Sexual Harassment Awareness and Prevention for Lawyers

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There are various reasons to prevent sexual harassment in the legal workplace. It’s not just the right thing to do – sexual harassment is unethical and illegal. With a little knowledge you can avoid costly and damaging lawsuits and financial cost to your firm and yourself. Further, promoting a healthy legal workplace that is free of discrimination maintains good workplace morale and enhances your law firm’s reputation.

Being aware and preventing sexual harassment in the legal workplace can help you to avoid discipline and to keep your job.

To learn more about creating a legal and healthy work environment please join attorney Alisa Shorago as she provides a practical and lively discussion on sexual harassment awareness and prevention for attorneys. Mrs. Shorago will discuss reasons to prevent sexual harassment, define sexual harassment under the law, identify examples of sexual harassment, discuss some of the ethical rules regarding sexual conduct/relationships, discuss ways of preventing harassment in the legal workplace including anti-harassment policies and help to determine the boundaries of appropriate behavior. To access the course click here: Sexual Harassment Awareness and Prevention for Lawyers.

Further topics addressed in this CLE course include:

  • State & federal harassment laws
  • The definition of workplace harassment
  • Theories of harassment
  • Attorneys behaving badly
  • Organizational liability
  • Prompt & effective action
  • Remedies, specific rules for attorneys
  • Sexual relations with clients
  • Governing behavior in the legal system
  • How to prevent & deal with harassment
  • Key aspects of an anti-harassment policy
  • “Staying in the Green”
  • Appropriate workplace behavior and further guidelines

Alisa Shorago is an accomplished trainer, providing seminars in legal writing, business writing, workplace professionalism and sexual harassment prevention. She has also practiced law for over 15 years with a focus on litigation and has clerked for state appellate and federal trial courts. In addition, she is a legal writing columnist for the San Diego County Bar Association, as well as a past board member of California Women Lawyers, Lawyers Club of San Diego and the San Diego chapter of the American Society for Training and Development.

This CLE course on the legal and tax implications of cause marketing is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA) — Elimination of Bias credit
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country.  This course on Sexual Discrimination qualifies for Elimination of Bias credit in California.  For more information about CLE in California please click the following link: CA CLE.

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Illinois CLE: MCLE Compliance Groups

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Attorneys that are licensed to practice law in Illinois must complete a minimum of thirty (30) IL CLE credit hours every two years in order to fulfill the IL MCLE requirement. As part of the 30 credit hour IL CLE requirement a minimum of six (6) credit hours must completed in the area of Professional Responsibility.

Illinois MCLE Compliance Requirements:

  • Reporting Cycle: 2 years
  • Credit Hours: 30
  • Compliance Deadline: June 30
  • Reporting Deadline: July 31

The Illinois CLE reporting period depends on the first letter of your last name as it appears on the master roll of attorneys with the ARDC (Attorney Discipline and Registration Committee). If your last name begins with A-M, your two-year Illinois CLE compliance period begins July 1 of EVEN numbered years. If your last name begins with N-Z, your two-year Illinois CLE compliance period begins July 1 of ODD numbered years.

Illinois MCLE Reporting Periods:

  • Last names A – M: July 1, 2014 to June 30, 2016
  • Last names N – Z: July 1, 2013 to June 30, 2015

Attorneys licensed to practice in Illinois and subject to the IL MCLE requirement 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 Illinois MCLE Board. To access more information about the Illinois MCLE requirements, deadlines and IL CLE compliance packages, please click the following link: IL CLE.

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New York CLE Compliance Groups

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Experienced New York attorneys must complete 24 credit hours every 2 year compliance period, including 4 credit hours of legal ethics. In order to report your New York CLE compliance an attorney registration form will be mailed to you by the NY CLE Board. You must file your attorney registration form and complete your NY CLE requirement within 30 days after your birthday on alternate years in order to timely complete your NY CLE reporting obligations.

