Utah 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.

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

Ethical Considerations During Mediation and Arbitration

Price: $19.99

In this course we will look at the ethical considerations that should be followed during the mediation and arbitration processes. First, we will review both mediation and arbitration at a high level and investigate what roles they play in the alternative dispute resolution process. We will then look at the ethical frameworks that have been developed by the American Bar Association for mediation and arbitration. We will finish the course by exploring real world scenarios of these principles in action by investigating specific cases where these issues arose.

Credits:

Course Agenda:

• Introduction
• Mediation Overview
• Arbitration Overview
• ABA Rules of Professional Responsibility
• ABA Model Standards of Conduct for Mediators
• ABA Arbitration Code of Ethics
• Case Law

Course Presenter(s):

• David Graulich, Esq.

Ethical Issues During the Discovery Process

Price: $19.99

In this course we will look at the ethics of the discovery process as it pertains to Interrogatories and Document Production. First we will review what the discovery process entails and how it fits into the overall litigation picture. We will next look at the relationship between the courts and the discovery process. Next, we will look at the ABA rules and Federal Rules of Civil Procedure which are the sources of rules regarding the discovery process. We will then look in detail at various cited cases that resolved around these discovery process rules. Lastly we will look at a taxonomy of discovery abusers and investigate some practical considerations for litigators.

Credits:

Course Agenda:

• What is the discovery process?
• The Courts and Discovery
• ABA Rules of Professional Responsibility
• Federal Rules of Civil Procedure
• Case Law
• Taxonomy of Discovery Abusers
• Practical Considerations

Course Presenter(s):

• David Graulich, Esq.

Ethical Issues When Taking or Defending Depositions

Price: $19.99

In this course we will look at the ethics of the taking and defending depositions. First, we will review what the deposition process entails and how it fits into the overall litigation picture. We will next look at common unethical behaviors during depositions and investigate the breadth of the problem. Next, we will look at the ABA rules which are the sources of rules regarding the discovery process. We will then look in detail at various cited cases that illustrate unethical behavior during depositions. Lastly, we will look some practical considerations for litigators in dealing with ethical abusers during depositions and also ways to look at our own behavior.

Credits:

Course Agenda:

• Depositions Overview
• Unethical Behavior During Depositions
• ABA Rules of Professional Conduct
• Case Law
• Practical Considerations

Course Presenter(s):

• David Graulich, Esq.

Ethics and the Court of Public Opinion

Price: $19.99

Calculated to increase awareness of significant issues impacting the integrity of the legal profession and public trust, the course examines high profile examples of wrongful behavior and traditional notions of moral character. From select sections of the Model Rules of Conduct and terms and concepts from the ethical tradition, it is an informed analysis of questionable decision making under difficult circumstances requiring practitioners to employ the highest standards of care, to preserve the rights and remedies of those they serve and promote the credibility of the justice system.

Credits:

Course Agenda:

Attorneys will benefit from the examination of the Model Rules of Conduct, increase awareness of issues and trends involving professional responsibility, and visit the harmful impact questionable behavior has on the public trust. To better deliver the constitutional imperative and improve their advocacy for the rights and remedies of those they serve, the result delivers a prescription for credibility of the judicial process and integrity of the justice system for practitioners in the United States. The overall value aspires to preserve civil rights, promote dignity of the profession, increase public trust, and improve quality of life.

Course Presenter(s):

• Greg Woods, J.D.

How to Write an Effective Mediation Brief

Price: $19.99

In this course we will look at the effective strategies in writing a mediation brief. A mediation brief is an underappreciated tool in setting the right tone in a mediation that balances a forceful legal argument and a stance of conciliation. A mediation brief is also an important opportunity to educate the mediator that increased the change of both sides reaching an agreement.

Credits:

Course Agenda:

• Introduction
• Share or not to share
• Why share
• Avoid repurposed legal documents
• Summarize facts efficiently
• Cite case law appropriately
• Set the proper tone
• Look to persuade not to put off
• Imagining and addressing what the other side needs
• Don?t overlook mediation history
• What happens prior to mediation?
• Address obstacles to settlement
• Propose workable creative solutions

Course Presenter(s):

• Bruce Edwards

Neutral-Driven Dispute Resolution: NDR

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 legal disputes in a way that is cost-effective for clients.

The approach, Neutral-Driven (Nonadversarial) Dispute Resolution (NDR) provides attorneys and their clients with an alternative to litigation, arbitration, or mediation for resolving cases in which potential legal and related costs threaten to consume the amount at stake.

