Virginia CLE Course Catalog

ABA Ethics Rule 1.1 and Electronic Data Discovery

Price: $19.99

This course explores the intersection of ABA Model Rule 1.1 and Electronic Discovery (E-Discovery), emphasizing the need for attorneys to stay technologically competent in a rapidly evolving digital landscape. It delves into the ethical and legal obligations attorneys must uphold when handling electronically stored information (ESI), including best practices for data preservation, metadata management, cybersecurity, and cross-border discovery challenges. The course examines the growing role of artificial intelligence, predictive coding, and cloud storage in modern litigation, highlighting both the efficiencies they provide and the risks they present. Special attention is given to privacy laws, ethical considerations in data collection, and the importance of defensible deletion strategies. By integrating discussions on proportionality principles, cost-shifting, and spoliation risks, this course equips attorneys with the necessary tools to navigate digital evidence effectively while ensuring compliance with ABA ethical standards. Ultimately, it underscores the importance of ongoing legal education and collaboration with technology experts to maintain competence and uphold the integrity of the legal profession.

Credits:

Course Agenda:

• ABA Rule 1.1 Overview
• Defining Technological Competence Under ABA Rule 1.1
• Ethical Considerations in E-Discovery for Legal Professionals
• Preservation Obligations and Best Practices in E-Discovery
• Metadata: Importance, Risks, and Ethical Handling
• Privacy Rights and Data Protection Regulations in E-Discovery
• Cross-Border E-Discovery Challenges and Data Transfer Restrictions
• Emerging E-Discovery Software Tools and Platforms
• Cloud Storage Implications for Preserving and Collecting ESI
• Social Media Data Collection and Litigation Strategy
• BYOD (Bring Your Own Device) Policies and Their Impact on E-Discovery
• Cost-Shifting and Proportionality Principles in E-Discovery
• Spoliation, Sanctions, and the Duty to Preserve Electronic Evidence
• Artificial Intelligence and Predictive Coding (TAR) in Document Review
• Early Case Assessment (ECA) Techniques and Technology
• Defensible Deletion and Information Governance
• Chain of Custody Protocols for Digital Evidence
• Maintaining Client Confidentiality in a Technologically Advanced Practice
• Cybersecurity Best Practices for Law Firms Handling ESI
• Data Collection Techniques: Forensic vs. Non-Forensic Approaches
• E-Discovery in Criminal vs. Civil Litigation
• Global Regulatory Frameworks Affecting E-Discovery
• Search Methodologies: Keyword Search vs. Conceptual Search
• Effective Review Management and Workflow Solutions
• Collaboration Tools, Virtual Meetings, and Remote Data Collection
• Metadata Redaction and Production Protocols
• Ethical Responsibilities When Outsourcing E-Discovery Tasks
• Proactive Legal Project Management for E-Discovery Readiness
• Quality Control Measures in Technology-Assisted Review
• Attorney Continuing Education (CLE) Requirements for Tech Competency
• Future Trends in E-Discovery and Technological Evolution in Legal Practice

Course Presenter(s):

• Berry Crawford

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

Anxiety and Substance Abuse in the Legal Profession - Live Webcast

Price: $24.99

The course explores the significant issue of anxiety-driven substance abuse among legal professionals, highlighting factors such as chronic workplace stress, demanding billable-hour systems, cultural stigma surrounding mental health, and competitive legal environments. It examines commonly abused substances, including alcohol, prescription medications, and illegal drugs, as coping mechanisms for unmanaged anxiety. Additionally, the course delves into the severe consequences of substance abuse, including ethical violations, disciplinary actions, compromised client outcomes, and impaired decision-making. It emphasizes the critical role of supportive workplace policies, specialized treatment programs, lawyer assistance programs, mindfulness and resilience strategies, and proactive advocacy and education to address these challenges and promote healthier practices within the legal community​

Credits:

Course Agenda:

