Tennessee CLE Course Catalog

ABA Ethics Rule 3.3 and Electronic Data Discovery

Price: $19.99

The course provides an in-depth exploration of ABA Model Rule 3.3 and its critical application to electronic discovery, emphasizing the attorney?s duty of candor toward the tribunal. It examines ethical obligations to disclose adverse legal authority and correct misrepresentations in both traditional and digitally stored evidence, addressing challenges such as metadata integrity, preservation of electronic evidence, and the complexities introduced by advanced technologies like AI, blockchain, and predictive coding. Additionally, the course discusses practical issues including client fraud, improper handling of encrypted or cloud-based data, and the ethical pitfalls of automated document review, ensuring that legal professionals are well-equipped to maintain the accuracy, transparency, and integrity of digital evidence in modern litigation.

Credits:

Course Agenda:

• Ethical obligations under Rule 3.3 in electronic discovery
• Duty to disclose adverse legal authority in e-discovery cases
• Consequences of failing to correct false statements in digital evidence
• The impact of metadata on candor toward the tribunal
• Attorney responsibilities in preserving electronic evidence
• Long term storage of data in tape format and Rule 3.3 compliance
• The duty to correct misrepresentations in electronically filed pleadings
• Ethical challenges in redacting electronic evidence
• The intersection of artificial intelligence and candor in e-discovery
• The role of predictive coding and transparency under Rule 3.3
• The duty to report client fraud involving electronic data
• The implications of deepfake evidence in legal proceedings
• Bias in Machine Learning Models
• The role of blockchain technology in ensuring truthfulness in e-discovery
• How privilege reviews impact attorney candor obligations
• The ethical implications of automated document review tools
• Duty to disclose changes in electronically stored information
• Challenges of maintaining integrity in cloud-based evidence
• The influence of social media evidence on candor obligations
• Forensic analysis and its role in ensuring honest e-discovery practices
• The use of email threading and its impact on candor obligations
• The responsibility of attorneys in handling encrypted evidence
• The duty to correct client misrepresentations about digital records
• How Rule 3.3 applies to data breaches and disclosures
• The ethical concerns of using ephemeral messaging in litigation
• The implications of self-collection of ESI on candor obligations
• The role of expert witnesses in ensuring truthfulness in e-discovery
• Duty to address inadvertent disclosure of privileged electronic documents
• The ethical concerns of automated contract analysis and Rule 3.3
• The impact of emerging technologies on the duty of candor in legal proceedings

Course Presenter(s):

• Berry Crawford

Reinvigorating the Lawsuit

Price: $19.99

Thomas Moukawsher, an experienced federal litigator and retired Connecticut complex litigation judge, shares lessons from his 40 years of trying cases in courts across the country. The lessons are based on Judge Moukawsher's 2023 book, The Common Flaw, Needless Complexity in the Courts and 50 Ways to Reduce It. The course confronts litigation flaws with practical solutions, beginning with the filing of the complaint and running through appeals court strategies and briefing.

Credits:

Course Agenda:

• The best complaints are comprehensible rather than needlessly comprehensive.
• Why summary judgment is the best pre-trial motion.
• Prepare to present your case, not needless motions in limine.
• Use trial admissions to focus the trial on the dispute, not the undisputed.
• Eliminate needless exhibits. They smother the important ones.
• Don't waste money on needless expert testimony.
• Propose a time clock.
• Make a point, not a muddle with prior testimony.
• Cross examine crisply, crushingly or not at all.
• Humanize overstuffed, bewildering jury charges and interrogatories.
• Substitute longer closing arguments for post-trial briefs.
• Make your brief writing literary, not technical.
• Choose appellate issues on quality rather than quantity.
• Rethink the billable hour.

Course Presenter(s):

• Thomas G. Moukawsher

Storytelling in the Courtroom

Price: $29.99

As a trial lawyer, what do you really need in order to win your case? Attention ? the jury's attention. I don't mean that in the narcissistic "everyone look at me" sense. When I say every trial lawyer wants more attention, what I mean is that before you can build a rapport with the jury and earn their trust, you have to fight a war ? the war for the jury's attention. "Attention" and "connection" are the key elements needed to win the minds and hearts of the jury.

Credits:

Course Agenda:

• My Story
• Left Brain/Right Brain? What's the difference?
• The Case for Storytelling
• Tips for Building Credibility with the Jury
• Lesson Learned from "8 Mile"
• Purpose of Opening
• Storytelling as the Device for Opening Statement

Course Presenter(s):

• Michael J. DeBlis III, Esq.

Storytelling in the Courtroom: Volume 1 - Part II

Price: $29.99

Like it or not, we are in the midst of an attention war. We need to confront the reality that the jury's attention can no longer be taken for granted. We have to change our way of thinking to focus on gaining attention before we can leave lasting impressions. The jury's attention must be the currency that every trial lawyer trades in. In this presentation, I will talk about how storytelling can help lawyers to cut through all of the noise and distractions of everyday life in order to connect to the jury on a human level.

Credits:

Course Agenda:

• Reducing Trial to Its Bare Bones
• Shifting Sands - How I View "My" Jury
• Opening Statement as Story
• Theory & Theme
• Organization for Opening
• Cast of Characters
• Perspective
• Two Basic Modes

Course Presenter(s):

• Michael J. DeBlis III, Esq.

Storytelling in the Courtroom: Volume 1 - Part III

Price: $29.99

Stories are told in two basic modes: (1) narrative summary and (2) scenes. Narrative summary is an overview. It?s an expository way of moving the audience along in the story. It?s very much ?telling.? Most Nineteenth Century novels begin with narrative summary. For example, ?It was the best of times, it was the worst of times.? It?s more conceptual than cinematic.

Credits:

Course Agenda:

Course Presenter(s):

• Michael J. DeBlis III, Esq.

Storytelling in the Courtroom: Volume 1 - Part IV

Price: $29.99

Kristin Linklater, one of the great voice instructors, puts it like this:?There?s a desire to speak?an impulse. It runs down the spinal column and through the central nervous system galvanizing simultaneously the breathing mechanism and the laryngeal mechanism into an activity that creates a vibration which is immediately amplified by surrounding resonating surfaces into voice. At the same time the impulse activates movements of lips and tongue that deliver words."

Credits:

Course Agenda:

Kristin Linklater
Speaking on the Breath
Effective Voice Principles for the Courtroom
The Sounding Body: Voice as Movement
The Power of Silence
Meisner on Silence
Tips: Emphasis & Impact Devices
We Have Five Senses, Not One - Don?t forget to actively engage the five senses!
How I Brainstorm a Case
Preparation Essentials for Trying a Criminal Case
Storytime
Disengaging

Course Presenter(s):

• Michael J. DeBlis III, Esq.