New York CLE Compliance & Reporting Requirements

  • Reporting Cycle: 2 years
  • Compliance Deadline: Birth date
  • Reporting Deadline: 30 days after your birthday

Essentially, New York attorneys report their NY CLE compliance when they file the attorney registration card. If you were admitted to the New York State Bar Association before January 1, 1982 – or in an even-numbered year – then you will register in even-numbered years. If you were admitted New York State Bar Association in an odd-numbered year after 1982, then you will register in odd-numbered years. At the time of the biennial registration, all New York attorneys must certify that they have completed their NY CLE requirement for that reporting cycle and that the proper documentation has been retained.[1]

New York CLE Compliance Groups

  • Admitted BEFORE 1/1/82 OR in an even-numbered year – register in EVEN-numbered years.
  • Admitted in an odd-numbered year AFTER 1982 – register in ODD-numbered years.

Attorney Credits is an Accredited Sponsor of CLE in New York. We have helped hundreds of New York attorneys complete thousands of NY CLE credit hours through the AttorneyCredits.com website. For more information about New York CLE, please click the following link: NY CLE.

[1] When you register, if you have completed your required NY CLE credits but have not received all of your certificates for the CLE courses, you may indicate on the relevant sentence on the attorney registration form to indicate that you are “awaiting documentation” of your compliance.

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New Hampshire Amends MCLE Regulations

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New Hampshire recently made some changes to Supreme Court Rule 53 and the New Hampshire MCLE (minimum continuing legal education) requirement. Most notable, like the CLE system in Arizona, the state of New Hampshire will no longer be certifying CLE courses or providers. New Hampshire attorneys must now review the NH MCLE Regulations and self-determine if a CLE program is eligible for NHMCLE credit.

New Hampshire CLE Compliance & Reporting Requirements

  • Reporting Cycle: Annual
  • Compliance Deadline: June 30
  • Reporting Deadline: June 30

In addition, New Hampshire Bar Association members must now self-report their CLE compliance using an online tool that will soon be available on the New Hampshire Bar Association website.[1] This new member-centered CLE reporting system is being implemented as part of the New Hampshire Bar’s administration of NH Supreme Court Rule 53. For more information on the rule please click here: NH CLE.

For continuing education programs taken on July 1 or after: New Hampshire attorneys will self-determine if a program is eligible for NHMCLE credit and will report eligible activity using an online tool available soon.

While the New Hampshire MCLE Board does not approve or accredit CLE providers or CLE programs, many providers and sponsors routinely meet the standards of the New Hampshire MCLE Regulations. Attorney Credits is an Approved Provider of Continuing Legal Education in a number of jurisdictions across the country – including California, New York, New Jersey and Texas – and thousands of attorneys across the country have completed tens of thousands of CLE courses through our CLE website. In order to assist New Hampshire attorneys with their MCLE compliance Attorney Credits now offers CLE courses for New Hampshire attorneys: NH CLE.

[1] For courses completed after 7/1/2014. For continuing education programs taken before July 1, 2014, refer to your credit report mailed September 4, 2014.

http://www.nhbar.org/NHMCLE/

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CLE Course on Cause Marketing: Special Rules For Corporations and For Charities

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While TOMS was not the first company to utilize cause marketing, the success that TOMS has enjoyed with its One for One business model has made it synonymous with this new wave of corporate philanthropy. If you have not yet heard of TOMS, you will be amazed at what this (for-profit) company has accomplished around the world in a very short period of time. Since 2006, TOMS has put over 10 million pairs of shoes on children’s feet in over 60 countries. And since 2011, TOMS has restored sight to over 200,000 individuals.

TOMS Shoes has done all of this global charity while still being a for-profit company and it has generated millions of dollars in revenue since its inception.

If you want to learn more about the legal and tax implications of cause marketing by corporations and nonprofits, then join Los Angeles attorney Kent Seton as he discusses the rules and regulations that affect corporations and charities. The main topics discussed by Mr. Seton include the recent increase in cause marketing, the fundamentals, cause marketing rules & regulations, commercial co-venture agreements and common mistakes. To access this course please click here: Cause Marketing: Special Rules and Regulations For Corporations and For Charities.