• Prevalence of Anxiety Disorders among Attorneys
• Types of Substances Commonly Abused by Lawyers
• Legal and Disciplinary Consequences for Substance-Abusing Lawyers
• Link Between High-Stress Legal Environments and Substance Abuse
• Impact of Billable Hours and Productivity Pressure on Anxiety
• Mental Health Stigma in the Legal Field
• Role of Burnout and Compassion Fatigue in Substance Abuse
• How Anxiety Influences Lawyers' Decision-Making and Performance
• Law School Environment and Early Onset of Anxiety Disorders
• Anxiety Disorders and Substance Abuse among Judges
• Gender Differences in Anxiety-driven Substance Abuse among Attorneys
• The Role of Peer Pressure and Social Norms within Legal Circles
• Treatment and Recovery Options for Lawyers with Substance Abuse Issues
• Workplace Policies and Their Impact on Mental Health and Addiction
• Ethical Implications of Anxiety-Related Substance Abuse in the Legal Profession
• Bar Associations' Role in Addressing Anxiety and Substance Abuse
• Impact of Lawyer Anxiety and Substance Abuse on Client Outcomes
• Self-medication Practices among Attorneys Experiencing Anxiety
• Role of Isolation and Lack of Support Systems in Anxiety-driven Substance Abuse
• Impact of Anxiety and Substance Abuse on Career Progression in Law
• Coping Mechanisms and Preventative Strategies for Attorneys
• Relationship between Anxiety Disorders, Substance Abuse, and Professional Malpractice
• The Intersection of Anxiety Disorders, Substance Abuse, and Depression among Lawyers
• The Influence of Firm Culture on Attorney Mental Health
• High-profile Case Anxiety and its Relation to Substance Abuse
• Role of Lawyer Assistance Programs (LAPs) in Intervention and Recovery
• Influence of Competitive and Adversarial Legal Environments on Anxiety
• Mindfulness, Resilience Training, and Anxiety Reduction Strategies
• Economic Costs and Consequences of Substance Abuse in Legal Firms
• Connection between Attorney Anxiety, Substance Abuse, and Suicide Risk
• Improving Awareness, Education, and Advocacy for Mental Health in the Legal Community

Course Presenter(s):

• Berry Crawford

Client Confidentiality and Ethical Electronic Data Discovery

Price: $19.99

This course, "Client Confidentiality and Ethical Electronic Data Discovery," provides a comprehensive exploration of ABA Model Rule 1.6 and its implications for legal professionals handling electronically stored information (ESI). It emphasizes the duty of attorneys to protect client confidences, highlighting key ethical challenges posed by emerging technologies, data discovery, and e-discovery processes. Participants are introduced to strategies for safeguarding sensitive information, such as metadata management, secure cloud storage, encryption, and the use of ethical screening software. The course also addresses practical measures for managing confidentiality in situations involving litigation holds, third-party vendors, social media data, and privilege logs, offering actionable solutions for reducing risks. By underscoring the importance of technological competence, the curriculum equips attorneys to navigate complex legal landscapes while upholding their ethical obligations. From proactive planning to disaster recovery, this course fosters a thorough understanding of how to balance transparency with confidentiality and prevent inadvertent disclosures. Through this knowledge, attorneys can enhance their professional integrity, client trust, and compliance with ABA ethical standards in an increasingly digital legal environment.

Credits:

Course Agenda:

• Rule 1.6 Overview
• Balancing confidentiality and transparency
• Metadata disclosure
• Cloud storage practices
• Encryption standards
• Data breach notification
• Device security protocols
• Third-party vendors
• Cross-border data transfers
• Email attachments and confidentiality
• Secure file-sharing platforms
• Social media data in discovery
• Preventing inadvertent waiver of privilege
• Litigation holds and client communications
• Spoliation risks
• Remote work challenges
• Data minimization strategies
• Ethical screening software
• Collaboration tools in discovery
• Outsourcing document review
• Retrospective metadata cleanup
• Client education on data security
• Emerging technologies (AI, machine learning)
• BYOD (bring your own device) policies
• Dark web monitoring
• Phishing and social engineering
• Privilege logs in e-discovery
• Disaster recovery plans
• Whistleblower data and confidentiality
• Using analytics tools

Course Presenter(s):

• Berry Crawford

Diversity Inclusion and Implicit Bias in Attorney Performance Evaluations - Live Webcast

Price: $24.99

This course explores the critical issues of diversity, inclusion, and implicit bias in attorney performance evaluations within legal organizations. It addresses how implicit biases, unconscious attitudes or stereotypes, can significantly affect fairness in performance reviews, particularly regarding gender, race, communication styles, leadership perceptions, and intersectional identities. Throughout, it emphasizes the importance of identifying biases through quantitative and qualitative methods, promoting transparency, and implementing structured evaluation frameworks and regular bias training. Additionally, the course highlights the negative impact biases have on career trajectories, promotions, compensation decisions, and perceptions of competence and credibility. Effective strategies to mitigate bias include employing standardized metrics, diverse evaluation panels, anonymous assessments, and technology-driven solutions like artificial intelligence. Ultimately, the course advocates for accountability and proactive measures to foster equitable evaluations and inclusive organizational cultures.

