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These courses are CLE accredited in Texas and California, with some accredited in Oklahoma.
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Appellate - Civil and Criminal
Explore how the digital revolution and the consequent move from paper to electronic filing of legal documents has changed the way that legal texts are written and read, and learn effective strategies for appellate lawyers to communicate within this new digital reality. more »
Explore how evidence of previous conduct and crimes by a witness can be outcome-determinative in a jury trial. Join Quentin Brogdon in this one-hour presentation as he answers questions on what and when evidence is admissible. And how does a party preserve error for an appeal when seeking to admit or to exclude this evidence. more »
Speakers are discussing the concept of conviction integrity as an extension of the prosecutor’s duty to see that justice is done. Hear practical issues in evaluating, investigating, and responding to actual innocence claims and considerations for offices that do not have a dedicated CIU. more »
THIS MONTH: Technology and Ethics: Adapting to the post-COVID Practice of Law • Employee Activism and Workplace Political Speech • Legal Writing: How to Write Plainly • Quality of Life Tools: Bloom Where You are Planted • Telehealth: Before, During, and After COVID more »
Do criminal-law appellate briefs need to be written in plain English? And what does “plain English,” mean? This presentation defines plain-English legal writing and offers guidance on plain English-principles related to words, sentences, and organization. more »
Parallel criminal and civil cases arising out of the same event occur with some frequency. Join Quentin Brogdon as he explores several issues: whether the civil case must be abated, until the criminal case is resolved, or if the cases may proceed simultaneously. Potential consequences of the assertion of the fifth amendment privilege against self-incrimination, and potential effects of differences in the scope of discovery in the civil case and the scope of discovery in the parallel criminal case. more »
Session 1: 11.07 Writs - Discuss the law of 11.07 habeas corpus with tips for writ practice at the Court of Criminal Appeals.
Session 2: Emerging Issues in PDRs - Gain insight on significant and emerging issues pending in the Court of Criminal Appeals.
Session 3: Chapter 64 Motions and Hearings - A brief overview of motions for forensic testing, collaborative and contested, and common missteps on the road to 11.073.
Session 4: Practical Tips from Writ Litigators - Explore real world tips, suggestions and insights for litigating writ claims at every step in the process -- from preliminary investigation, to trial court, to the Texas Court of Criminal Appeals.
Session 5: Standards of Review - Identifying the appropriate standard and utilizing it as a roadmap to a persuasive legal argument on appeal. more »
Join Sol Bobst as he explores background information, regulatory issues, and case studies concerning marijuana. He will provide an understanding of the critical factors when reviewing criminal cases and liability claims involving marijuana, cannabis, and THC product. more »
The coronavirus pandemic closes businesses and forces quarantines, at the same time spawning lawsuits of all kinds. Join Quentin Brogdon as he goes over questions: what types of coronavirus suits are being filed, how will the new coronavirus suits be resolved, and how is our system of justice adapting to this new era of social distancing? more »
Join Quentin Brogdon as he explains the differences and goals between opening and closing arguments in Jury trials. Explore how much latitude the rules give the trial lawyer when making opening statements and closing arguments. more »
Session 1: Ethics for Post-Conviction Lawyers - Examine the ethical considerations facing attorneys in post-conviction representation.
Session 2: Ineffective Assistance of Counsel - Review the essentials of filing an ineffective assistance of counsel claim as defense counsel and responding as a prosecutor, with focus on essentials, pitfalls and necessity of claim.
Session 3: Appellate Tips from the Experts - Get a view from both sides of the criminal bar with practical tips on how appellate advocates and appellate courts can make their briefs and opinions interesting, easier to understand, and less likely to inflame the opposing side or losing party.
Session 4: Improve Your Legal Writing - Learn techniques for improving your legal writing in the short, medium, and long run.
Session 5: Error Preservation Ambushes: Infliction and Prevention - We can raise many complaints for the first time on appeal ... or when it is too late for the non-complaining party to do anything about it. These complaints involve jurisdiction, standing, summary judgment practice, experts, damages, the charge, and attorney's fees, just to name a few areas. Identify these areas, get suggestions about how to pre-empt your opponent from ambushing you with such complaints, and hear ideas about ambushing your opponent, while taking care to avoid a self-inflicted wound.
Session 6: Demonstrative Evidence: Pursuasion and the Use of Technology - Do you understand the differences between demonstrative evidence, and demonstrative aids? Join Claude Ducloux in this one hour presentation as he explores the following: Use of Summaries, Statistics, Trial Demonstrations, and Simulations/Videos. He will discuss: appropriate planning, themes, learning styles, and the ethic boundaries and duties when evidence is incorrect, wrong, or just plain false.
Session 7: Conviction Letters and Related Issues - Observe a roundtable discussion on navigating professional licensing complications related to criminal law matters.
Session 8: Advocacy Practice and Theory for the New Millennium - No one can deny the practice of law has changed dramatically in recent years, but many still advocate like it's 1999. Learn new tricks and tips on how to advocate effectively in today's courtrooms.
Session 9: Legal Malpractice Update - Get the latest on recent developments in Texas legal malpractice law, as well as notable ethics opinions that are applicable to appellate practitioners.
Session 10: Ethical Issues Presented by Changing Technology - Increasingly technology is integrated into the practice of law. Examine lawyers' current ethical responsibility in relation to the use of technology and how such responsibility may change as technological advances, like artificial intelligence, become more commonplace in the practice of law.
Session 11: Expanding Your Firm: How to Hire Contract and Associate Lawyers - What are the basics that you need to know? How do you manage your staff and attorneys? Get practical tips on how to answer these questions so that your firm can continue to flourish.