Based on his 40+ year career as a successful litigator, businessperson, and now General Counsel, Rob uses thoughtful analysis and real world examples to demonstrate both ethical reasons to consider NDR and long-term practical value to incorporating this approach into your practice.

The program covers what NDR is, how it works, where it comes from, how it differs from arbitration and mediation, and where it fits and doesn?t fit. In the process, Rob gives hands-on demonstrations of assessment tools you can use to determine if NDR makes sense in a particular case. The program concludes with clear takeaways on when and how you can use Neutral-Driven Dispute Resolution for real and lasting wins with your clients.

Rob's entertaining style and innovative and ethical approach to addressing limited stakes disputes make this a must-take session for all client-centric attorneys.

Credits:

Course Agenda:

• Why an innovative approach is needed for limited stakes cases
• The growing gap these cases cause in American civil justice
• The Neutral-Driven Dispute Resolution Process
• How NDR delivers value to client and attorney
• Estimating the total costs of litigation for your case
• When and how to access NDR to win with your clients
• Common Questions
• Action Plan and Closing

Course Presenter(s):

• Rob Christopher

NLRB Update

Price: $19.99

Labor law is currently in the news. High profile campaigns and issues involving many businesses we frequent are in the public eye. Because labor law has a broader scope and greater impact than many practitioners may realize, this program will address recent developments at the National Labor Relations Board on a variety of issues. The focus will be on several areas, including case rulings, expanding remedies for unlawful conduct, hot topic issues, as well as potential change to come through legislation, policy, and regulations. Even if you do not regularly practice before the National Labor Relations Board, this program provides insight on issues on NLRB's agenda which touch upon areas practitioners may have considered to be exclusively regulated by state or federal employment law.

Credits:

Course Agenda:

Areas of Development
• Case rulings
• Remedies
• Regulations
• Legislation

Cases
• American Steel (372 NLRB No. 23)
• ArrMaz Products (372 NLRB No. 12)
• Bexar Performing Arts Center (372 NLRB No. 28)
• Grill Concepts (372 NLRB No. 30)
• McLaren Macomb (372 NLRB No. 58)
• RAV Truck (372 NLRB No. 25)
• Sunbelt Rentals (372 NLRB No. 24)
• T-Mobile (371 NLRB No. 163)
• Tesla (371 NLRB No. 131)
• Thryv, Inc. (372 NLRB No. 22)
• Troutbrook Company (372 NLRB No. 26)
• Valley Hospital (371 NLRB No. 160)
• AFL-CIO v. NLRB
• NLRB v. Aakash

Pending Cases of Interest
• Stericycle - NLRB Case 4-CA-137660 on employee handbooks and workplace rules
• The Atlanta Opera - NLRB Case 10-RC-276292 on employee versus independent contractor status
• Amazon.com Services LLC - NLRB Case 29- CA-292392 on employer holding mandatory "captive audience" meetings
• Black Lives Matter cases
• Starbucks and injunction
• Amazon elections and charges
• And more

• Remedies
• Regulations
• Legislation
• Policy Efforts
• Landscape and Conclusion

Course Presenter(s):

• Thomas A. Lenz

Policing from Where we Are Today

Price: $19.99

The objective of this presentation is to identify and discuss key legal and social issues in the context of today's volatile society, with an emphasis on limitations on the use of force and legal remedies in response to police misconduct. The presenter discusses how current events give rise to cases in numerous legal areas, from Civil Rights violations, Constitutional Law, including freedom of speech and lawful (and unlawful) protests, and liability for damages from both protests and police misconduct. Moreover, the presenter discusses topical issues of vital importance, such as the ?defund? movement, which runs along a spectrum, from those in Minneapolis who would disband and rebuild their police department (on the theory that the current department?s culture is too pervaded by racism and violence), to those in New York City or Los Angeles who advocate reallocation of spending and reform of police practices. Ultimately these issues end up in Court, where lawyers must be leaders and help society solve these complicated issues. This program aims to increase awareness of the critical legal issues involved.

Credits:

Course Agenda:

• Problem: No trust.
• How to restore trust?
• Follow the law.
• Transparency + Accountability = Trust
• Access to justice?
• Purpose of Justice system?
• Duty of law enforcement?
• Social Contract: Safety and security in exchange for compliance with the law.
• Follow the law, receive safety and security.
• Reduced safety and security increases desperation.
• Desperate people behave desperately.
• Constitutional Imperative:
• Equal Protection under the law.
• Substantive Due Process: Life, Liberty & Property.
• Procedural Due Process: Notice & Hearing.
• Institutional Legitimacy questioned?
• Social Contract breached?
• Worst case scenario: An existential threat?
• Analysis: Why no trust?
• An inherently flawed system?
• The law doesn't work.
• Police use of force?
• Officer involved shootings?
• Inclusion/Access to justice?
• Solution: Change the law.
• Legislative solutions.
• AB 392 Police Use of Force (CA)
• SB 1421 Police Officer Release of Records (CA)

Course Presenter(s):

• Greg Woods, J.D.

