, & Peterson. Mr. Hemme’s real estate law experience includes extensive work with boundary law issues involving easements, encroachments, trees, fences and water intrusions. These cases have many unique factors that must be considered to achieve the appropriate result. Mr. Hemme is a member of the California State Bar, the United States District Courts for the Southern, Northern, Central and Eastern Districts of California, the Northern District of Texas and the District of Arizona. Mr. Hemme obtained his Juris Doctorate degree from the University of San Diego School of Law in 1981. He has served as panel counsel for a major insurance company. When not practicing law, he enjoys time with his family, travel, scuba diving, skiing and woodworking.

This CLE course is currently 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 York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (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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CLE Course: Construction Defect Litigation from the Plaintiff Perspective

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This CLE course presents a series of case studies in successful planning, analysis and execution of expert work on behalf of plaintiff real property owners. Construction defect litigation can be expensive, confusing and long process… but it doesn’t have to be.

Through this CLE presentation, Pete Fowler Construction Services (PFCS) will break down the process from the expert witness point of view and provide approaches and alternatives that add value to property owners involved in construction defect litigation.

This program will walk you through the process, standards and reasoning for inspection, analysis, testing, reporting, specifying repairs and estimating costs of the repair work. The main topics discussed by experts Pete Fowler & Paul Viau include the beginning of the process, inspection & evaluation, analysis & estimate, testing and reports & possible further work. To access the course, please click here: Construction Defect Litigation from the Plaintiff Perspective.

Attorneys that take this course will learn about:

  • Building performance analysis standards
  • The various strategies for approaching construction defect cases from the plaintiff’s perspective
  • The beginning-to-end process for handling construction defect litigation
  • Real-life case studies applying various approaches to construction defect litigation matters
  • Examples of good work

Pete Fowler is the founder of a construction consultancy serving the Western U.S from California, Oregon and Colorado offices. Pete has experience with successful expert witness testimony, including Federal Court. In addition to a B.S. in Construction Management, Pete is a general contractor, professional cost estimator, has published articles in national magazines and has been invited to speak by the most important groups in the construction industry. Paul Viau specializes in the utilization of advanced alternative dispute resolution (ADR) programs to achieve timely and cost effective resolution of complex construction claims. Paul’s industry experience includes project management, construction management, construction consulting, forensic investigations, multi-family projects and commercial & industrial facilities.

This CLE course is currently 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)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (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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CLE Course on “Re-engineering” the Patent Process

screen-capture-3Over the years, the conventional patent process has become highly inefficient. This often results in low quality patents being filed and significant money being lost by the applicant. And while a record number of patents are being issued – over a quarter million were issued last year – many of those patents will not generate a dime of revenue. There is, however, a better way for patent counsel and key decision makers to approach every patent that is pursued.

Patents are legal instruments that can be highly coveted and valuable business assets.

The 7 Step Strategic Patent Assessment takes a huge leap forward to renovate and sharpen the patent process. In this CLE course, patent attorney and former design engineer Craige Thompson teaches you a different way to look at the patent application process to maximize value for your clients. Craige provides a case example of a patent prosecution using a hypothetical invention and primarily addresses the lifetime costs & the value potential of patents, a typical patent prosecution, the patent decision problem, the 7 step strategic patent assessment and 4 new ways to win. To access the course, please click here: Patents: Re-engineering the Process to Get More Valuable Patents.

Additional topics that Craige discusses include:

  • The benefits of this new process
  • Focusing on the point of novelty
  • “Everything you say will be used against you”
  • Minimizing the number of office actions
  • The 4 core mistakes
  • The lifetime of a patent
  • Conventional prosecution value
  • What investors want
  • Benefits to the decision makers
  • The goldilocks investment rules
  • How the 7 Step SPA pays or itself
  • Solving the 4 core mistakes

A professional design engineer and accomplished patent attorney, Craige Thompson is president of Thompson Patent Law Offices, PC in Minneapolis, Minnesota, as well as Austin, Texas. Craige has substantial experience in patent licensing, prior art searching, due diligence, prosecution, opinion, reexamination, and litigation. He has handled cases that involve complex technologies that range from electrical engineering to mechanical engineering, software, and medical devices. Craige has enjoyed particular success in protecting and licensing clients’ complex green technologies that radically improve energy efficiency. He is admitted to the bar in the states of Wisconsin, Minnesota, and the U.S. District Courts for the Western District of Wisconsin and the District of Minnesota and is registered to practice before the United States Patent and Trademark Office.

This CLE course is currently 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 York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (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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CLE Course on Pregnancy Discrimination

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It is essential that employers now understand the rapidly evolving area of pregnancy discrimination in the workplace, especially with the Supreme Court’s recent ruling in Young vs. UPS.[1] Essentially, an employer may not discriminate against an employee on the basis of pregnancy, childbirth or related medical condition.

Under federal law, women affected by pregnancy, childbirth or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work.

To learn more about pregnancy discrimination in the workplace, join employment law attorney Alix Rubin as she details the Pregnancy Discrimination Act and other related leave of absence laws that affect employers and also employees. The main topics of discussion in this CLE course include the Federal Pregnancy Discrimination Act (“PDA”), Young v. United Parcel Service, Inc. 135 S.Ct. 1338 (2015), the Federal Family and Medical Leave Act (“FMLA”), New Jersey laws, the Americans with Disabilities Act (ADA) and key takeaways for employers. To access the course please click here: The Leave Of Absence Decathlon.

Additional topics covered in this CLE course:

  • States/cities with comparable pregnancy accommodation laws
  • The New Jersey Family Leave Act
  • The New Jersey Security and Financial Empowerment Act (“SAFE”) Act
  • The New Jersey Temporary Disability Law
  • Physical presence & essential function
  • Reasonable accommodation
  • What constitutes an undue hardship
  • The New York City Earned Sick Time Act (“ESTA”)

Alix R. Rubin founded Rubin Employment Law in 2010. The firm’s goal is to help its clients resolve their disputes cost effectively and with as little disruption to their businesses, and lives, as possible. She began her legal career as a general litigator and soon incorporated employment law into her practice and has focused on it almost exclusively in recent years. A former member of a New Jersey District Ethics Committee, she currently serves on the Board of Trustees of Volunteer Lawyers for Justice and as a director of the Wharton Alumni Club of New Jersey. Alix is admitted to the bar in New Jersey, New York and Pennsylvania.

This CLE course is currently 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 York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New Jersey and around the country. For more information about CLE in New Jersey please click the following link: NJ CLE.

[1] Young v. United Parcel Service, Inc. 135 S.Ct. 1338 (2015)

See: http://www.supremecourt.gov/opinions/14pdf/12-1226_k5fl.pdf

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