Course List

If you are an attorney, you’ve probably been asked to serve on a Board. However, if you do agree there are numerous legal & ethical pitfalls that you must avoid as an attorney.

In this CLE, Nikki Semanchik will teach you what you need to know about serving on a Board, from your initial homework & due diligence to your ethical duties & avoiding conflicts of interest. The course is broken into three main parts, with Nikki first providing background on the key points of Nonprofit Law, she will then take a deep dive into your fiduciary duties and conclude by detailing the risks of serving as Director & legal counsel. Additional topics: entity type, public transparency, Board Committees vs. Advisory Boards, the duties & role of Directors, the Articles of Incorporation, reviewing bylaws & internal policies, Duty of Care, Duty of Inquiry, Duty of Loyalty, Duty to Follow Investment Standards, conflicts of interest, director protections, the Business Judgment Rule, volunteer immunity, Indemnification, Directors & Officers (D&O) Insurance, Nonprofit Compliance, the loss of the attorney-client privilege and your liability exposure.

Nikki Semanchik is the Founding Attorney of Semanchik Law Group, a business and nonprofit firm located in San Diego, California. In addition to assisting nonprofits with formation, compliance and governance, she also represents for profit businesses on a wide variety of matters.

In 2006 the FRCP was amended to include a “new” type of evidence – Electronically Stored Information (ESI). Twenty years later almost every trial hinges on text messages, Facebook posts, IG stories, tweets, emails, blogs & countless more sources of electronic evidence.

In this CLE, Nicholas J. Schneider, Esq. will discuss the basics of laying a foundation for the admission of evidence, provide tangible trial tips and show you example trial examinations for establishing each of the five core foundation elements. Nick will then apply this framework, with practical examples, to common types of modern digital evidence, including business records, text messages, social media and other forms of ESI. These rules and procedures are addressed: Introduction & Exclusion of Evidence, Pre-Foundation, Competence, Foundation, the Original Document Rule, Privilege, Relevance, Authenticity and Hearsay. Nick will specifically discuss preparing & introducing: ESI, photos, video, email, texts, social media and websites & blog posts.

Nicholas Schneider is a trial attorney and Partner with the national law firm Eckert Seamans. He focuses his practice on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, copyright infringement, unfair competition and class actions.

Attorneys are no longer confined to print ads in the Sunday paper & late night T.V. commercials. The Internet & social media have opened an entirely new online landscape for attorneys to advertise their services & law firms – but this new electronic terrain presents new ethical challenges.

“In a wreck, need a check?,” attorneys with sledgehammers, a “healthy dose of Dic,” monster trucks & guns. As attorneys that help lawyers with websites & online marketing, Desire'e Martinelli & Jeff Lantz have seen these numerous attorneys violate the rules of professional conduct with their online advertising. They are here to keep your conduct ethical in your YouTube vidoes, Facebook posts & PPC advertising. Primary subject covered: tips to avoid common ethical pitfalls, the consequences & penalties of unethical online advertising, and the best practices & plan when advertising online. Additional topics: using disclaimers, testimonial, making promises, required notifications, misleading ads, confidentiality issues, unjustified expectations, comparative statements, truthfulness & accuracy, case law, creating an ethical compliance plan and tools & resources. Ethical Rules addressed: Rule 1.6: Confidentiality, Rule 7.1: Communications Concerning a Lawyer’s Services, Rule 5.5: Unauthorized Practice of Law and Rule 8.4: Third-Party Violations.

Desire'e Martinelli is an attorney and the Director of Marketing & Analytics of Esquire Interactive LLC. Jeff Lantz is an attorney, entrepreneur and the CEO of Esquire Interactive LLC, an interactive digital marketing agency for attorneys and law firms.

Online gambling is BIG business. By 2029, the projected market volume is expected to reach $133 BILLION. It’s no wonder that gambling disorder was recently recognized by the DSM-V as an addictive disorder.

It’s also no surprise that lawyers are especially at risk because addiction is already problematic for lawyers, who suffer disproportionate rates of mental & addictive disorders. A former alcoholic with a cocaine & sports gambling addition, Brian Quinn knows the depths of despair all too well. From being suspended from the practice of law for 5 years to serving as Education & Outreach Coordinator at LCL, Brian learned to persevere & overcome. He will share his personal story and take a deep dive into gambling addiction – including its warning signs, risks, co-morbidities, related ethical issues and the toll it takes on the legal profession. Additional topics: how LAPs (Lawyer Assistance Programs) help attorneys, the Hazelden-Betty Ford Study on Lawyer Impairment, the DSM-5: Gambling Disorder definition, the Gambling Establishment, Murphy v National Collegiate Athletic Association, Roger Goodell & The NFL, accessibility & anonymity, perfectionism, excessive self-reliance and the stigma of addiction for attorneys.

Brian S. Quinn, Esquire is a licensed attorney in Pennsylvania who currently serves as the Education and Outreach Coordinator for Lawyers Concerned for Lawyers of Pennsylvania, Inc., a Lawyers Assistance Program established in 1988 for the purpose of helping lawyers, judges and law students recover from alcoholism, drug addiction and mental health disorders.

"Those who tell the stories rule society." - Plato. And those lawyers who tell the best legal story rule their cases.

In this CLE, Jennifer Gardner shows you how lawyers can tell powerful legal stories and how to be a powerful legal storyteller. The main topics presented include: whoever tells the best story wins the trial or case, telling your client's persuasive legal story, what makes a good legal story great and what makes a good legal storyteller great. Additional topics: key concepts of engaging stories, humans learn through story, telling persuasive stories in your legal case, the neuroscience of storytelling, the right brain & emotions, the left brain as gatekeeper, triggering the right brain, universal story themes, struggle & conflict, Joseph Campbell & The Hero's Journey, archetypes, superheroes + antiheros, outlaws + tricksters, the emotional reality of your clients, credibility & authority, building trust & rapport, being human, how to listen actively and repetition & mirroring.

Jennifer B. Gardner has served clients in criminal and civil legal disputes since 1987 as a trial lawyer in Los Angeles since 1992. A proud graduate of the Trial Lawyers College, Jennifer is also a writer, a speaker and magnetic courtroom presence.