If you are a trial attorney you have inevitably been forced to deal with difficult witnesses and hostile attorneys at some point in your legal career. Problem witnesses can take many forms - the dishonest witness, the evasive witness, the hostile witness- the witness that doesn't remember what they had for breakfast. All too often, witnesses try to frustrate the discovery process - and depositions in particular - by their obstructive and abusive behavior. And we all have stories about hostile or bullying opposing counsel.

This CLE course examines strategies to effectively depose some common difficult witnesses and also provides tips on how to deal with difficult attorneys during the deposition process. Join trial attorney Roy Comer as he discusses the hostile witness, the basics of questioning, dealing with the problem witness, the forgetful or unsure witness, the dishonest witness and the obstructing lawyer. Further topics covered by Mr. Comer include controlling the deposition, what doesn't work, the goal of the deposition, the form of questioning, the 4 step process for dealing with the evasive witness, videotaping depositions, looking for visual clues, asking more, quickening the pace, the Duty of Candor, the bullying lawyer, the law is your friend, talking to the witness, the improperly objecting attorney, the lawyer that wants to go off the record all the time, the condescending lawyer and the "I'll fix it later lawyer."

For over thirty-five years Roy L. Comer has been dedicated to handling damage cases, including catastrophic personal injury and wrongful death cases arising from automobile, truck, motorcycle, medical negligence, defective products, and dangerous premises claims. In addition, Mr. Comer has represented individuals and medium-sized businesses in real estate, landlord-tenant, insurance and contract disputes. Defending these types of claims has provided Mr. Comer with further insight into how insurance companies approach these claims. Mr. Comer's clients depend on his broad experience, coupled with the highest legal, professional and emphatic standards.

If you can help to keep your clients stay out of court, clients will look to you as a trusted legal advisor that they can turn to for proactive legal advice and counseling - and not just the person to call once they've been sued. Transactional attorneys, nonprofit attorneys and in-house counsel can definitely benefit from this proposition by knowing the key facets of their client's businesses and making sure their legal liabilities are accounted for and properly addressed. Even immigration attorneys with international clients can serve as a valuable resource to clients coming to America on investor visas by assisting with their client's with basic counseling on starting and running a business.

In this course Miami business attorney Brett Trembly highlights a number of practical and legal points that you can advise your business clients on to help you serve as a valuable resource and keep them out of court. Brett starts by presenting ten general tips to advise your business clients on, lists four key documents that your clients must have in place, analyzes five essential terms for every contract and closes by highlighting key nonprofit issues. Further subjects covered include: business formation & structure, keeping good records, business insurance, appropriate security protections, vendors, employee handbooks, being proactive, independent contractor agreements, the articles of organization, the operating or shareholders agreement, client or service contracts, emergency plan documents, terms of service, prevailing party attorneys? fees, forum & venue selection clauses and termination & damages clauses.

Brett Trembly started the Trembly Law Firm over four years ago to work with business owners to resolve their legal issues as quickly, painlessly, and cost-effectively as possible. In the South Florida legal community, Brett sits on the Board of the South Miami Kendall Bar Association, the Florida Bar 11th Circuit Grievance Committee, volunteers on the Florida Bar Young Lawyers Division Mentoring Program, the Dade-County Bar Associations Rainmakers Committee, and annually volunteers for Miami-Dade County's Ethical Governance Day. Brett also maintains his leadership emphasis and is strongly committed to giving back, serving as Past President of the Rotary Club of South Miami, President of B.N.I. Superior, Vice-President of the Rotary Foundation of South Miami, Inc., and is a proud member of the Chamber South and Pinecrest and Palmetto Bay Business Associations.

Dirty money gets produced by organized crime and other criminals though drug trafficking, prostitution, tax evasion, corruption, financial crime and many other sources. Spearheaded by the Financial Action Task Force (FATF), world leaders and governments have sought to monitor and suppress money laundering and terrorism financing around the globe. This became even more pressing in our country after the terror attacks on 9/11. Due to our legal system and anonymous entities like LLCs, the United States is an easy place to hide money and terrorists have begun using our financial and legal systems to launder dirty money and clandestinely move it around the world to finance terrorist and other illegal operations. Unfortunately for attorneys, there is a very fine line between assisting clients and taking part in criminal activity.