Additional subjects addressed include:

  • The benefits of corporate philanthropy
  • Examples of cause marketing
  • Unrelated business income tax (UBIT)
  • Changes to corporate statutes
  • The director’s fiduciary duty owed to the corporation
  • Corporate foundations
  • The reasons that companies utilize cause marketing
  • Section 512 & 513 of the Internal Revenue Code
  • Activities related to the tax exempt purpose of the organization
  • Activities regularly & continuously carried on by the nonprofit
  • The distinction between corporate sponsors
  • State rules regarding cause marketing
  • The rules regarding commercial co-venturers

A former collegiate All-American tennis player at the University of Southern California, Kent E. Seton has spent the last 14 years of his legal career involved in representing charities, foundations and corporations in all aspects of their legal existence. Kent’s experience covers a broad array of philanthropy legal considerations. Kent also has extensive experience in representing business start-ups and established corporations in all types of matters including entity and jurisdiction selection, shareholder agreements, operating agreements and other corporate matters. Seton Law Firm is located in Beverly Hills, California, with a satellite office in Irvine, California.

This CLE course on the legal and tax implications of cause marketing is currently accredited 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)
  • 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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California Attorneys with Last Names H-M: CA MCLE Compliance Date is 2/2/15

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For California attorneys with the last names H-M it’s almost that time again. Time to get your CA MCLE requirement done! The compliance deadline for California attorneys with last names H-M is February 2, 2015.[1]

California MCLE Compliance Groups

  • Group 1 (A-G) Period: 2/1/2013 – 1/31/2013 Deadline 2/1/2016
  • Group 2 (H-M) Period: 2/1/2012 – 1/31/2015 Deadline 2/1/2015
  • Group 3 (N-Z) Period: 2/1/2014 – 1/31/2014 Deadline 2/1/2017

Members of the State Bar of California are assigned to a compliance group only once. Once you are assigned to a compliance group, you will always remain in that same CA MCLE compliance group – even if your last name changes. California attorneys admitted to the State Bar of California on or before February 1, 1992, were assigned to a compliance group based on the first letter of their last name as listed on their Bar records.[2] Those California attorneys admitted after February 1, 1992 are assigned to a compliance group based on the first letter of the last name listed on their admit cards.[3]

All California attorneys (except those on voluntary Inactive status) report CA MCLE compliance by submitting a statement of MCLE compliance to the State Bar of California. CA MCLE compliance may be reported online through My State Bar Profile.

California attorneys must complete 25 total CA CLE credit hours each three-year compliance period. Of the 25 required credit hours, you must complete 4 credit hours of Legal Ethics, 1 credit hour of Substance Abuse and 1 credit hour of Elimination of Bias. And at least 12.5 credit hours must be considered participatory CA CLE credit. For more information about the mandatory CA CLE requirement please click here: CA CLE.

[1] The compliance period runs from 2/1/12 – 1/31/15.

[2] As listed on their official State Bar records, effective Feb. 1, 1992 (the beginning of the CA MCLE program).

[3] Admit cards are filled out when you are sworn in as a member of the State Bar of California.

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CLE Course: Bankruptcy Basics for the Non-Bankruptcy Lawyer

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With the recent downturn in the economy and the resulting depressed housing market, many individuals have turned to bankruptcy for a possible fresh start. Bankruptcy law also frequently intersects with other areas of commercial law and attorneys from various practice areas are often called upon to assist clients that are impacted by actual or potential insolvency issues.

Attorneys need to know enough about bankruptcy and reorganization issues to ask clients the right questions and to help them get assistance in their bankruptcy matters where it is appropriate.

If you need to brush up on your bankruptcy basics then join Ed Hays and Richard Marshack for a thorough and practical overview of key bankruptcy principles. The course begins by walking through the commencement of the bankruptcy case, presents key bankruptcy issues that you should be aware of to assist clients and then Mr. Hays and Mr. Marshack discuss the mechanics of the bankruptcy case. To access the course please click here: Bankruptcy Basics for the Non-Bankruptcy Lawyer.

