Virginia Live CLE Bundle 2021

Most lawyers (if not all but a tiny percentage) would say, "I'd never even consider, much less engage in, sexual activity with a client, so why should I take a seminar titled 'Sexual Ethical Issues'"? The ethically responsible answer would be, "Even though you're certain you'd never engage In sexual activity with a client -- and thus have no need to learn about the 'ethics' or lack thereof concerning it, others may construe your ordinary behavior, conduct or attitude as manifesting sexual discrimination, harassment, intimidation, etc. or even as overtures for sexual activity, so taking the seminar would be useful even though it also includes material pertaining to sexual activity." 

The anti-discriminatory, anti-harassment aspect of the seminar focuses on ABA Model Rule 8.4 (or equivalent state-supreme-court rules), defining as "misconduct" any conduct evincing "harassment or discrimination based on… sex …, sexual orientation, [or] gender identity." Those rules are relatively uniform from state to state, but of course, their interpretation is generally a state-law issue rather than a federal-law issue. The sexual activity aspect of the seminar focuses on ABA Model Rule 1.8(j) (or equivalent state-supreme-court rules) governing sexual conduct by a lawyer with (or towards) a client. The content of this latter category of Rules varies quite a lot from one state to the next and a number of states have declined to adopt a rule specifically regulating sexual "activity."

The format of this program is a blend of the lecture method with the Socratic method, extensively involving a high degree of interactive participation and critical analyses of a wide range of issues relevant to the seminar subject in a manner not limited to mere chronological description of particular topics and sub-topics. In other words, the content of each seminar (and the order and extent of emphasis upon particular topics and sub-topics) will be substantially influenced by the nature and extent of interactive participation regarding specific aspects thereof. Depending on the number of participants in a particular seminar, the format usually results in most, if not all, participants verbally engaging in conversational-styled interactive discussion and/or analysis of particular topics in the seminar and also permits interruptions, questions, challenges, etc. throughout the seminar. Think of collegially enjoyable and enlightening round-table discussions. It's a form of learning by thinking in the course of interactively participating rather than learning solely by listening (the latter of which is the lecture method).

This course is designed for attorneys at any level who want to explore ethical issues regarding sexual conduct and discrimination.

Learning Objectives: 

• Refresh what should be every lawyer's common knowledge of unique aspects of the legal profession in contrast to all other professions, occupations, etc.: It's the effect of our Constitution's (and each state constitution's) vesting of "the judicial power" of the sovereign in its "Supreme Court" and its thereby incorporation of the evolutionary nature of the judiciary's common law inherent judicial power (i.e., sui generis power) to define, prescribe, and enforce educational, moral, ethical and civil standards for the practice of law and the status of lawyers as officers of the courts
• Recognize that in exercising such common law inherent judicial power (sui generis power) in an adversarial system created under common law, the supreme court of the sovereign (i.e., the U.S. Supreme Court and each state supreme court) creates structural and functional tools for the administration of justice -- i.e., rules of evidence, burdens of proof, procedural rules, and regulatory control over the conduct of attorneys
• Review that the judiciary generally encourages lawyers to participate actively in the regulatory control over the legal profession and the conduct of lawyers individually. Therefore, attorneys must keep abreast of such disciplinary and regulatory activities and, as much as possible participate (pro bono, of course) in actively and supporting such activities
• Examine types of conduct by an attorney that would constitute (or that might be construed as) harassment or unlawful discrimination regarding sex, gender, or orientation. Generally, there are not wide variations in the content (or interpretation) of the state-by-state versions of ABA Model Rule 8.4, defining as "misconduct" any conduct evincing "harassment or discrimination based on… sex …, sexual orientation, [or] gender identity."
• Explore types of conduct that would constitute (or that may be construed as) "misconduct" involving sexual activity with or towards a client under ABA Model Rule 1.8(j) or under varying state-by-state versions of such Rule (or in states that have declined to adopt any Rule specifically regulating the subject matter)
• Assess how assuming that any Rule or law governing "sex" and/or "sexual orientation" or "gender" ought to be construed by whatever is the current state of medical knowledge on matters such as "XY" and "XX" chromosomes, does the intrinsically pliable nature of terms such as "orientation" and "gender" thereby somehow render such chromosomal terminology pliable (rather than empirical, scientific descriptions of the biological status of males and females) even though the statistical variations (in XY and XX chromosomes) comprise incredibly tiny percentages of deviations from the norm? So, how should we view deviations from that norm? For example, under the Americans With Disabilities Act, such deviations prohibit different treatment unless it were to be reasonably warranted in the context of such treatment. For example, disqualification of a person with a severe peanut allergy from employment requiring close proximity to peanuts would not constitute an illegal form of "discrimination." Could the XX or XY status of a lawyer warrant different treatment without such treatment being deemed violative of the Rule 8.4 prohibition against sexual discrimination?