Peter W. Bowie, the former Chief Judge of the U.S. Bankruptcy Court for the Southern District of California, has seen these matters develop first hand from his view from the bench. In this CLE course, Judge Bowie explores the evolving link between bankruptcy, money laundering & terrorist financing and the attorney's duty to investigate. The main topics addressed by Judge Bowie include money laundering around the globe, the use of anonymous entities to hide money and the attorneys increased duty to investigate. Additional topics presented: the Financial Action Task Force (FATF) on Money Laundering's 40 recommendations, the 2002 ABA Task Force, ABA Formal Opinion 463, risk based client due diligence, how individuals hide money from creditors, the anonymous purchase of numerous high end American properties, the 2016 GlobalWitness.org report, the Panama Papers, confidentiality, attorney-client privilege, Rule 11 and recent case law regarding attorney investigations.

Peter W. Bowie, former Chief Judge of the U.S. Bankruptcy Court for the Southern District of California, spent 27 years on the bench. He leverages his vast experience in the courtroom to conduct mediation settlement conferences and contribute to the firm's mediation practice. A skilled mediator, Judge Bowie has successfully resolved several vigorously contested, large fee application disputes, and other important cases. Before joining the bench, he served in the U.S. Attorney's Office for the Southern District of California for 14 years, the last six as Chief Assistant U.S. Attorney, overseeing operations of the criminal and civil divisions. Earlier in his career, he served as a trial attorney in the U.S. Department of Justice, where he was hired through the Department's prestigious Honors Program.

Many of us have achieved the one of the pinnacles of the American dream, owning our own home. However, even though it’s the most expensive purchase many of us will make, quite a few attorneys and clients fail to understand the basics of the document that protects their investment - the homeowners insurance policy.

In this CLE course, attorney Evan Walker will walk you through the basics of understanding homeowners insurance policies and coverage. He will mainly cover the following topics: the declarations page & definitions, coverages, exclusions, endorsements and first & third party claims disputes. Evan will also discuss coverage & coverage limits, Coverages A - D, how to read the policy, the definitions of the insured & insured property, being underinsured, due diligence to make sure that you have adequate insurance, depreciation, additional living expenses, named perils, the burden of proof, scope of coverage, riders, contract-driven disputes, tort claims against third parties and subrogation.

After evacuating from New Orleans to Houston, Evan W. Walker graduated in 2008 as part of the ‘Hurricane Katrina Class.’ After graduation, Evan worked for a New Orleans insurance defense firm. He opened his own firm in 2014 to represent people after years of defending insurance companies.

In auto accident claims, more than 70% of all insurers use Colossus and similar software to assess bodily injury claim values and limit settlement offers. Plaintiff's counsel must understand how this specialized software works, how his software impacts insurer settlement offers to claimants and how insurance companies use other considerations like medical factors to formulate settlements. Controlling factors must be thoroughly examined, such as the accuracy of all injury diagnoses as well as the points and drivers to include in your demand, in order to get the best possible settlement for your clients.

In this CLE course, Dr. Frank Liberti provides an in-depth examination of Colossus and similar software used by insurers used to assess auto accident claim values in personal injury cases. Dr. Liberti will demonstrate how to prevent unfair settlements, leverage new style demand letters to obtain higher settlements, increase settlement valuation by four times the average, prevent unfair claims practices and win the greater weight of the evidence challenges. Further topics discussed include the ethics codes of adjusters, litigation obstacles, Business Processing Improvement (BPI), attorneys & consultants, 4 main medical factors, the AMA Guide & impairment evaluation, insurer's unfair claims acts, key decision points & drivers, the checklist of decision points & drivers to include in your demand, inputting values into Colossus, claim values, standard medical records & prognosis, common injury types, the 4 corners of the medical claim, medical expert value factors and eliminating narrative-style demand letters.

Spanning 35 years, Dr. Frank Liberti has consulted over 15,000 doctors and lawyers on the subject of personal injury and often presents on personal injury law issues. A licensed attorney in California, Jason Castillo actively participated in this course.

Communicate with clients, don’t “borrow” money from trust accounts, calendar every key deadline… the same fundamental ethics principles still hold true for the 21st century lawyer. That’s because the same traditional ethics issues continue to plague lawyers, leading to countless ethics violations and malpractice lawsuits.

