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Programs in Ethics & Professionalism



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What It Takes to be a Trial Lawyer If You’re Not a Man: The Ethical, Professional, and Personal Costs of Confronting Gender Bias in the Courtroom

Program Number: 2906 Presenter: Lara Bazelon

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Today, women make up more than one half of all law school graduates. Yet they remain dramatically underrepresented at the top echelons of the profession. Two thirds of state and federal judges are men, as are 83 percent of elected prosecutors; less than one percent are women of color. In the majority of law firms, large and small, women make up only a fraction of the powerful inner circle: partners who bring in clients, lead litigation teams, and sit on powerful management and compensation committees. In the coveted position of first chair at trial, the number of women shrinks further. In this MCLE, law professor and trial lawyer Lara Bazelon explores the systemic gender bias exhibited by judges, opposing counsel, jurors, or the clients themselves that impedes women’s

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Detecting Bias: Model Rule of Professional Responsibility 8.4(g) Viewed Through the Lens of Sherlock Holmes Movies and Television

Program Number: 2861 Presenter: Gregory R. Hanthorn, Esq., Daniel J. Merrett, Esq., Joanna Heiberg Sutton, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Hidden bias is difficult to root out. We are all incapable of completely impartially examining our reasons for acting; that’s why hidden bias is “hidden.” This CLE program seeks to explore differences between “bias” and “deduction and inference” through the innovative technique of following alongside one of fiction’s great ratiocinators – Sherlock Holmes. Using video clips from decades of Sherlock Holmes movies and television episodes our Moderator and Panelists will take you on a guided tour through ways in which Holmes, Watson, London and rural police inspectors and constables have either fallen prey to bias or avoided bias by thinking clearly. The end result? The program presents a series of positive and negative examples of interacting with the ABA’s amended Model Rule addressing bias and beyond.

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From Murder To Museums: Abraham Lincoln, Adolf Hitler and The Hunt For Nazi Looted Art In America-Current Legal Controversies Over Nazi Art Looting

Program Number: 2857 Presenter: Samuel A. Blaustein, Raymond Dowd

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Museums today acknowledge that significant amounts of Nazi-looted art may have found its way into collections supported by U.S. taxpayers. The United States and its Allies fought World War II, promising, in victory, to undo the horrors of Nazism. At Nuremberg, Nazis were tried based on international law, which, in turn was based on the Lieber Code, Abraham Lincoln’s Executive Order 100 of April 23, 1863 which forbid taking the cultural property of the enemy. In 1998, in the wake of District Attorney Robert Morgenthau’s spectacular seizure of two paintings by the artist Egon Schiele at New York’s Museum of Modern Art, forty-four nations gathered in Washington D.C. at the Washington Conference on Nazi Confiscated Artwork to agree that in cases of artworks, the true owners should

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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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