Course Time Schedule:

Eastern Time: 4:00 PM - 6:00 PM
Central Time: 3:00 PM - 5:00 PM
Mountain Time: 2:00 PM - 4:00 PM
Pacific Time: 1:00 PM - 3:00 PM
Alaska Time: 12:00 PM - 2:00 PM
Hawaii-Aleutian Time: 11:00 AM - 1:00 PM

This course is also being presented on the following dates:

Tuesday, April 8, 2025
Tuesday, April 15, 2025
Tuesday, April 22, 2025
Tuesday, April 29, 2025
Tuesday, May 6, 2025

It is important for attorneys to learn about challenges to legal ethics principles posed by lawyers succumbing to alcoholism and/or addiction and the ways in which the legal profession is currently seeking to prevent, or remedy, such problems. Even attorneys not suffering from alcoholism or addiction have a professional responsibility to learn about, and apply critical analysis to, the legal profession's ongoing efforts to prevent, or attempt to remediate, problems for this profession. Attorneys who are "recovering" from either condition (or both) can contribute valuable insights in an interactive seminar on the subject such as this seminar.

The format of this course is a blend of the lecture method with the Socratic method extensively involving a high degree of interactive participation and critical analyses of a wide range of issues relevant to the subject of the seminar in a manner not limited to mere chronological description of particular topics and sub-topics. Depending on the number of participants in a particular seminar, the format usually results in most, if not all, participants verbally engaging in conversational-styled interactive discussion and/or analysis of particular topics in the seminar and also permits interruptions, questions, challenges, etc. throughout the seminar. Think of collegially enjoyable and enlightening round-table discussions. It's a form of learning by thinking in the course of interactively participating rather than learning solely by listening (the latter of which is the lecture method).

Any attorney who is required to attend a CLE seminar on "substance abuse" and any other attorney recognizing the professional responsibility to understand how the legal profession and the courts are currently seeking to (a) reduce the number of lawyers succumbing to such problems, (b) provide effective remedial assistance when needed, and (c) apply suitable disciplinary measures when necessary.

Learning Objectives: 

• Examine the effect of the Constitution's (and each state constitution's) vesting of "the judicial power" of the sovereign in its "Supreme Court" and its thereby incorporation of the evolutionary nature of the judiciary's common law inherent judicial power (i.e., sui generis power) to define, prescribe, and enforce educational, moral, ethical and civil standards for the practice of law and the status of lawyers as officers of the courts
• Explore how exercising such common law inherent judicial power (sui generis power) in an adversarial system created under common law, the supreme court of the sovereign (i.e., the U.S. Supreme Court and each state supreme court) creates structural and functional tools for the administration of justice -- i.e., rules of evidence, burdens of proof, procedural rules, and regulatory control over the conduct of attorneys
• The judiciary generally encourages lawyers to participate actively in the regulatory control over our profession generally and the conduct of lawyers individually. Therefore, each attorney has a duty to keep abreast of such disciplinary and regulatory activities and as much as possible to actively participate (pro bono, of course) in, and support, such activities
• Explore the "illness" nature of alcoholism or addiction
• Develop and implement regulatory measures to provide remedial assistance to those suffering from such illness, but do not let the goal of remediation to completely eclipse ethical (and moral) responsibility
• Analyze how the public perceives the legal profession as a "self-regulating" profession" and how this underscores the duty of the legal profession to handle  this regulatory responsibility in ways that increase, rather than diminish, the public's confidence in our legal system
• Recognize the legal profession’s duty to avoid letting compassion unduly repress the sense of responsibility to protect the justice system from the too-widespread perception among the public that lawyers can always avoid the consequences of their own shortcomings or misconduct

Course Time Schedule:

Eastern Time: 1:00 PM - 3:00 PM
Central Time: 12:00 PM - 2:00 PM
Mountain Time: 11:00 AM - 1:00 PM
Pacific Time: 10:00 AM - 12:00 PM
Alaska Time: 9:00 AM - 11:00 AM
Hawaii-Aleutian Time: 8:00 AM - 10:00 AM

This course is also being presented on the following dates:

Tuesday, April 8, 2025
Tuesday, April 15, 2025
Tuesday, April 22, 2025
Tuesday, April 29, 2025
Tuesday, May 6, 2025

This course will enhance attorneys' communication skills across various professional contexts and equip lawyers with practical strategies to improve their interactions with clients, colleagues, and the court.

Effective communication is crucial for lawyers in every aspect of their practice. This program will enhance attorneys' ability to convey information clearly and persuasively, improving their interactions with clients, colleagues, and the court.

Participants will learn various types of communication, strategies for effective client and coworker interactions, and practical tips for both oral and written legal communication, including brief writing.

This program is designed for all practicing attorneys, from recent law school graduates to experienced practitioners, who want to improve their communication skills.