In this course Joel Selik discusses the most common ethics violations you need to be aware of so you can continue to practice ethically. The main issues discussed include the most common ethical pitfalls, insurance issues, what happens when you get “the letter” and sources of ethics laws & duties. Joel will also address calendaring deadlines, communicating with clients, trust account issues, dumping clients, staying in your practice area, contingent & set fee agreements, billing issues, responding to a malpractice letter or ethics complaint from the state bar and key practice points to remain ethical in your everyday practice.

A malpractice attorney and ethics expert, Joel G. Selik has practiced law for over 30 years and frequently represents attorney clients in malpractice cases. Joel is licensed to practice law in both California and Nevada and he frequently presents seminars on Estate Planning, Nursing Home Litigation, Legal Ethics and Malpractice.

Construction Defect Litigation from the Plaintiff Perspective is 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 lasting, but it doesn't have to be. Through this presentation, 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. 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 and 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. Paul Viau specializes in the utilization of advanced alternative dispute resolution (ADR) programs to achieve timely and cost effective resolution of complex construction claims. A licensed attorney in California, Jason Castillo actively participated in this course.

Copyright protection has become incredibly important for content producers in our new Digital Age where copyrighted content can be copied, pasted and distributed around the globe in seconds. However, there are many common myths associated with copyright protection, fair use and permission to use copyrighted works. Are you guilty of telling one of your clients to put their work in a sealed envelope and mail it to themselves?

In this CLE course, Rex Brabson provides an entertaining discussion about key issues in copyright law and the common misconceptions about fair use and permission to use copyrighted works. Rex will mainly cover: the elements to establish a valid copyright, common issues faced by authors & businesses, common myths associated with fair use and permission to use copyrighted works. He will also address the five copyright rights, how rights are acquired, original works of authorship, fixed in a tangible medium, the value of registration, copyright compared to trademark law, works made for hire, what is not protected, the four fair use factors, content that requires permission to use, protection for databases and the abstraction-filtration comparison test.

Rexford Brabson is of counsel at Branfman Law Group. Rex mainly handles state and federal trademark applications and Responses to Office Actions, in addition to preparing and filing copyright applications. A graduate of the University of San Diego School of Law, Rex was admitted to the State Bar of California in 2014.

There is a great deal at risk when an individual is accused of a crime. Your client's life and liberty are at stake, and there is a lot of information you need to be able to recognize to ensure that your client's rights are adequately protected. Whether you are a civil attorney that needs a refresher on criminal law or you are an attorney that's just starting out in criminal practice, this CLE program will cover the basics of criminal defense and issue spotting in criminal cases.

In this Criminal Law 101 course, attorney Paul Ghanouni mainly discusses constitutional issues, police-citizen encounters, statements to police and search & seizure law. Further issues addressed include the exclusionary rule, the right to counsel, the right to silence, voluntary statements, searches of persons & motor vehicles, the plain view doctrine, the fruit of the poisonous tree doctrine and key practice points. Attorneys that take this course will be able to: recognize key issues in criminal case, discuss common criminal law issues, identify key facts and conduct research on criminal topics. While this course does discuss key criminal topics & issues, it does not discuss the specific elements of criminal offenses because this information is specific to each jurisdiction.

Case law discussed in this CLE course includes: Terry v. Ohio, 392 U.S. 1 (1968), Beck v. Ohio, 379 U.S. 89 (1964), Moran v. Burbine, 475 U.S. 412 (1986), Davis v. United States, 512 U.S. 452 (1994), Miller v. Fenton, 474 U.S. 104 (1985), Mincey v. Arizona, 437 U.S. 385, Lynumn v. Illinois, 372 U.S. 528 (1963), Chimel v. California, 395 U.S. 752 (1969), United States v. Sharpe, 470 U.S. 675 (1985), Arizona v. Gant, 556 US 332 (2009), South Dakota v. Opperman, 428 U.S. 364 (1976), Pennsylvania v. Labron, 518 U.S. 938 (1996) and Horton v. California, 496 U.S. 128 (1990).

