June Webcast Extravaganza

Schedules and Faculty

This money-saving webcast package consists of the following webcasts:

Friday, June 1, 2012
9:00 – 11:00 a.m. (CENTRAL TIME)

Torts in Court

Professors Michael Steenson and David Prince will look at the most significant recent torts and personal injury court decisions to keep you up to date.

– Professor Michael K. Steenson; William Mitchell College of Law
– Professor David J. Prince; William Mitchell College of Law

Wednesday, June 6, 2012
9:00 – 10:00 a.m. (CENTRAL TIME)

The Fab Four and Attorney Lies: How the Beatles (and Other Events From Their Generation) Help Us Understand Misrepresentation

There are four rules in the ethics code where attorney misrepresentation is addressed directly. Events of the late 60’s and early 70’s help illustrate those categories of forbidden statements. Whether it was the “Paul is Dead” stunt, Nixon and the Watergate cover-up, or John Lennon’s "We’re more popular than Jesus” faux pax, lies, deception and stupid statements were in abundance in that era. In many cases these stories help illustrate the concepts, but in other cases the events actually helped shape the rules. Join nationally known “CLE Performer” Stuart Teicher, Esq., as he presents this unique, intriguing look at attorney misrepresentation.

– Stuart I. Teicher; Ethics Educator and CLE Performer

Wednesday, June 6, 2012
10:30 – 11:30 a.m. (CENTRAL TIME)

21st Century Persuasive Writing: Short Writing

We have gone from the age of the sound-bite to the age of the Tweet. Texts and Tweets are the new communication tools in the practice, so how can we be persuasive in 140 characters or less? Learn the secrets to effective “Short-writing.”

– Stuart I. Teicher; Ethics Educator and CLE Performer

Wednesday, June 6, 2012
12:00 – 1:00 p.m. (CENTRAL TIME)

When Moonshine Loses Its Luster

It probably shouldn't be a surprise that there's a significant problem with substance abuse among lawyers. After all, in what other profession can you be called a pit bull or a shark and it's meant as a compliment? The truth is that substance abuse greatly affects the lives and careers of both those who are suffering from addiction and the people around them. In this one hour presentation, Stuart Teicher, Esq., (the “CLE Performer”) discusses detection, prevention and treatment of substance abuse in a captivating manner and provides valuable lessons for all listeners, even if you're not personally touched by addiction.

– Stuart I. Teicher; Ethics Educator and CLE Performer

Wednesday, June 6, 2012
2:00 – 3:00 p.m. (CENTRAL TIME)

How to Avoid Hating the Law 10 Years From Now

Far too many lawyers hit a wall during their careers – they get miserable and depressed and many end up hating the practice. The truth is, it doesn’t have to be that way. Listen to someone who’s been through it. There are valuable lessons that can help you avoid that fate. Join the “CLE Performer” Stuart Teicher, Esq., in this one-hour presentation where he will reveal several simple steps that you could follow in your practice that will help ensure long-term success and an enduring sense of satisfaction throughout your career.

– Stuart I. Teicher; Ethics Educator and CLE Performer

Monday, June 11, 2012
9:00 – 10:00 a.m. (CENTRAL TIME)

iPads for Lawyers

Apple’s iPad has created a whole new category of productivity tool: the tablet. Many lawyers are finding out about its benefits for using an iPad in their legal practice. Can an iPad benefit your law practice, give greater satisfaction with your practice, and reduce stress? The presenters will introduce you to the features of an iPad and discuss:

• Practical tips for using an iPad at work

• Essential iPad apps and add-ons

• iPad legal apps made just for lawyers

• iPad set-ups for courtroom presentations

– Peter H. Berge; Minnesota CLE
– Todd C. Scott; Minnesota Lawyers Mutual

Monday, June 11, 2012
12:00 – 2:00 p.m. (CENTRAL TIME)

Elimination of Bias: Disabilities Related to Mental Health and Addiction

Lawyers have to deal with addiction/dependency and mental health issues on a regular basis. It may be the alcohol fueled incident that lands a client in a lawyer’s office, it may be the changed behavior of a partner or associate, it may be the lawyer on the other side who is representing his client very poorly or it may be the lawyer herself. Addiction, dependency and mental illness are constant issues in the legal profession. Lawyers can work to detect, reach out, and prevent and support recovery for those with alcohol, depression or other problems. This program will help lawyers:

• Identify the classic warning signs of alcoholism, other addictions/dependencies, depression and other issues

• Help others get the help they need

• Avoid much of the stress from which the problem often starts

– Joan Bibelhausen; Minnesota Lawyers Concerned for Lawyers
– Karen Renshaw; Gold Legal Docs, LLC
– Chuck Ramsay; Ramsay Law Firm, PLLC

Tuesday, June 12, 2012
12:00 – 2:00 p.m. (CENTRAL TIME)

Reading/Understanding Financial Statements and Tax Returns for Attorneys

In a variety of cases from family law, to business law, financial statements and tax returns contain important information and evidence. Yet lawyers are generally not trained to understand or interpret those documents. In this Minnesota CLE presentation, accountants Rick Berning and John Heidebrecht will teach lawyers what information is contained in financial statements and tax returns and how to find and use that information effectively.

