Tennessee CLE Course Catalog

And Then There is FRAUD

Price: $19.99

This course is an examination of FRAUD and an analysis of legal trends and legislative solutions intended to bring attention to today's legal practitioners, through real-world examples, of the dangers of swatting, deep fakes, crypto-currency, and other fraud on the internet and other routine transactions, to better protect their clients and improve quality of life.

Credits:

Course Agenda:

Course Presenter(s):

• Greg Woods, J.D.

Artificial Intelligence and Electronic Discovery

Price: $19.99

This course about Electronic Discovery and Artificial Intelligence in Practice of Law will explore ten topics that are relevant to attorneys. First, the course will explore ai-powered document review for legal discovery efficiency. Next, the course will investigate predictive coding in e-discovery: accuracy and ethical implications. The course will then explore using machine learning to identify privileged information. After this, the course will investigate automating legal hold notices with artificial intelligence. Next, the material will cover evaluating ai algorithms for relevance in e-discovery processes. The course will then turn towards impact of ai on e-discovery costs and time management. Next, the course will investigate challenges of integrating ai in small law firms' e-discovery. The course will then explore regulatory compliance for ai use in legal e-discovery. Lastly, the material will cover data privacy concerns in ai-driven e-discovery procedures.

Credits:

Course Agenda:

• AI-Powered Document Review for Legal Discovery Efficiency
• Predictive Coding in E-Discovery: Accuracy and Ethical Implications
• Using Machine Learning to Identify Privileged Information
• Automating Legal Hold Notices with Artificial Intelligence
• Evaluating AI Algorithms for Relevance in E-Discovery Processes
• Impact of AI on E-Discovery Costs and Time Management
• Challenges of Integrating AI in Small Law Firms? E-Discovery
• Regulatory Compliance for AI Use in Legal E-Discovery
• Data Privacy Concerns in AI-Driven E-Discovery Procedures

Course Presenter(s):

• Berry Crawford

Attorney Civility and Professionalism

Price: $19.99

Why is this important? The adversarial process can be taken to extremes, to where it may become an internal aspect of a firm's culture. This obstructs the kind of cooperation that can ease and expedite workloads. It's also been shown to create a level of stress that is extremely unhealthy; including life-threatening issues. Furthermore, we've all heard the expression ?you catch more flies with honey,? and yet the singular adversarial approach works against this. We need to recognize that this approach is only one tool in the toolbox, and you have access to many more. In addition, adding these tools will positively impact your success, health, and income.

Credits:

Course Agenda:

• I. The Problem - Working too hard for stable income.
• II. The Solution - supercharging our negotiating skills.
• III. Implementation
• A. Mind Prep ? The Empty Cup (synopsis of the Koan)
• 1. Tempo / Pace - The Cues.
• 2. Primary Processing Center (fear, need, control)
• 3. Thinking vs. Emotions in decision-making
• IV. Summary
• A. Adjusted Responses

Course Presenter(s):

• Russell Jackman, Esq.
• Ian Blei

Common HR Concerns in the Workplace

Price: $19.99

In "Common HR Concerns in the Workplace," HR specialist and business consultant Ginny Kuehl, and attorney Russell Jackman discuss specific HR issues affecting law offices, identify issues of Violence and Sexual Harassment in the Workplace in all businesses and provide a review of OSHA and other rules and regulations of which lawyers should be aware. They offer valuable advice on how to recognize and address workplace Violence and Sexual Harassment situations so as to minimize risks for employers and employees alike.

Credits:

Course Agenda:

• Sexual Harassment/Hostile Work Environment/ Bullying
• Can be a claim for hostile work environment and lead to workplace violence
• Negative Health Consequences of Bullying
• WOKPLACE VIOLENCE & A PREVENTION PLAN
• Root Causes
• A good predictor of future behavior is past behavior ? be aware
• Behaviors of concern
• WOKPLACE VIOLENCE PREVENTION PLAN
• Who is Covered?
• Create a Workplace Violence Prevention Plan
• Incorporate Injury and Illness Prevention Program Requirements
• Train Employees
• Record Incidents of Violence
• Properly Maintain Records

Course Presenter(s):

• Russell Jackman, Esq.
• Ginny Kuhel

Computer Security Trends for Attorneys and Law Offices

Price: $19.99

In keeping with the intent of the ABA Rules, it is important for all attorneys to stay up to date on matters of material importance to their practice, this discussion updates our previous program informing attorneys about the ongoing trends in Legal Technology for Computer Security Trends. This will include discussion about the 2023 ABA Resolutions 608-610, the increasing use of AI for both positive and negative uses in the legal realm, the upcoming transition from windows 10 to windows 11 and some tips/trends to keep an eye on in the near future.

