CLE Course on Legal Ethics and Evolving Technology

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Are you required to keep hard copies of all your blog posts? Can you ethically post the big verdict from your trial on your website? Can you counsel clients to remove embarrassing photos from their Facebook page two weeks before trial? What if your friend endorses you for Maritime Law on LinkedIn… but you’re a family law attorney?

Twitter, Snapchat, Instagram… every new day seems to bring a new social media website and a new electronic fad. How can attorneys harness these new technologies in their legal practice without running afoul of the ethical rules?

It is now your ethical duty to be competent when using new digital technologies. Email and Facebook are not going away – they are now a part of your legal practice. However, as these new technologies evolve so rapidly, the ethics rules struggle to keep up. In this CLE course, attorney Ed McIntyre provides a practical discussion of your evolving ethical duties in light of emerging technologies. The main ethical issues discussed include: communicating electronically with clients, the ethics of cybersleuthing and counseling clients to delete information from social media accounts. To access the course please click here: What Me Worry? Professional Responsibility, Evolving Technology and Why I Might.

Additional subjects covered in this legal ethics course:

  • The ABA Model Rules
  • California Rules of Professional Conduct
  • The Duty of Competence
  • The Duty of Confidentiality
  • The Duty of Communication
  • The legal advertising rules
  • Ethical issues associated with websites
  • Blogs & twitter
  • Disclaimers
  • Confidentiality & social media
  • Website submissions & the attorney-client relationship
  • Friending parties & individuals involved in litigation
  • The no contact rule
  • Suppression of evidence
  • The ethics of LinkedIn endorsements

A veteran trial attorney, Edward J. McIntyre practices complex business litigation in federal and state courts. An expert on the topic of professional responsibility, he also now advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence issues. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.

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 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 Conflicts of Interest in an Increasingly Complex World

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In our increasingly complex and intertwined legal and business world, ethically navigating through the conflicts of interest rules can give you headaches and leave you confused and befuddled. Unfortunately, failing to spot or address a potential conflict of interest could even lead to disqualification, disgorgement… or even a malpractice lawsuit.

Attorneys who believe that violations of ethics rules may only be used against them in a disciplinary proceeding are, unfortunately, mistaken. Among the courts that have addressed this issue, the overwhelming majority have held that evidence of an ethics violation is admissible in an action for breach of fiduciary duty or professional negligence.

To learn more about the practical application of the conflicts of interest rules, join attorney Edward J. McIntyre as he shows you how to approach and analyze conflicts of interest by highlighting key ethical issues from a series of recent case examples. The main topics that Mr. McIntyre covers includes ethics & risk mitigation, conflicts between current clients, conflicts in successive representation, conflicts based on an attorney’s personal interests and conflicts based on the receipt of confidential information outside of the attorney-client relationship. To access the course please click here: What Me Worry? Conflicts of Interest in a Multijurisdictional and Increasingly Complex World.

Further topics discussed include:

  • The ABA Conflicts of Interest Rules
  • Model Rules 1.7
  • Model Rule 1.9
  • Model Rule 1.18
  • California Rule of Professional Conduct 3-310
  • Actual vs. potential conflicts
  • Where conflicts arise
  • The standard of care
  • Breach of fiduciary duty
  • The duty of loyalty
  • Conflict checks & advance waivers
  • Informed written consent & written disclosure
  • Possible consequences of rules violations
  • Disqualification vs. discipline
  • Conflicts-check systems
  • Joint/dual representation

A veteran trial attorney, Edward J. McIntyre practices complex business litigation in federal and state courts. An expert on the topic of professional responsibility, he now focuses on advising and representing attorneys on issues of professional responsibility, risk mitigation and professional negligence issues. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.

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 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 on Independent Filmmaking Law

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When independent filmmaking projects go wrong, many problems could have been prevented by proper planning from a legal standpoint at the outset of the project.  As an entertainment attorney, you almost have to act as a quasi-production coordinator and account for your client’s risk from concept to distribution.

The Scenario

Your client decides to write and produce a screenplay with a team of friends. You start talking about contracts and insurance… but your client doesn’t want to hear about it, all that legal mumbo-jumbo just dampens the creative process. Everyone is so excited to make the next Oscar winning movie they jump right into drafting the screenplay and filming the movie. On the first day of filming, two of the actors don’t show up. You also confirm that your client failed to purchase insurance – which means they can’t rent any equipment to produce the film. Oh, and the script is called “Every Day Outside is Sunny” and it’s raining outside every single day. After four days of “filming,” the money dries up and the project is dead. A year later some of your client’s video footage shows up on America’s Funniest Home Videos and a television commercial for a Pepsi.

In this Entertainment Law CLE course, actor, producer, director, writer and entertainment law attorney Monroe Mann mainly discusses the risks associated with the development stage, the legal pitfalls of pre-production & production and the key legal issues to address in the distribution phase.  To access the course please click here: Independent Filmmaking Law: A Risky Business (That Does Not Have to Be).