Paul Ghanouni is a criminal defense attorney based in Woodstock, Georgia. After beginning his career at a small firm, he founded his own law practice in 2007 and now specializes in teen and young adult defense. He is a regular presenter on legal issues before legal and community groups. Outside of his practice he is active with the Blue Ridge Bar Association, having served as vice president and president. He is a member of the Woodstock Optimist Club.

There has been a recent trend in the last few years to place greater emphasis on how substance abuse and mental health issues affects attorneys and the clients they represent. In this course, Amy Allemann will address mental health and substance abuse issues among attorneys and personality disorders frequently encountered in everyday practice.

Amy will mainly address depression & substance abuse in the legal profession, personality disorders common in attorneys & clients and the ethical issues involved. In addition, Amy will also cover the facts about depression & suicide, the DSM-5 Criterion for a Major Depressive Episode, signs & symptoms of chemical dependency, Cluster A, B & C personality disorders, dealing with High Conflict Personalities, reacting vs. responding, competence to practice law, confidentiality to clients with mental health issues, dealing with clients with mental health issues and your duty to report intended future client crimes. The following specific personality disorders will be discussed: paranoid, schizoid, schizotypal, avoidant, obsessive-compulsive disorder, dependent, antisocial, histrionic, borderline and narcissistic.

Amy E. Allemann is the managing attorney of Boyd Law and she specializes in complex civil litigation and family law. A frequent speaker, Ms. Allemann belongs to several associations including Mensa International, LEAD San Diego, the Thomas More Society, the San Diego Lawyers Club and the San Diego County Bar Association.

The cost of a college education has skyrocketed over the last few decades. Along with the increased tuition costs, the amount of money borrowed for college has also ballooned with student loan debt now approaching $2 TRILLION dollars. Many former students have found themselves in default being unable to pay their massive undergraduate and graduate school debt back.

To learn more about what you can do to help your clients with defaulted student loans, join Natalie Jean-Baptiste as she discusses potential options for your clients. Natalie will mainly cover default student loan resolution, repayment options, loan forgiveness, administrative discharges and discharging student loan debt in bankruptcy. Natalie will also address the following topics: student debt facts & figures, federal vs. private student loans, the main types of federal student loans, eligibility for deferment & forbearance, delinquency & default, the consequences of default, tax refund offsets, wage garnishment, settlement, loan rehabilitation, reasonable & affordable payments, consolidation, repayment programs such as REPAYE and PAYE, Chapter 7 & 13 bankruptcy, undue hardship and additional resources.

Natalie Jean-Baptiste is a financial empowerment coach and consumer rights advocate who works with student loan borrowers to manage and eliminate debt. Prior to becoming a consumer rights advocate, Natalie worked for many years as a music industry attorney.

Does there seem to be a lack of civility in our adversarial legal system? Do you work with clients and opposing counsel that are rigid and uncompromising - who seem to be preoccupied with constantly blaming others for their problems?

One of the unfortunate aspects of legal practice is dealing with high conflict attorneys that seem to permeate the legal system. Most lawyers would agree that their high-conflict cases take up more time and much more emotional energy than their ordinary cases - sometimes more than all of their other cases combined. The bad news is that these high conflict personalities appear to be increasing in society, and especially in our courts. The good news is that understanding high-conflict personalities and opposing counsel can help ease your stress and also help you achieve a better result for your client.

In this highly informative and extremely practical CLE course, Bill Eddy provides you with tips and strategies to deal with high conflict attorneys. The main issues discussed include the attorney-client relationship, core issues of personality disorder in high conflict attorneys, high conflict personality (HCP) opposing counsel and 10 Points on how to approach HCP counsel. Further topics addressed include: common high-conflict issues, lack of self-awareness, lack of adaptation, externalizing responsibility, 5 high conflict personalities, causes of personality disorders, brain neurochemistry in HCP attorneys, what to expect from HCP counsel, listening to opposing counsel, picking your battles, responding with B.I.F.F., making proposals, avoiding professional splitting, incivility and support & consultation.

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.

The schools of today are vastly different than the schools of our youth. Students today are faced with cyberbullying, sexting, Facebook and all the novel problems that our new digital world has created. Schools and school districts must know how to address and respond to these digital technologies so they can best help students and avoid potential liability.