The main issues discussed include:

  • Federal bankruptcy law
  • Other rules & laws affecting bankruptcy law
  • Forms
  • Voluntary & involuntary bankruptcy
  • The bankruptcy petition
  • Pre-bankruptcy considerations
  • Chapter 7 liquidation
  • The trustee’s role
  • The goals of bankruptcy
  • The means test
  • The bankruptcy estate
  • Property exemptions
  • Community property states
  • The automatic stay
  • Dischargeability of debts
  • Litigation
  • Bankruptcy alternatives
  • Chapter 13 individual debt adjustment
  • Chapter 11 reorganization

Edward Hays of Marshack Hays LLP earned the distinction of being a Super Lawyer from 2011-2014. He currently serves on the Board of Directors for the following organizations: Orange County Bankruptcy Forum, Legal Aid Society of Orange County and the University of Southern California Law School Annual Fund. In 2004, Mr. Hays was the Chair of the Resolutions Committee for the Orange County Bar Association and has served as a delegate to the State Bar Conference on behalf of Orange County every year since 1995. He has been selected on numerous occasions to present lectures on various legal topics including bankruptcy, exemptions, enforceability of spendthrift trusts, and online public record research. Richard A. Marshack has been an attorney and bankruptcy trustee for over twenty-five years. Mr. Marshack was Law Clerk to the Honorable Folger Johnson, Chief Judge, United States Bankruptcy Court, District of Oregon, 1982-1984. He has also served as an Adjunct Professor of Bankruptcy Law at Western States University College of Law and the University of California, Irvine. Mr. Marshack has authored several bankruptcy articles and is frequently called upon to present on various bankruptcy issues around Southern California.

This CLE course on accounts receivable management for attorneys is currently accredited 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)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (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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Nevada CLE: Substance Abuse Now Required

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A handful of states across the country have begun requiring substance abuse education as part of the mandatory CLE requirement. Many of these states require at least one credit hour each year of education on substance abuse and mental health issues. Other states require 1 credit hour of substance abuse every two or three years.

Nevada MCLE Compliance Requirements

  • Reporting Cycle: Annual
  • Compliance Deadline: December 31
  • Reporting Deadline: December 31

Nevada falls into the latter category. Nevada recently amended its CLE rules to include a mandatory substance abuse requirement every three years. This change was originally made last year (see Substance Abuse CLE Now Mandatory in Nevada). However, so few attorneys received notice of the change that substance abuse is now mandatory for 2014. Effective March 20, 2014, all active Nevada attorneys are now required to take a minimum of 1 credit hour every three years on substance abuse, addictive disorders and/or mental health issues. For 2014, the remaining requirement will be 9.0 credit hours of general credits and 2.0 credit hours of ethics. For the remaining two years of the three-year cycle, Nevada attorneys must complete 10 hours of general credits and 2 hours of ethics.[1] Those Nevada attorneys who completed the substance abuse credit during 2013 have satisfied the substance abuse requirement for 2014.

Notice Of Amendment to SCR 210

Effective March 20, 2014, the Nevada Supreme Court amended Supreme Court Rule 210 regarding mandatory CLE per ADKT 478. Beginning 2014, this order makes it mandatory for all active Nevada attorneys to take at least 1.0 credit hour every 3 years on substance abuse, addictive disorders and/or mental health issue.

The deadline to complete the required 12 credit hours of NV CLE is December 31. If you don’t complete your required NV CLE requirement by December 31, you can request an extension of time. You must put your request in writing, along with a $50 extension fee and send to the Nevada CLE Board. If the request is granted you will be given until March 1 to complete your NV CLE requirement. For more information about Nevada CLE please click here: NV CLE.

[1] The next three-year cycle would be 2015, 2016 and 2017. Nevada attorneys would then be required to complete 1.0 credit hour of substance abuse sometime within that three-year period.