Credits:

Course Agenda:

• Trends in Computer Security in the Mid 2020?s
• ABA Meeting 2023 ? Resolutions 608-610
• Other trends in computer security
• Survey Results Show AI Dominates
• The use of AI brings many benefits to firms
• Safeguards for AI
• The Rise of Quantum Computing and Its Impact on Cybersecurity
• Windows 10 Transition to Windows 11
• Conclusions: Top Cybersecurity Tips for Attorneys

Course Presenter(s):

• Russell Jackman, Esq.

Economic Analysis in Employment Matters

Price: $19.99

Dr. Jouganatos discusses the appropriate benefits to include in loss calculations, the discount rate, wage growth rate, earnings basis, present value calculations, mitigation issues including inferior employment, and hearsay problems as well as adverse tax consequences of a lump-sum award or settlement. Methods of computing loss of benefits and pensions, are discussed, among other issues. He also discusses his approach when undertaking cases. Through this course, attorneys will have a greater understanding of the elements of economic analysis in employment matters.

Credits:

Course Agenda:

• Compensatory Damages
• Loss of earnings (all forms of compensation) past and future Benefits, including pension.
• No loss of Social Security possible
• The Calculations
• Historic Loss ('back pay')
• Present Value of Future Loss ('front pay')
• The Main Components
• Worklife
• Discount Rate
• Net discount rate
• Tax issue
• Wage growth rate
• Inflation rate
• Salary or compensation basis
• Other Issues
• Pension
• Health Benefits
• Social Security
• Unused vacation
• Mitigation of loss
• Taxes
• Punitive Damages
• Economic analysis only in assessing defendant's financial condition
• Credit Score Damage

Course Presenter(s):

• George Jouganatos

Electronic Discovery and the Cloud in the Practice of Law

Price: $19.99

This course about electronic discovery and the cloud in practice of law will explore ten topics that are relevant to attorneys. First, the course will explore legal implications of cloud storage in electronic discovery. Next, the course will investigate data privacy challenges in cloud-based electronic discovery. The course will then explore preservation obligations in cloud-stored electronic evidence. After this, the course will investigate accessing and securing cloud data in legal investigations. Next, the material will cover compliance with esi protocols in cloud environments. The course will then turns towards impact of gdpr on U.S. cloud discovery practices. Next, the course will investigate authenticity verification of cloud-stored legal documents. The course will then explore cloud service provider agreements in ESI management. The course will next investigate legal ethics in using cloud platforms for ediscovery. Lastly, the material will cover cost-effective cloud solutions for small law firms.

Credits:

Course Agenda:

• Legal implications of cloud storage in electronic discovery.
• Data privacy challenges in cloud-based electronic discovery.
• Preservation obligations in cloud-stored electronic evidence.
• Accessing and securing cloud data in legal investigations.
• Compliance with ESI protocols in cloud environments.
• Impact of GDPR on U.S. cloud discovery practices.
• Authenticity verification of cloud-stored legal documents.
• Cloud service provider agreements in ESI management.
• Legal ethics in using cloud platforms for eDiscovery.
• Cost-effective cloud solutions for small law firms.

Course Presenter(s):

• Berry Crawford

Ethics of Bankruptcy in the Practice of Law

Price: $19.99

This course about ethical issues of bankruptcy in the practice of law will explore ten topics that are relevant to attorneys. First, the course will explore conflicts of interest in bankruptcy client representation. Next, the course will investigate disclosure requirements for attorneys in bankruptcy cases. The course will then explore ethical dilemmas in advising clients about bankruptcy fraud. After this, the course will investigate transparency and honesty in bankruptcy petitions filed by lawyers. Next, the material will cover attorney fees and ethical concerns in bankruptcy proceedings. The course will then turn towards duty of competence in handling bankruptcy matters. Next, the course will investigate confidentiality issues in bankruptcy practice. The course will then explore attorney responsibility in reporting client misconduct in bankruptcy. The course will next investigate fraudulent transfers and lawyer ethical boundaries. Lastly, the material will cover misrepresentation of bankruptcy exemptions by legal practitioners.