If you would like to learn more about emerging legal issues in schools created by new technologies please join Gretchen Shipley as she uses a hypothetical fact pattern to discuss these novel issues. The main topics covered by Mrs. Shipley include search & seizure, mandatory reporting of abuse & neglect, sexting, social networking, teacher-student online communication, teachers' cyber conduct, student discipline for online speech, bring your own device & equal access, cyberbullying, student privacy rights and potential breaches of privacy law. Further issues discussed include eMatters, Klump v. Nazareth, how to handle sexting, freedom of association, "fitness to teach," the "related to school activity" standard, the substantial disruption standard, J. S. v. Blue Mountain, FERPA, CIPA, J.C. v. Beverly Hills, the Fourth Amendment, COPPA, GeoLocation (iPad tracking), school video cameras, pictures on school websites, data mining by technology vendors, social media monitoring (GeoListening) and device search & seizure.

Gretchen Shipley is a partner in the San Diego area office of Fagen Friedman & Fulfrost and co-chair of the firm's eMatters Practice Group. A respected legal leader in education law and technology, Ms. Shipley advises school districts and delivers workshops to students, employees and district leaders nationwide on the promotion of cyber-citizenship in the school community and the implications of cyber-misconduct in the classroom and workplace. She has also collaborated with the Association of California School Administrators to co-produce the popular "Logged On" seminars, created to offer guidance on employee and student issues that stem from embedding technology into public education.

One of your favorite clients is Pearl, who you’ve helped with some real estate and estate planning matters when her husband of 55 years passed away. Even though she’s in her eighties, she’s still sharp as a tack. One day she calls you frantically because her checking account is suddenly overdrawn and she thinks that her housekeeper might be to blame.

While many people think that it mainly consists of physical abuse, elder abuse is more often times a crime of financial abuse where relatives, caretakers and “friends” take advantage of the elderly. An experienced document examiner, Mike Wakshull has seen altered wills, attempted stock transfers, suspicious checks and homes sold with forged real estate deeds. Using case examples from his own practice, he will cover the following topics: knowing the telltale signs of faked signatures, the importance of exemplars, fluidity vs. tremor, examining the unique attributes of a signature and the tools used to examine documents.

A court-qualified forensic document examiner, Michael N. Wakshull has been involved in the Forensic Document Examination arena since 1983 and belongs to a number of Document Examination Associations. A licensed attorney in California, Jason Castillo actively participated in this course.

Well over 90% of civil and criminal cases never make it to a courtroom, as the great majority of cases either end in settlement or plea bargain. What does that mean for you? It means that in today?s legal world of backed up dockets and clogged courts, solid negotiation skills are almost as important as solid trial skills.

Whether you are a first year associate or a seasoned criminal attorney, you will learn key skills and strategies to becoming a more effective negotiator in this CLE course taught by attorney and mediator Douglas Barker. Mr. Barker mainly discusses the importance of preparation, the negotiation process and key goals of negotiation. Further issues addressed in this course include the fundamentals of communication, evaluating potential forms of value, presenting less tangible considerations, the target & walkaway result, knowing the other side, demeanor & perspective, dealing with emotions, being an active listener, pace, opening proposals and negotiating to your target. The information, skills and techniques presented by Mr. Barker in this CLE course can be deployed by both criminal & civil law attorneys, in addition to mediators & arbitrators and many other legal professionals.

A lawyer since 1980, Doug Barker was a litigator and partner at Gray Cary Ware & Freidenrich (now DLA Piper) for the first 14 years of his legal career. In 1994 he became a principal in the San Diego law firm Barker Olmsted & Barnier. From 1984 through the late 1990?s, Mr. Barker worked in ADR as a court-appointed arbitrator and arbitrated hundreds of cases. He has trained as a mediator at NCRC (National Conflict Resolution Center), Pepperdine University, and through the American Bar Association. Doug has been a mediator since 1999 and is a frequently published writer and seminar speaker on the subject of mediation. He has mediated over 2,000 cases involving a wide array of civil litigation matters with a strong emphasis on personal injury, employment, real estate, construction defect, homeowners? association and commercial contract disputes.

Social media offers attorneys and law firms the opportunity to build credibility & trust with existing & potential clients, uncover relevant facts & information about cases, clients and opposing attorneys, and to bring in new business. However, social media also creates many new ethical pitfalls for attorneys. Can you list specialties or endorsements on your LinkedIn page? Is it ethical to send a Facebook friend request to an individual involved in pending litigation? Can you advise clients to remove tweets from their Twitter account on the eve of trial? Law firms, attorneys, and support staff must ensure that their online activities adhere to ethical and professional rules of conduct - even without the guidance of specific electronic ethical rules.