Learning Objectives:

• Assess the importance and fundamentals of effective communication in legal practice
• Identify and apply different types of communication relevant to legal contexts
• Develop strategies for clear and impactful client communication
• Implement best practices for professional communication with colleagues and court officials
• Examine techniques for giving and receiving constructive feedback
• Distinguish between effective oral and written communication techniques in legal settings
• Analyze and apply key elements of persuasive legal writing, focusing on brief writing
   

Course Time Schedule:

Eastern Time: 11:30 AM - 12:30 PM
Central Time: 10:30 AM - 11:30 AM
Mountain Time: 9:30 AM - 10:30 AM
Pacific Time: 8:30 AM - 9:30 AM
Alaska Time: 7:30 AM - 8:30 AM
Hawaii-Aleutian Time: 6:30 AM - 7:30 AM

This course is also being presented on the following dates:

Wednesday, April 30, 2025
Wednesday, May 14, 2025
Wednesday, May 28, 2025
Wednesday, June 11, 2025
Wednesday, June 25, 2025

This course is designed for attorneys who want to enjoy an intellectually stimulating and (perhaps) entertaining seminar on what many lawyers may deem to be a quite dull subject: "Professionalism." Even though standards for what the CLE-Mandating/Approving Authorities deem to be "Professionalism" are "aspirational" in contrast to the mandatory legal-ethics standards (i.e., the Rules of Professional Conduct), they are nevertheless quite important despite the absence of enforceability in the same way in which legal-ethics standards are enforced.

The format of this program is a blend of the lecture method with the Socratic method, extensively involving a high degree of interactive participation and critical analyses of a wide range of issues relevant to the subject of the seminar in a manner not limited to mere chronological description of particular topics and sub-topics. In other words, the content of each seminar (and the order and extent of emphasis upon particular topics and sub-topics) will be substantially influenced by the nature and extent of interactive participation regarding particular aspects thereof. Depending on the number of participants in a particular seminar, the format usually results in most, if not all, participants verbally engaging in conversational-styled interactive discussion and/or analysis of particular topics in the seminar and also permits interruptions, questions, challenges, etc. throughout the seminar. Think of collegially enjoyable and enlightening round-table discussions. It's a form of learning by thinking in the course of interactively participating rather than learning solely by listening (the latter of which is the lecture method).

This course is suitable for attorneys at any level seeking to support advocacy for the aspirational standards for "professionalism." Even attorneys deeming "professionalism" standards to be idealistic notions resting on a presumption that legal professionals are snowflakes easily melted by the heat of the adversarial system absent of what advocates of "professionalism" deem to be the refrigerating effects of civility, courtesy, collegiality, clarity, cooperativeness, and circumspection are encouraged to attend.

Learning Objectives:

• Refresh attorney common knowledge of unique aspects of the legal profession in contrast to all other professions, occupations, etc.: It's the effect of the Constitution's (and each state constitution's) vesting of "the judicial power" of the sovereign in its "Supreme Court" and its thereby incorporation of the evolutionary nature of the judiciary's common law inherent judicial power (i.e., sui generis power) to define, prescribe, and enforce educational, moral, ethical and civil standards for the practice of law and the status of lawyers as officers of the courts.
• Examine how exercising such common law inherent judicial power (sui generis power) in an adversarial system created under common law, the supreme court of the sovereign (i.e., the U.S. Supreme Court and each state supreme court) creates structural and functional tools for the administration of justice -- i.e., rules of evidence, burdens of proof, procedural rules, and regulatory control over the conduct of attorneys. 
• Review how the judiciary generally encourages lawyers to participate actively in the regulatory control over the legal profession and the conduct of lawyers individually. Therefore, each attorney must keep abreast of such disciplinary and regulatory activities and, as much as possible, actively participate (pro bono) in supporting such activities.
• Assess how and why what CLE authorities describe as "professionalism" is vital as a factor likely to increase, rather than diminish, the public's confidence in the justice system.
• Explore the variety of ways in which a variety of states (but not all states) have formally promulgated rules describing behavioral attributes of conduct by lawyers evincing "professionalism" even though a number of such states have declined to use "professionalism" as the proper description of the mode of behavior – to learn that there's no one-size-fits-all definition of such behavior. 
• Differentiate among the many duties imposed on attorneys; one of them is to apply critical analysis to all of the legal ethics standards as well as the procedural standards for their enforcement to perhaps motivate legal professionals to try harder to comply, to understand better the "spirit" (rather than merely the "letter") of such standards, and to be willing to serve on Bar committees to study (and potentially propose modifications of) such standards.

                   
Course Time Schedule:

Eastern Time: 1:00 PM - 3:00 PM
Central Time: 12:00 PM - 2:00 PM
Mountain Time: 11:00 AM - 1:00 PM
Pacific Time: 10:00 AM - 12:00 PM
Alaska Time: 9:00 AM - 11:00 AM
Hawaii-Aleutian Time: 8:00 AM - 10:00 AM

This course is also being presented on the following dates:

Wednesday, April 9, 2025
Wednesday, April 16, 2025
Wednesday, April 23, 2025
Wednesday, April 30, 2025
Wednesday, May 7, 2025