Monroe mainly discusses the following legal pitfalls:

  • The five phases of production
  • Conflicts of interest
  • Treatments
  • WGA vs. copyright registration
  • Funding the project
  • The budget
  • Scheduling
  • Cast & crew
  • Planning the project
  • Shooting the film
  • Replanning
  • Production pitfalls
  • Editing
  • Marketing
  • Distribution
  • Accounting

Monroe Mann is an actor, producer, director, writer, musician, entertainment law attorney and much, much more. Fluent in French, Italian and Chinese, Monroe graduated from Franklin College, Switzerland, with a degree in International Economics and French. Monroe received his J.D. degree from Pace Law School, his MBA in financial management from Lubin School of Business and a certificate in financial planning from Boston University/Boston Institute of Finance. He wrote, produced and starred in the 2012 film You Can’t Kill Stephen King, and he has authored such books as Time Zen: Aka Winners Do It Now, Guerrilla Networking: A Proven Battle Plan to Attract the Very People You Want to Meet and To Benning & Back – The Making of a Citizen Soldier. Monroe also served as an Intelligence Officer for the United States Army for 8 years in Kuwait and Iraq.

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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Reporting TX CLE Compliance: The Annual Verification Report

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The Texas MCLE compliance year is a one-year period that begins on the first day of the month you were born and ends one year later on the last day of the month that precedes the month of your birth. Texas attorneys must complete and report 15 hours each year.[1]

The Annual Verification Report[2]

In order to report compliance, your annual Texas MCLE Verification Report will be mailed to you eight weeks before your month of birth. If you have not completed or reported the required 15 hours by the last day of your compliance year, a reminder notice will be emailed and mailed to you at the beginning of your birth month (the grace period). You must cure your CLE deficiency.

Timely CLE Reporting requires that all TX CLE hours be received by the Texas MCLE Director by the last day of your birth month. Since Texas is a self-reporting CLE state, it is your responsibility to make sure your mandatory Texas CLE hours are accurately and timely reported. Failure to timely report your TX CLE credit hours could result in a non-compliance penalty of $100, $200, or $300. For more information about Texas CLE, please click here: TX CLE.

[1] Please note that every Texas attorney has an automatic grace period to complete and report mandatory TX CLE hours for the TX CLE compliance year.

[2] If the report indicates that you have completed the requisite number of TX CLE hours, then you don’t have to take any further action.

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Illinois MCLE: When is My IL MCLE Deadline?

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Illinois attorneys must complete the IL MCLE requirement and report compliance every two years. The Illinois MCLE reporting period lasts two years and runs from July 1 to June 30. Illinois attorneys with last names that start with A-M must report by July 31 in EVEN numbered years. Illinois attorneys with last names N-Z must report by July 31 in ODD numbered years.[1]

IL MCLE Compliance Deadline

  • Last name A – M
    • June 30, 2016
  • Last name N – Z
    • June 30, 2017

Attorney Credits offers practical, informative continuing legal education (CLE) for attorneys in Illinois (IL) and around the country. For more information about continuing legal education (CLE) in Illinois, please click the following link: IL CLE.

[1] What is a two year reporting period?

http://mcle.custhelp.com/app/answers/detail/a_id/391/~/what-is-a-two-year-reporting-period%3F

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NY CLE: 24 Online New York CLE Hours

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New York attorneys that have been admitted to the New York State Bar Association for more than two years are considered to be “experienced” attorneys. Experienced attorneys in New York must complete at least 24 New York CLE credit hours each two-year reporting cycle. A minimum of 4 credit hours must be in the area of Ethics and Professionalism and the remaining CLE hours can be in any category of credit.[1]

Acceptable NY CLE Formats:

  • Audio recordings
  • Video recordings
  • Online courses

Experienced New York attorneys can complete all 24 CLE hours in nontraditional formats – such as online, downloadable and CD CLE courses. Attorney Credits is an Accredited Provider of CLE in New York and we offer practical, informative online CLE programming for New York attorneys.[2] For more information about CLE in New York please click the following link: NY CLE.

[1] Skills, Areas of Professional Practice and Law Practice Management.

[2] All of our online, downloadable and CD course formats have been accredited by the New York CLE Board.

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Lights, Camera… Lawsuit —- Entertainment Law CLE

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Actors, entertainers and entrepreneurs are extremely creative, emotional and passionate about their projects and what they create. They are quirky, often different… some of you would even go as far as calling them weird. But because of their energy, passion and drive to create, actors & entertainers frequently dive into projects without considering even the most basic legal concerns. And that’s where you come in.

You have to think of a feature film as one big contract.

As an entertainment attorney, it’s your job to ensure that your client is adequately protected from a contractual standpoint so that they enjoy the fruit of their hard work, ideas and creations. In this spirited presentation filmed at Arthur Seleen Theatre in Times Square, entertainer and attorney Monroe Mann details the top ten entertainment contract mistakes that you need to help your clients avoid. To access the course please click here: Make an Offer They Can’t Refuse: 10 Entertainment Contract Mistakes to Avoid.