Credits:

Course Agenda:

• ABA Rules 1.1, 1.6 and 1.7
• Conflicts of Interest in Bankruptcy Client Representation
• Disclosure Requirements for Attorneys in Bankruptcy Cases
• Ethical Dilemmas in Advising Clients About Bankruptcy Fraud
• Transparency and Honesty in Bankruptcy Petitions Filed by Lawyers
• Attorney Fees and Ethical Concerns in Bankruptcy Proceedings
• Duty of Competence in Handling Bankruptcy Matters
• Confidentiality Issues in Bankruptcy Practice
• Attorney Responsibility in Reporting Client Misconduct in Bankruptcy
• Fraudulent Transfers and Lawyer Ethical Boundaries
• Misrepresentation of Bankruptcy Exemptions by Legal Practitioners

Course Presenter(s):

• Victor Perri, Esq

Implicit Bias and Bias Identification Strategies

Price: $19.99

Attorney Steven Nielsen focuses on bias-reduction strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases he addresses are "Heightism," and "Elitism." He discusses the impact these biases have on the legal profession and society writ large.

Credits:

Course Agenda:

• Initial Discussion ? Biases
• Definitions of Bias
• Why does humanity face this challenge?
• Advantages of being in a group
• The Robber?s Cave Experiment
• Types of Implicit or unconscious bias
• Explicit Bias
• Impact of Implicit, Explicit and Systemic Bias on the Legal System
• Actionable steps licensees can take to recognize and address their own implicit biases
• Height Discrimination ? Heightism
• Elitism Bias
• Ageism
• Distinguished Surname Bias or, simply, Name Bias
• Caste Bias
• Financial Bias
• The protected classes are just a start
• Can we learn to withhold judgment ?

Course Presenter(s):

• Steven A Nielsen

Preparing Your First Appeal: From Opening Brief to Oral Argument

Price: $19.99

This course provides a comprehensive overview of the appellate process in civil law, emphasizing its significance for solo and small practice litigators. It covers fundamental aspects such as what decisions can be appealed, the distinctions between trial and appellate courts, and the procedural rigor required in appellate practice. The discussion includes key considerations for deciding whether to appeal, ethical responsibilities in advising clients, and the importance of timely communication. It also addresses practical elements like filing notices of appeal, the structure of opening briefs, and the critical role of oral arguments. Additionally, this course highlights the necessity of understanding local court rules, maintaining a high-level tone, and being precise with citations. It underscores the importance of protecting a trial win and provides insights through the case study of Pinter-Brown v. Regents of the University of California, illustrating the complexities and strategic considerations inherent in the appellate process.

Credits:

Course Agenda:

• The Appeal Process
• When Should an Advocate File an Appeal?
• When You Protect a Win on Appeal
• Logistics and Deadlines
• Writing the Opening Brief
• Standard of Review
• Be Sure to Specify What You are Asking For
• Protecting a Win
• Oral Argument
• Pinter-Brown v. Regents of the University of California

Course Presenter(s):

• David Graulich, Esq.

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

Rule 1.1 Competence - A Case Law Exploration

Price: $19.99

The American Bar Association (ABA) Model Rules of Professional Conduct, first adopted in 1983, represent a comprehensive framework for ethical legal practice in the United States. ABA Rule 1.1: Competence is a fundamental ethical requirement in the American Bar Association's Model Rules of Professional Conduct that mandates lawyers to provide competent representation to their clients. Competence means having the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. This rule underscores the importance of lawyers maintaining their legal skills through continuous study and education. It ensures that clients receive professional and adequate legal services, protecting their legal rights and interests. Violations of this rule can lead to disciplinary actions against lawyers, emphasizing the rule's critical role in maintaining the integrity and quality of the legal profession. This course will explore different facets of this rule by examining important cases such as Strickland v. Washington (1984), Nix v. Whiteside (1986), and Roe v. Flores-Ortega (2000).