Session 12: Stress Kills Success: Mindfulness and the Small Firm Practitioner - Learn about the science behind stress and wellness, along with how mindfulness can help with peak performance. more »
Do you understand the differences between demonstrative evidence and demonstrative aids? Join Claude Ducloux in this one-hour presentation as he explores the use of summaries, statistics, trial demonstrations, and simulations/videos as demonstrative tools. Hear more about appropriate planning, themes, learning styles, and the ethical boundaries and duties when evidence is incorrect, wrong, or just plain false. more »
THIS MONTH: #Blessed: Using Social Media in Trial • What I Learned About Writing Briefs From Writing Country Songs • The Law of Loan Sharks • Legal Malpractice Update • Cybersecurity Insurance • C-Suite Investigations: An Experience To (or Not To) Forget
THIS MONTH: Do's and Don'ts of Discovery in Texas Civil Proceedings • What’s Going on at the Southern Border: Immigrants’ Rights Issues in Texas • Indeliberate Practice: How the Business of Law Will Make You Mediocre (If You Let It) • Employee Mental Health Accommodations: Tips for Success in Managing Stigma and Stress • Financial Powers of Attorney: Do You Want Fries With That Will? • Pro Bono Collaborations with Outside Counsel: The New Networking more »
Session 1: M&A Trends in Renewable Energy - Most development projects are bought and sold at least two times prior to beginning operations, and many more are sold once they have operated for a period of time. Listen to a discussion about current trends in the industry and key issues that tend to arise. The effect of PTC expiration and tax reform on deals will be addressed in addition to the sale of single projects. Also, explore portfolio and company sales as well as the acquisition of repowered projects.
Session 2: Due Diligence and M&A for Clean Energy Projects - Learn how to utilize due diligence to identify and allocate risks in transaction documents and determine overall viability of the target.
Session 3: Ethics in Negotiation: The True Cost of Representation - When a client discloses a terrible truth or reveals an unspeakable purpose, what obligations do the Texas Rules of Disciplinary Conduct place on an attorney? What happens when it’s time for an attorney to move on? Explore the unexpected answers given by the Rules using both recent and historical real world cases.
Session 4: Greed...for Lack of a Better Word...is[n't] Good - Using a series of case studies, explore the ethical obligations and fiduciary duties owed by lawyers to clients and how the Texas Disciplinary Rules of Professional Conduct, the Federal Rules of Civil Procedure, and the Texas Rules of Civil Procedure are implicated in each.
Session 5: Border Searches of Cell Phones and Computers - As unsettling as they are, digital border searches are legal. Delete your client files from your devices if you want to avoid delays occasioned by a search. more »
Session 1: Artificial Intelligence and its Effect on the Legal Industry - AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients.
Session 2: Strategic Use of E-Discovery - Fewer than one out of a hundred cases are tried. Accordingly, discovery strategy is often more vital than trial strategy. Yet, strategic use of e-discovery garners little attention, perhaps because the fundamentals demand so much focus that there is little room for flourishes. If you only know one way of doing things, how do you act strategically? Review methods to deploy e-discovery strategically, mindful of our opponent’s fears, goals, and pain points … as well as our own.
Session 3: eDiscovery for Every Case – Even the Small Ones! - From the largest class actions to small individual claims, almost all litigation matters touch on some form of electronic discovery. Learn about key issues related to preservation, collection, processing, and review of electronically stored evidence, along with some of the latest tools and technology that can help you make the most of your time and resources regardless of case size.
Session 4: Authentication of Electronic Evidence - Learn how to authenticate electronic evidence without having to rely on an expert.
Session 5: Hearsay in a Digital World - Review important hearsay issues, with an emphasis on hearsay appearing in social media, texts, and other new media.
Session 6: Getting from Internet to Evidence - Social media can be a goldmine in certain cases, if you can discover relevant data and get it into evidence. Learn ethical methods of eDiscovery related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.
Session 7: Social Media and Homeowners Insurance: Are Your Facebook Posts Covered? - Litigation stemming from social media activities has exploded in recent years. While the defendants in these cases often look to their homeowners insurance for protection, the typical policy gives insurers multiple ways out.
Session 8: Data Security Breach Litigation - Review what a litigator needs in order to prepare a client for litigation or an investigation by regulators after a data security breach. Takeaways include protocol for preserving the attorney client privilege and evidence before, during and after a breach; cybersecurity liability insurance litigation updates; and creating proof points, including a discussion of cybersecurity best practices and "cybersecurity basics," to effectively minimize damages, fines and penalties.
Session 9: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »
Session 1: Supreme Court of Texas Update - Explore recent opinions issued by the Court in the current term.
Session 2: Looking Back at the 86th Texas Legislature - Survey selected bills that passed and those that didn't – but you should know about anyway.
Session 3: The View from the Court of Appeals - Last fall brought a number of changes to the Court of Appeals. Get to know the new Justices.
Session 4: Supreme Court of Texas Panel - Hear a candid conversation among the Justices about what is new at the Court, the state of the docket, and ways in which practitioners can improve their chances of obtaining favorable relief for their clients.
Session 5: Governmental Immunity Under State Law - Fighting “city hall” remains quite a challenge in Texas in light of well-settled Supreme Court authority that declares a “high presumption” of governmental immunity from suit. Still, there are many waivers of immunity and this presentation discusses the status of immunity and waivers in the context of tort, contract, and statutory claims against the State and its political subdivisions. more »
Hear real-world, concrete insights into how pro bono matters can enrich your professional satisfaction, stretching you as both a person and a practitioner, and may even end up transforming an avocation into a new vocation. more »