Monroe mainly discusses the following contractual pitfalls:

  • Failing to be specific
  • Vague sentences
  • Failing to account for great success
  • Failing to account for great failure
  • Using legalese
  • Awkward language
  • Failing to consider all possible legal issues
  • Not getting it in writing
  • Losing your only copy of the contract
  • Reading the contract only from your client’s vantage point
  • Letting you or your client screw the deal by being too nitpicky

Monroe Mann is an actor, producer, director, writer, musician, entertainment law attorney… and much, much more. Fluent in Italian, French and Chinese, Monroe graduated from Franklin College, Switzerland, with a degree in International Economics and French. Monroe received his J.D. from Pace Law School, his MBA in financial management from Lubin School of Business and a certificate in financial planning from Boston University/Boston Institute of Finance. He wrote, produced and starred in the 2012 film You Can’t Kill Stephen King. In addition, he has authored such books as Time Zen: Aka Winners Do It Now, Guerrilla Networking: A Proven Battle Plan to Attract the Very People You Want to Meet and To Benning & Back – The Making of a Citizen Soldier. Monroe also served as an Intelligence Officer for the United States Army for 8 years in Kuwait and Iraq.

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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CLE: Preventing and Defending Malpractice for the Small Firm Attorney

An attorney’s job is to counsel clients to avoid getting sued. Unfortunately, when things go bad or legal fees start climbing too high, the attorney is the one that ends up on the wrong side of the lawsuit – a legal malpractice lawsuit.[1]

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In this presentation, attorney Howard J. Franco focuses on how the small firm practitioner can retain and maintain good client relationships while minimizing the risk of legal malpractice. The main topics discussed by Mr. Franco include retainer agreements, pre-claim issues, malpractice litigation, damages and insurance. To access the course please click here: Preventing and Defending Malpractice for the Small Firm Attorney.

Further topics addressed:

  • Common sense clauses to include in the retainer agreement
  • Communicating the scope of work
  • Scope creep
  • The pros & cons of alternative dispute resolution
  • Mediation clauses
  • Requests for the file from the client
  • Subpoenas of records
  • Statutes of limitation
  • Figuring out who’s the client
  • The case within the case doctrine

Howard J. Franco has practiced law for over thirty years. In addition to product liability and medical technology practice, Mr. Franco also represents professionals including architects, engineers, surveyors, brokers, attorneys and other professional license holders. He represents both insured and self-insured private and public entities in civil litigation, in addition to policyholders and insurers in insurance litigation. A Certified Legal Malpractice Law Specialist by the State Bar of California Board of Legal Specialization, Mr. Franco is AV-Pre-eminent Rated by Martindale Hubbell TM.

This CLE course is offered in the following states:

  • 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.

[1] Image found on ABA Law Practice website: http://www.americanbar.org/publications/law_practice_home/law_practice_archive/lpm_magazine_webonly_webonly07101.html

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CA CLE: California MCLE Late Deadline is June 30

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If you are a California attorney whose last name starts with A-G (Group 3) and you have not yet completed your CA MCLE requirement, you are late with your required CA CLE compliance. Don’t fret, there is good news. If you comply with your CA MCLE requirement by June 30, you only have to pay a $75 late fee.[1]

Extensions of Time

  • If you can comply with the CA CLE requirement by June 30, there is no need to request an extension of time with the State Bar of California. A late fee of $75 will be assessed if you have not reported your compliance by February 1, and you must complete the 25 required CLE hours.

Please remember to properly and fully complete your California CLE requirement. You must complete the proper amount of bias, competence issues and ethics hours and make sure that you don’t exceed 12.5 credit hours of self-study credit. For more information about the California MCLE requirement please click the following link: CA CLE.[2]

[1] If you comply by June 30th there is no suspension, there is no make up plan, there is no disbarment. You must simply comply with your CA MCLE requirement by June 30 and pay the $75 late fee.

[2] The Cal Bar has greatly increased the amount of annual MCLE audits and the penalty for trying to deceive the Bar has been disbarment some cases. Most importantly, don’t try to lie or deceive the State Bar of California.

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NV CLE: The Annual Nevada CLE Compliance Report

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Nevada attorneys must complete a minimum of twelve (12) CLE credit hours each annual NV CLE compliance period.  In order to properly fulfill the 12 credit hour Nevada CLE requirement, Nevada attorneys must complete at least two (2) credit hours of legal ethics every year – and one (1) hour of substance abuse every three years.

Nevada CLE Report

  • The annual compliance report must be submitted to the Nevada CLE Board before March 1.

Nevada attorneys must report their own Nevada CLE compliance by completing the annual report.[1] The Nevada CLE Board will mail you an annual report by January 15 that will list all your NV CLE credits earned from the previous year.[2] The annual compliance report must be completed, verified, and submitted to the Nevada CLE Board before March 1. The NV CLE Board may periodically require you to produce independent verification of compliance.  To access more information about Nevada CLE please click here: NV CLE.

[1] This report is mailed by the Nevada Board of Continuing Legal Education.

[2] You should retain your CLE records verifying compliance with the NV CLE Rules for a period of three (3) years. Attorneys should maintain and use Certificates of Completion issued by Attorney Credits in order to verify compliance.

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