Credits:

Course Agenda:

• ABA Model Rules of Professional Conduct Overview
• Rule 1.1: Competence Overview Discussion
• Strickland v. Washington (1984)
• Nix v. Whiteside (1986)
• Strickland v. Washington (1984)
• Roe v. Flores-Ortega (2000)
• Padilla v. Kentucky (2010)
• Rompilla v. Beard (2005)
• Wiggins v. Smith (2003)
• Bell v. Cone (2002)
• Mickens v. Taylor (2002)
• Florida v. Nixon (2004)
• Williams v. Taylor (2000)
• United States v. Cronic (1984)
• Togstad v. Vesely, Otto, Miller & Keefe (1980)
• Jones v. Barnes (1983)
• Cuyler v. Sullivan (1980)
• Burger v. Kemp (1987)
• Smith v. Murray (1986)
• Evitts v. Lucey (1985)
• Kimmelman v. Morrison (1986)

Course Presenter(s):

• Victor Perri, Esq

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.

The ABCs of the Remote Law Practice

Price: $19.99

Join lawyers Jacob Stein, Diane Camacho, Larry Cohn, and Michael Bono as they delve into the world of remote law practice in this enlightening discussion. Discover the advantages and practical tips for running a successful remote law firm, including:

• Benefits such as reduced overhead costs and reaching a wider client base.
• Overcoming common obstacles like breaking old habits and dispelling misconceptions about professionalism.
• Effective communication strategies for both individual and group meetings.
• Innovative business development tactics like hosting webinars and networking through joint ventures.
• Financial management essentials, including trust account separation and utilizing specialized software for bookkeeping and reporting.
• Embracing technology with cloud storage, practice management software, and document automation tools.
• Leveraging AI legal research and drafting tools like Co-Counsel, Spellbook, and GAVL to boost efficiency. Gain valuable insights from the speakers' own experiences as they share tips for embracing technology and ensuring the security and effectiveness of remote law practices.

Credits:

Course Agenda:

• Best accounting practices, with a focus on software that allows for remote approval of trust, AP and billing actions
• Technology for remote lawyers and firms, including document storage, why VPNs are bad, and best software
• Establishing a strong communication structure
• Developing a unified structure and delegating in a remote setting
• New economic models for remote law firms (virtual and distributed firms)
• The advantages of the new models over the traditional law firm model
• Leveraging AI for enhanced document management, legal research and contract analysis in remote law practices
• Optimizing client engagement and service delivery through AI-driven virtual assistance and predictive analytics
• Bolstering remote law practices with AI-powered e-discovery and knowledge management

Course Presenter(s):

• Jacob Stein, Esq
• Diane Camacho
• Michael Bono
• Lawrence Kohn

Trust Account Basics

Price: $19.99

This session will cover the practical aspects of managing Client Trust Accounts in a law firm and what profitability measures lawyers should be reviewing.

• Client Trust Account Protection Program [CTAPP]
• What reports should you have for your trust account?
• How should your trust account be reconciled?
• Common mistakes

Credits:

Course Agenda:

Course Presenter(s):

• Diane Camacho

Use NDR and Compare Alternatives to Earn Your Clients Informed Consent

Price: $19.99

In this engaging session, led by Rob Christopher, AV Preeminent rated litigation attorney, General Counsel and entrepreneur you will learn when and how you can use an innovative approach to address limited stakes cases.

The approach, Neutral Driven (Non-adversarial) Dispute Resolution provides attorneys with an alternative to litigation, arbitration or mediation for cases in which the amount at stake is less than the potential legal costs (attorney and court fees, time and stress) to resolve it.

Based on his 35+ year career as a successful litigator, Rob uses real world examples to demonstrate the ethical reasons to consider NDR as well as the long-term value of incorporating this approach into your practice.

The program includes background on NDR and how it differs from arbitration and media. Rob then describes NDR and give a hands-on demonstration an assessment you can use to determine value of using NDR for a particular case. It concludes with clear guidelines on when and how you can use Neutral Driven Dispute Resolution for long term wins with your clients.

Rob?s entertaining style, innovative and ethical approach to addressing limited stakes (often called "dog cases") make this a must take session for all client-centric attorneys.

Credits:

Course Agenda:

• Why an innovative approach is needed for limited stakes cases
• Growing gap in American Legal System - total cost of litigation
• Assessing the total cost of litigation for your case
• The Neutral Driven Dispute Resolution Process
• How NDR delivers value to client and attorney
• When and how to access NDR to win with your clients
• Common Questions
• Action Plan and Closing

Course Presenter(s):

• Rob Christopher