Credits:

Course Agenda:

• Identifying Implicit Bias in Attorney Performance Reviews
• Gender Bias and Performance Assessment in Law Firms
• Racial Bias in Associate-to-Partner Promotion Decisions
• Impact of Implicit Bias on Perceived Competence and Credibility
• Strategies to Mitigate Implicit Bias during Performance Evaluations
• Bias in Assessing Communication Styles in Lawyers
• Subjectivity versus Objectivity in Legal Performance Reviews
• Intersectional Bias: Evaluating Lawyers with Multiple Marginalized Identities
• Implicit Bias and Performance Expectations for Attorneys of Color
• Bias and Its Effect on Career Trajectories of Minority Attorneys
• Cultural Bias in Defining Legal Leadership Qualities
• Effects of Implicit Bias Training on Legal Supervisors and Evaluators
• Implicit Bias in Client Feedback and Its Influence on Lawyer Evaluations
• The Role of Implicit Bias in Assigning High-Profile Cases
• Impact of Bias in Compensation Decisions Based on Evaluations
• Implicit Bias and Perceptions of Professionalism in Legal Settings
• Performance Evaluation Metrics and Their Susceptibility to Bias
• Implicit Bias in Peer Reviews and 360-degree Evaluations
• Bias and the Assessment of Attorney Potential versus Proven Results
• Addressing Implicit Bias in Mentoring and Development Feedback
• Evaluating the Effectiveness of Anonymous Evaluations to Reduce Bias
• Implicit Bias and Stereotypes Affecting Lawyers with Disabilities
• Influence of Implicit Bias on Assessment of Work-Life Balance Choices
• Challenges in Evaluating Cross-Cultural Competence in Attorneys
• Implicit Bias and the Over-scrutiny of Marginalized Attorneys? Mistakes
• Best Practices for Fair and Inclusive Performance Reviews in Legal Organizations
• Implicit Bias in Evaluation of Leadership and Managerial Skills
• Comparing Implicit Bias Impact Across Small, Mid-sized, and Large Law Firms
• The Role of Technology and AI in Reducing Bias in Performance Evaluations
• The Long-term Consequences of Biased Performance Evaluations in Legal Careers
• Creating Accountability Systems for Bias Reduction in Legal Performance Assessments

Course Presenter(s):

• Berry Crawford

Reducing Substance Abuse with Mindfulness for Attorneys

Price: $19.99

This course about Reducing Substance Abuse with Mindfulness for Attorneys will explore ten topics that are relevant to attorneys. First, the course will explore mindfulness meditation to reduce stress and substance abuse among U.S. attorneys. Next, the course will investigate incorporating mindfulness techniques in legal practice to combat substance dependency. The course will then explore mindful breathing exercises to alleviate substance cravings for lawyers. After this, the course will investigate ethics and responsibilities: attorneys practicing mindfulness to prevent substance abuse. Next, the material will cover mindfulness-based stress reduction for attorneys battling substance dependence. The course will then turn towards law firm culture: encouraging mindfulness to mitigate substance abuse risks. Next, the course will investigate mindfulness training for lawyers on sustainable recovery from substance abuse. The course will then explore jury trials: using mindfulness to manage anxiety and reduce substance dependency. The course will next investigate integrating mindfulness into continuing legal education for substance abuse prevention. Lastly, the material will cover attorney wellness programs: mindfulness as a tool to combat substance abuse.

Credits:

Course Agenda:

• The Scope of the Problem of Substance Abuse in the Legal Profession
• Mindfulness Meditation to Reduce Stress and Substance Abuse Among U.S. Attorneys
• Incorporating Mindfulness Techniques in Legal Practice to Combat Substance Dependency
• Mindful Breathing Exercises to Alleviate Substance Cravings for Lawyers
• Ethics and Responsibilities: Attorneys Practicing Mindfulness to Prevent Substance Abuse
• Mindfulness-Based Stress Reduction for Attorneys Battling Substance Dependence
• Law Firm Culture: Encouraging Mindfulness to Mitigate Substance Abuse Risks
• Mindfulness Training for Lawyers on Sustainable Recovery from Substance Abuse
• Jury Trials: Using Mindfulness to Manage Anxiety and Reduce Substance Dependency
• Integrating Mindfulness into Continuing Legal Education for Substance Abuse Prevention
• Attorney Wellness Programs: Mindfulness as a Tool to Combat Substance Abuse

Course Presenter(s):

• Berry Crawford

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.