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Programs in New York - Experienced Attorneys Only



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“Trial Skills: Impeaching a Witness” Witness Credibility in the Age of Trump: Does Lying Matter? 

Program Number: 2836 Presenter: Benjamin S. Fischer, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Witness Credibility in the Age of Trump: Does Lying Matter? The art of witness impeachment is time-tested trial tool to determine witness credibility in criminal and civil cases. In criminal cases, the government frequently utilizes the testimony of cooperating witnesses to secure convictions. In doing so, those witnesses acknowledge their past misdeeds, including instances of dishonesty and untruthfulness. While historically, prosecutors sought to brush aside those acts of dishonesty by emphasizing that those acts occurred before the witness entered into the cooperation agreement, in today’s environment, in which citizens are confronted with whether their politicians or media outlets are telling the truth, juries may be looking at a witness’s history of truth telling with very close scrutiny in making credibility determinations. This CLE will examine tactics

$95.00Audio CD Add to Cart

Voir Dire: Skills and Techniques for Selecting a Jury

Program Number: 2835 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. Retired

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Trials are often won or lost based on the jurors selected. Tom Jackson and Mike Ginsberg continue their trial skills series, this time focusing on the steps to successful jury selection. The program, which will help you select the right jurors, covers use of themes and analogies to weed out jurors with an unconscious bias against your client or your themes.

$95.00Audio CD Add to Cart

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.

$95.00Audio CD Add to Cart

Cross Examination at Trial: The Art of Proper Questioning

Program Number: 2832 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. Retired

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Tom Jackson and Mike Ginsberg continue their series on various trial and litigation-related topics by focusing on cross examination skills in questioning witnesses at trials or hearings. The program addresses issues such as the lawyer’s demeanor, the language and word choices used, the tone of voice, the phrasing of questions, and the way to measure the importance of questions asked of witnesses.

$95.00Audio CD Add to Cart

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

$95.00Audio CD Add to Cart

TROs and Injunctions: A Refresher for In-House and Outside Lawyers

Program Number: 2825 Presenter: David Silva, Esq., Evan P. Singer, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** In this program for all in-house and outside lawyers and litigators, Evan Singer and David Silva, Jones Day, discuss the ins-and-outs of seeking a TRO, temporary injunction, and permanent injunction in Federal and State courts. Topics include an overview of the various forms of relief; ethical and strategic considerations to review prior to seeking an injunction; the mechanics of applying for relief; and practice tips to consider when seeking injunctive relief.

$95.00Audio CD Add to Cart

Ethical Issues in Mediation: Practice Pointers for Counsel and Mediators

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

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** 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)

$95.00Audio CD Add to Cart

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.

**** 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 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.

$95.00Audio CD Add to Cart

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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