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Programs in Ethics & Professionalism



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How to Use Social Media for Rainmaking Success (Without Losing Your License to Practice Law)

Program Number: 2844 Presenter: Jaimie B. Field, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Social Media is here to stay. There are more than 330 million active users monthly on Twitter. Facebook has 1.5 BILLION active monthly users. LinkedIn has 546 million registered users of which almost 1/3 are in the United States. YouTube boasts that they have 1 BILLION users and more than 400 hours of video are uploaded every minute! (Statistics provided by DMR) Then there is Blogging, Pinterest, Instagram, Snap Chat, and new social sharing sites being created every day. You can connect with potential clients and referral sources to grow your practice as long as you know how to use it. • What is Social Media? • The difference between Social Media and Social Networking • How to use these platforms to get more referrals and clients • How to manage your time on Social Media so that

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The Associates’ Guide to Lifelong Rainmaking Skills

Program Number: 2841 Presenter: Jaimie B. Field, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Congratulations, you graduated from law school and have become a licensed attorney! And while many of the skills and the information you learned in law school are helpful in your day to day practice of law, the one thing they don’t teach in most law schools is business development skills. It’s time to learn now! The earlier you can begin to learn and use the Rainmaking tactics and skills taught in this seminar, the better your chance for creating the practice you would like. This seminar is for attorneys who have been in the practice of law for five years or less. It will teach you: • How to become a Rainmaker • How to work with your bosses to create a practice you love • What are the

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How Women Lawyers Can Help to Eliminate Bias, Improve Diversity and Inclusion, and Advance their Legal Careers Despite the Presence of Gender Bias

Program Number: 2834 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss the nature and extent of the achievement disparity between female and male lawyers, and why and how gender stereotypes and the biases that flow from them cause this disparity by preventing women from advancing in their legal careers as far and as fast as men. They then provide women with specific insights and communication techniques they can use to avoid or overcome these often subtle and unconscious gender biases. The program includes a discussion of the relevance of ABA’s Model Rule 8.4(g) and ABA Resolution 302.

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Mental Health, Substance Abuse and Stress in the Legal Profession: Addressing the Toxicity that Puts Lawyers at Risk

Program Number: 2830 Presenter: Joan Bibelhausen, JD

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Recent research confirms the high incidence of mental health, stress and substance abuse issues in the legal profession, and the culture of the profession is often identified as a culprit. As a response, the National Task Force on Lawyer Well-Being released The Path to Lawyer Well-Being: Practical Recommendations for Positive Change. According to the Task Force, “We are at a crossroads. To maintain public confidence in the profession, to meet the need for innovation in how we deliver legal services, to increase access to justice, and to reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now.” Every lawyer is at risk for mental health and substance abuse issues and every lawyer can help

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Ethical Issues in Mediation: Practice Pointers for Counsel and Mediators

Program Number: 2824 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

For most lawyers involved in dispute resolution (and many practicing in other areas of the law), mediation is an inevitable aspect of professional experience. Mediation, however, involves roles and relationships that can vary greatly from “standard” elements of practice, and presents new ethical challenges for counsel. This program addresses fundamental ethics issues in mediation, and suggests practical solutions to the challenges presented by this unique environment. Model Rules discussed include: Rule 1.1: Competent representation Rule 1.12: Conflicts involving mediators Rule 2.1: Informing clients about mediation Rule 2.4: The role of the mediator Rule 4.1: Duty of truthfulness Rule 8.3: Reports of disciplinary violations Ethics opinions discussed include: ABA Opinion 06-439 ABA Settlement Guidelines (2002) In re RDM Sports, 277 BR 415 (Bankr. N.D. Ga. 2002) In re Waller, 573 A.2d 780 (D.C. 1990)

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What Male Lawyers Can Do to Eliminate Gender Bias and Inappropriate Sexual Conduct in the #MeToo and #TimesUp Era

Program Number: 2815 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq.

Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss how male lawyers can eliminate gender discrimination and increase gender diversity in the legal profession. Topics include: discussion of the lack of diversity at senior levels in the legal profession and its gender achievement gap; identification of the biases and stereotypes that cause the gender achievement gap and the culture it fosters that can lead to actual and potential sexual harassment and misconduct; a review of the ABA Mission Statement, ABA Model Rule 8.4(g), and Resolution 302 of the ABA House of Delegates (February 2018); and suggested practical, effective steps men and the legal organizations they control can take to increase diversity and avoid inappropriate sexual conduct in the #MeToo and #TimesUp era.