In this timely presentation, attorneys Kathryn Konzen and Ross Mecham offer best practices for the ethical use of social media, provide practical ethical guidance regarding common scenarios and highlight situations & online activities to avoid. The main ethical duties covered include the duty of competence, candor & fairness to the court and opposing counsel, the duty to supervise, requesting & producing documents & data, accuracy of discovery certifications and protection of the attorney-client privilege. Further issues discussed: ethical pitfalls & risks, FRCP Rule 1, zealous advocacy, ABA Model Rule 1.1 & the Duty of Electronic Competence, examples of unethical online conduct, examples of ethical/unethical advertising, website disclaimers, retention, inadvertent formation of the attorney-client relationship, the Duty of Confidentiality, avoiding online Conflicts of Interest, recruiting, investigation, Facebook, Twitter, blogging about prior cases, LinkedIn, examples of social media policies and ethical references & citations.

Kathryn Konzen joined DTI in 2014 as a Regional Business Development Executive, and returned in 2016 after going in house with a law firm as the Director of Business Development and Litigation Technology. She is a California licensed attorney that focuses on efficient and cost effective solutions for her clients when dealing with electronic data, whether it is for a government investigation, litigation matter, or internal issue. Kathryn has presented various CLE programs on such topics as Managing ESI, Ethics in Social Media, and Ethical Issues of eDiscovery. Ross Mecham is an eDiscovery Consultant with DTI. He helps law firms and corporate legal departments understand and manage their eDiscovery needs, using technology and efficient workflows to reduce risks and costs while increasing deliverable quality. An attorney with over a decade of experience across all phases of electronic and paper discovery, his career spans state, federal, and international matters, as well as the development of internal corporate discovery practices. His prior cases include intellectual property, employment, and business tort actions, data breach and internal investigations, and regulatory requests.

In a very short period of time technology has revolutionized society and has forever changed the practice of law. The days of burying your head in the sand and hoping it all goes away are over -whether you like it or not, technology is here to stay. ESI, metadata, litigation holds, friending potential witnesses' lawyers now need to understand and be well-versed with technology in order to fully represent their clients and get the best outcome at trial. Failing to grasp these new technologies in your everyday practice can lead to ethical violations, malpractice lawsuits and even disqualification.

In this CLE course Ed McIntyre provides ethical guidance for fellow trial attorneys by reviewing three different hypothetical case examples based on the following subjects: electronically stored information (ESI) & the litigation hold, the inadvertent disclosure of documents and friending people involved in a lawsuit. Further topics covered by Mr. McIntyre include why we should care about ethics & technology, the applicable laws & codes, the evolution of technology, ESI (electronically stored information), the Zubulake series of cases, Model Rule 1.1, Model Rule 1.6(c), Rico v. Mitsubishi, attorney client privilege, attorney work product, Model Rule 4.4(b), disqualification, public vs. private Facebook pages and googling the jury.

Edward J. McIntyre, Esq. is a litigation partner and general counsel for Solomon Ward Seidenwurm & Smith, LLP where he practices complex business litigation in federal and state courts. He also advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence. Mr. McIntyre is an expert on the topic of professional responsibility. 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.

When we try a case, our goal as lawyers is to get an impartial jury. But in reality, anybody who has struck a jury knows this is no easy task. We have to investigate to uncover potential bias to make sure that the jury is going to be as fair as possible. But our investigation of jurors is changing rapidly because of social media and the law related to social media. The question now becomes will the impartial jury be able to exist in the age of Facebook, Instagram, LinkedIn and other social media websites and apps?