Succession Planning and the Practice of Law

Price: $19.99

What are a lawyer?s ethical obligations to engage in succession planning? NOTE: While this program primarily uses California Rules and developments to illustrate the issues involved in this important area, the guidance and ethical examples provided are relevant to attorneys in every state, and comparable Opinions and Statutes are found in nearly every jurisdiction.

This discussion-format talk with Russell Jackman, Esq. and Don McCrae, Owner of Your Business Legacy, a specialist in helping attorneys close their practices, addresses the issues that are commonly dealt with by attorneys who may be considering closing their practices, retiring, or changing ownership to someone else. Don and Russ discuss strategies and ideas to deal with the challenges of closing up or migrating ownership of a law practice while still adhering to State Ethical Requirements.

Credits:

Course Agenda:

• What is succession planning?
• Why succession plan?
• Ethical and Moral Responsibilities to Succession Plan
• What are the Risks of NOT Succession Planning?
• Who should succession plan?
• When should I start succession planning?
• Succession planning goals
• The succession planning process
• How do I know my successor will succeed when I?m gone?

Course Presenter(s):

• Russell Jackman, Esq.
• Don McCrea, PhD

Through the Smoke: Legal Trends and Gun Violence

Price: $19.99

We are experiencing an epidemic of gun violence in this country.

The parents of a student killed in the 2018 massacre at Marjory Stone-man Douglas High School, in Parkland, Florida, the deadliest high school shooting in United States history, set up and tricked a former president of the National Rifle Association into giving a high school graduation speech defending gun rights in front of 3,044 empty chairs, one chair for each student who couldn?t graduate because they were killed by gun violence.

A political stunt? Perhaps, yet it effectively illustrates the severity of the problem. It further invites us to examine the legislative solutions we ap-ply to those societal problems that impact us most. We are living through a stress test exposing flaws inherent to our system of justice. (We look to the law to fix the flaws!)

With our time together today, we will examine contemporary legal trends in regard to the 1) problem related to Gun Violence, and 2) Legislative solutions in response to those problems, 3) Impacting the rights and remedies of so many, 4) Conclude: Take Away Observations) re: Impact on Practitioners.

Credits:

Course Agenda:

• Legal trends regarding gun violence
• The history of gun violence in the U.S.
• The trajectory of gun legislation
• Factors contributing to gun violence such as mental health, domes-tic violence, etc.

Course Presenter(s):

• Greg Woods, J.D.

Update on NLRB Cases, Guidance and Rulemaking

Price: $19.99

Credits:

Course Agenda:

Course Presenter(s):

• Thomas A. Lenz

Water Law: Water Rights, Droughts, and a Flood of Legal Issues

Price: $19.99

This program covers an array of legal, regulatory and policy topics involving California water supplies and related environmental issues, all of which implicate federal, state and local laws and regulations. California often serves as a model utilized by other states for some of these matters, making this discussion helpful for understanding what occurs throughout California and beyond. The program identifies different types of water rights, regulatory overlays from all levels of government and distinctions between surface and groundwater rights and rules. Also discussed is navigating through drought and climate change conditions when water demands may be high but supplies low. The presenter offers ideas looking ahead to avoid or resolve water resource disputes.

Credits:

Course Agenda:

Course Presenter(s):

• Wes Miliband

Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II

Price: $19.99

After recent years in which records have been set for both rain and lack of precipitation, Environmental and Water Law expert Wes Miliband discusses issues which arise when both drought and climate change create conditions over which populations have little control. To help attorneys proactively recognize and address these issues so as to prevent both legal disputes and damage to people and property in the future, Mr. Miliband raises awareness of how, and where, such disputes may arise. He addresses the basic system of water rights, tribal, military and Federal rights, key cases, how local, state and federal water agencies work and long term creative solutions for an uncertain future, such as ocean winds, desalination and other sustainable techniques.

Credits:

Course Agenda:

• Overview and Refresh from Part 1 (October 2021)
• Describe the key drivers behind California?s water system;
• Identify federal, state, and local agencies and their respective roles and responsibilities; and
• Provide an overview of the State?s water rights and water conveyance systems.
• Environmental laws affecting water supply allocation. Recent droughts, storm cycles and other current events impacting water supplies in California

Course Presenter(s):

• Wes Miliband