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Confidentiality, Privilege and other Ethics Issues after the Merger: What to Do When You're in Post-Acquisition Dispute Litigation

Program Number: 2809 Presenter: Jasmine Coo, Michael Thompson, Esq.

Mergers, acquisitions, and asset sales raise a number of ethical issues, including who controls the confidentiality and privilege after the deal closes. These questions become that much more important when the buyer and seller are embroiled in litigation after the deal, at which time shared confidentiality and privileges and use of such information as evidence can pose complicated and expensive challenges for all parties involved. On top of these considerations, lawyers must abide by additional rules concerning, e.g., loyalty to clients. In this program, Michael Thompson and Jasmine Coo review the legal and ethical authorities concerning attorneys’ confidentiality, privilege and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 1.9 (Duties to Former Clients), 2.1 (Advisor), 3.7 (Lawyer as Witness) and ABA Informal Op. 857 (Attorney as Witness); discuss such issues as they arise in post-acquisition litigation; and what you can do both before the closing and afterward to address them.

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Negotiation And Settlement Of Disputes: Ethical Issues for All Attorneys

Program Number: 2807 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Ethics issues abound in the negotiation and settlement of disputes, and can lead to the undoing of agreements, disciplinary charges and even claims of malpractice. In this program for all attorneys, Steve Bennett addresses practical issues in negotiation and settlement, such as the basic question: “who is the client?”, questions of “puffery” in negotiation, bad faith, threats, and other questionable behaviors, and the ethical issues that arise therefrom. Model Rules discussed include: Rule 1.2: Duty of consultation Rule 1.4: Duty to keep client informed Rule 4.1: False statements Rule 8.4: Dishonesty Ethics opinions discussed include: ABA Opinion 06-329 ABCNY Formal Op. 2017-3 Florida Bar v. Rodriguez, 959 So.2d 150 (Fla. 2007) In re J.T. Thorpe, Inc. (Mandelbrot v. J.T. Thorpe Settlement Trust), No. 15-56430 (9th Cir. 2017)

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Ethical Conundrums in Cross-Border Corporate Investigations

Program Number: 2806 Presenter: Robert J. Anello, Esq., Benjamin S. Fischer, Esq., Kostya Lantsman, Esq.

In the ever-expanding field of corporate investigations, some of the thorniest issues arise not only at home, but also abroad. Partners Robert J. Anello and Benjamin S. Fischer and associate Kostya Lantsman of New York litigation boutique and white collar law firm, Morvillo Abramowitz Grand Iason & Anello P.C., discuss recent developments in cross-border corporate investigations and the ethical conundrums posed to in-house and outside counsel. Topics covered include the limits of prosecutors’ ability to rely on foreign compelled testimony, the limits for electronic surveillance and searches in the U.S. and abroad, and the complexities presented by the differences in recognition of the corporate attorney-client privilege particularly as it relates to in-house counsel across various jurisdictions. ABA Model Rules and other ethical authorities related to these issues and covered in the program include: Rule 1.1 Competence; Rule 1.7 Conflict Of Interest: Current Clients; Rule 1.13 Organization As Client; Rule 2.1 Advisor; Rule 4.1 Truthfulness

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Confidentiality and Privilege: Ethics for In-House and Deal Lawyers

Program Number: 2803 Presenter: Jasmine Coo, Michael Thompson, Esq.

Confidentiality and other ethical obligations, as well as the attorney-client privilege and other privileges, are a part of everyday life for a litigator. Transactional and in-house attorneys, however, often advise their clients on business and legal matters. As a result, it can be difficult to know which communications and documents are confidential, privileged and/or subject to other ethical considerations. In this program, litigators Michael Thompson and Jasmine Coo review key legal and ethical authorities governing confidentiality, privilege, and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 2.1 (Advisor), and 5.1 – 5.3 (Responsibilities of a Partner or Supervisory Lawyer, Responsibilities of a Subordinate Lawyer; Responsibilities Regarding Nonlawyer Assistance), and ABA Formal Ethics Opinions 95-390 (Conflicts of Interest in the Corporate Family Context), and 98-410 (Lawyer Serving as Direct of Client Corporation) with a focus on the many hats that in-house and transactional lawyers wear; give you the tools to decipher what

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