In this CLE course, attorney Sharon Stuart presents a thoughtful and timely discussion on ethical considerations in jury selection in our new world of social media. The main topics addressed include voir google, ethically investigating jurors online, ethical obligations relating to juror misconduct, ethical obligations to disclose juror relationships, medical privacy & voir dire and ethical obligations in post-trial juror interviews. Additional issues covered in this course: social media use by jurors, the benefits of using social media in jury selection, the ethical duty to investigate, ABA Model Rule 1.1 - Competence, Comment to ABA Model Rule 1.1, ABA Model Rule 1.3, the NYSBA Social Media Guidelines, ABA Model Rule 3.5, ethical limitations on juror investigation, best practices when conducing social media research, crossing the ethical line, decorum to the tribunal, United States v. Daugerdas, 867 F. Supp. 2d 445 (S.D.N.Y. 2012), safeguards for jurors' medical privacy and post trial contact with jurors.

Sharon Stuart devotes her practice to civil trial work and arbitration. She focuses on complex commercial and insurance litigation, and she handles a variety of pharmaceutical and medical device products liability litigation as national, regional or local counsel. Her trial experience includes a wide range of business tort claims, contract disputes, commercial and insurance fraud and bad faith suits, and wrongful death cases. She has defended dozens of class action lawsuits in areas as diverse as product liability/toxic tort, financial products, insurance and employment law.

The use of cloud computing technologies offers lawyers and law firms certain advantages in terms of cost savings, flexibility & mobility and ease of use. However, because cloud computing places data - namely confidential client information - on remote servers outside of the lawyer's direct control, it has given rise to some concerns regarding its acceptability under applicable ethics rules. It is therefore imperative that attorneys are cognizant of their ethical duties when selecting an appropriate vendor and deploying cloud technologies in their practice.

If you have questions about how you can ethically utilize cloud technologies in your practice then join attorney Robert Cogan as he describes what the Cloud is and how you can use this new technology without running afoul of the ethics rules. By taking this course you will reach a basic level of familiarity with what the Cloud is in the context of law practice, be able to identify what ethical obligations must be met in use of the Cloud, learn the actions the attorney must take in exercising due care, recognize significant security vulnerabilities that are not a function of Cloud use and take steps to address these security vulnerabilities. Topics addressed include pertinent terms, rules of professional conduct, services, SAS, advantages of using the Cloud, state ethics opinions, ABA opinions & Model Rules, client confidentiality, competence, questions to consider, knowledge requirements for non-technical attorneys, terms of service, practical care, non-technical considerations, social engineering, phishing, Trojan horses and general guidance.

Robert P. Cogan is a business and intellectual property lawyer with over 35 years of experience in both corporate and private practice as well as experience in operating management. His prior experience includes fourteen years as chief patent counsel of a Fortune 200 Company, managing development and enforcement of worldwide patent and trademark portfolios. He negotiated multimillion dollar agreements, including software licenses, distributorships, and joint research projects. He has extensive experience in contracting with government agencies including Department of Defense, NASA, and NIH, as well as state agencies. He has conducted business and intellectual property litigation.

Evidence. Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contentions -- Black's Law Dictionary, Abridged Fifth Edition

While the definition of evidence may seem straightforward, preparing and presenting evidence can be the difficult part. The goal of this course is to teach attorneys how to properly admit or exclude evidence at hearings and trials. The main evidentiary topics addressed include arguing a motion in-limini, the proper use of demonstrative evidence, relevant vs. unduly prejudicial evidence, direct examination, hearsay evidence, refreshing recollection and expert vs. lay testimony. Further topics discussed in this course include juries & demonstrative evidence, evidence regarding credibility, humanizing witnesses, leading questions, roadblocks to testimony, hearsay statements, evidence that is not offered for the truth of the matter asserted, declarations against interest, prior consistent & inconsistent statements, spontaneous statements, the state of mind exception and putting the right expert on the stand. While this course refers to the evidence code of California, key themes of evidence will be introduced and discussed, and a number of practical points can be deployed by legal practitioners around the country.

The Honorable Michael B. Orfield (Ret.) was a jurist for 20 years, mostly as a civil independent calendar judge. His experience and expertise as a civil judge spread widely across such diverse areas as catastrophic personal injury, medical and legal malpractice, product and construction defects, breach of warranties, easements, breach of contract, wrongful death and a variety of business disputes. He now serves as a mediator and arbitrator with Agreement.com. The Honorable Harry Elias has been a Superior Court Judge for the County of San Diego for over twenty years. He presides over both juvenile and criminal cases. Prior to his appointment to the bench, Judge Elias was a deputy district attorney and the Chief of the Family Protection Division.