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Accounts Receivable Management for Attorneys

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Just about every business must deal with slow paying clients and delinquent accounts — and law firms are no exception. However, because we are professionals some attorneys are hesitant and timid when it comes to collecting fees that are owed by clients. In order to ensure a continuous and timely revenue stream, law firms must establish accounts receivable policies & procedures and all attorneys at the firm need to adhere to these policies. Yet, many attorneys and law firms still fail to adopt and follow these vital policies & procedures for accounts receivable when running their law practices.

Every business has its share of ‘slow-paying’ customers and delinquent accounts.  It’s not fair… nor is it necessary.   – Robert A. Weinberg

In this practical and informative new CLE course, attorney Robert Weinberg provides you with tips and best practices so you can manage your account receivables with professional discipline. The main topics discussed include the patterns repeated by professionals, dealing with your emotions, setting up policies & procedures, establishing a firm-wide methodology that works, withdrawal from representation and deciding whether to sue the client for fees. Mr. Weinberg also has a section in the course dedicated to collecting the judgment. Mr. Weinberg provides specific strategies to help you overhaul your business practices and make the collection process run more smoothly.  The course can be accessed by clicking this link: Accounts Receivable Management for Attorneys.

Further subjects covered include:

  • Taking the soft approach to collecting fees
  • Setting client expectations
  • Retainers & evergreen retainers
  • The special client
  • Terminating the client
  • Charging interest on past due monies
  • Contractual arbitration in the engagement letter
  • Creating liens
  • Locating debtor assets
  • The writ of execution
  • Wage garnishment
  • Seizing property
  • Settlement

An A-V rated attorney, Robert A. Weinberg specializes in debtor-creditor matters and consults with business and professional firms on AR management. He has been practicing debt collection and accounts receivable management for over twenty-five years and he represents business owners & professionals in helping establish sound policies to better ensure fewer delinquent accounts. Mr. Weinberg also provides collection services when customers or clients refuse to pay. His law practice is located in Encino, California.

This CLE course on accounts receivable management for attorneys is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Colorado (CO)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • 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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PA CLE: 2 Credit Hours of Ethics for 2015

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Attorneys that are licensed to practice in Pennsylvania must still complete a minimum of twelve (12) CLE credits each compliance period in order to fulfill the annual Pennsylvania CLE requirement. However, if you are a Pennsylvania attorney there are some recent changes to the PA CLE regulations that you should be aware of.

The Pennsylvania Continuing Legal Education Board has made changes to rules and regulations that will permit more credits to be earned via distance learning and increase the annual ethics requirement.

First, Rule 108 (e) has been changed to increase the amount of credit hours Pennsylvania attorneys may earn by completing online and downloadable CLE courses from four (4) to six (6) credit hours annually. Second, the PA CLE Board also adopted a regulation change that increases the ethics component of the annual PA CLE requirement from one (1) to two (2) credit hours annually.[1] The amendments to the PA CLE rules and regulations will take effect for PA CLE compliance periods that have CLE requirement deadlines in 2015.[2]

The amendments to the PA CLE rules and regulations will take effect for CLE compliance periods that have requirement deadlines in 2015.

These PA CLE changes became effective May 1, 2014, and affect all Pennsylvania attorneys with 2015 compliance dates. Therefore, Pennsylvania attorneys that are in Group I and Group II are now able to complete 6 credit hours through online and downloadable on-demand video and audio courses.[3] Since Group III Pennsylvania attorneys still have a 2014 compliance date (12/31/2014) they are still subject to the 4 credit hour limit for online and downloadable on-demand CLE courses.[4] Group III are also still only required to complete one credit hour of ethics CLE. For more information about CLE in Pennsylvania, please click here: PA CLE.

[1] The new PA CLE provisions for distance learning will provide PA lawyers the option of completing up to half of their annual PA CLE requirement through distance learning and computer-based education.

[2] The ethics credit increase marks the first significant modification to the PA CLE requirement since 1996 when the total requirement expanded from nine credits to twelve.

[3] The compliance period for Group 1 attorneys is May 1 – April 30, Group II:  September 1 – August 31

[4] Group III:  January 1 – December 31

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