– Rick Berning; Berning & Heidebrecht, Ltd.
– John Heidebrecht; Berning & Heidebrecht, Ltd.

Wednesday, June 13, 2012
9:00 – 11:00 a.m. (CENTRAL TIME)

The 2012 Environmental Law Update

Don’t miss this thorough update of current environmental law and practice. In this presentation, our experienced presenters will provide a wide-ranging update of current case law, regulations, legislation and trends at both the federal and state levels in many areas of environmental practice, including: climate change, air, water, environmental review, environmental rights and CERCLA, MERLA and RCRA.

– Thaddeus R. Lighfoot; The Environmental Law Group, Ltd.
– Joseph G. Maternowski; Hessian & McKasy, PA
– Steven W. Nyhus; Flaherty & Hood, PA
– Ann M. Seha; Xcel Energy

Wednesday, June 13, 2012
12:00 – 1:00 p.m. (CENTRAL TIME)

New Lawyer Series: Handling Your First Consumer Law Case

In these economic times, lawyers are seeing more potential clients with consumer law issues. But consumer law cases are not as simple as they might seem. There are pitfalls to be avoided and barriers to surmount. Experienced consumer law lawyers Randall Ryder and Christopher Wheaton will outline the basics of how to handle a consumer law case.

– Randall P. Ryder; The Ryder Law Firm, LLC
– Christopher S. Wheaton; Barry, Slade & Wheaton, LLC

Thursday, June 14, 2012
9:00 – 10:00 a.m. (CENTRAL TIME)

Sean Carter: Can’t We All Just Get Along?

Would you like more diversity in your law firm? Would you like to recruit (and more importantly, retain) minority and women attorneys and staff persons? Invite attorney, author, comedian and corporate trainer Sean Carter to your firm to show you how “we can all just get along.” Mr. Carter has practiced at major firms on both the east and west coasts. In addition, he was in-house counsel for one of the leading specialty lenders in the country. In all, he has more than a decade of experience as a corporate lawyer.

– Sean Carter; Humorist at Law

Thursday, June 14, 2012
10:30 – 11:30 a.m. (CENTRAL TIME)

Sean Carter: It's Not the Fruit, It's the Root − Getting to the Root of Our Ethical Ills

In this "sermonar," acclaimed legal humorist Sean Carter goes beyond the do's and don'ts of the Rules of Professional Conduct to get to the heart of the matter – the common mindsets that result in the following ethical violations:

• Conflicts of interest

• Failure to perform diligently

• Trust account violations

• Failure to provide competent representation

• Disrupting the tribunal

• Breaches of confidentiality

• False and misleading communications about a lawyer's services

• Failure to communicate with a client

• False and misleading statements in connection with a bar inquiry

Employing the witty one-liners and poignant stories that have made him a favorite presenter at bar events across the country, Mr. Carter demonstrates the root causes of our ethical ills. Furthermore, he provides tips and insights on how to heal ourselves from these mindsets so that the ethical canons become guide posts and not obstacles in our drive to become successful lawyers.

– Sean Carter; Humorist at Law

Thursday, June 14, 2012
12:00 – 1:00 p.m. (CENTRAL TIME)

Business Issues in Divorce: A Case Study

In this presentation, family law attorney Dan O’Connell and business valuation expert Jennifer Loeffler will present a case study of a business valuation in the context of divorce. Presenters will address: What special rules apply to non-marital business interests? What valuation issues relate to a spouse’s ownership interest in the business? What documents are needed for a divorce and how do the parties get them from the business?

– Dan O’Connell; Collins, Buckley, Sauntry & Haugh, PLLP
– Jennifer L. Loeffler; CPA/ABV, ASA, Value Consulting Group

Friday, June 15, 2012
9:00 – 10:00 a.m. (CENTRAL TIME)

Trust Account Questions Answered

Lawyers who handle client or third-party funds must maintain trust accounts under Minn. R. Prof. Cond. Rule 1.15. This presentation will answer some of the most asked questions about lawyer trust accounts including:

• Does every lawyer need a trust account?

• Who can be a signatory on a trust account?

• Why don’t lawyers normally pay their clients the interest earned on their trust funds? When must a lawyer pay interest to a client?

• How should a lawyer treat cash payments?

• Can a lawyer use funds received in one client matter as payment for outstanding fees for another matter for the same client?

• How should advance retainers, paid by credit card, be put into a trust account?

• How should a lawyer handle a dispute with the client about fees? What if the disputed funds were withdrawn from the trust account prior to the dispute?

• When must funds be withdrawn from the trust account to avoid commingling?

• How much of a “cushion” can a lawyer leave in a trust account to prevent overdrafts?

• What should a lawyer do if the lawyer has lost contact with a client who still has funds in the lawyer’s trust account?

• How should a lawyer respond to a third-party demand for trust account records?

• Should a lawyer follow a client’s instructions not to pay a letter of protection from trust account funds?

– Eric T. Cooperstein; Law Office of Eric T. Cooperstein
– Peter H. Berge; Minnesota CLE (moderator)

Friday, June 15, 2012
12:00 – 1:00 p.m. (CENTRAL TIME)

Appellate Practice: Potholes in the Road to a Successful Appeal – Common Issues to Recognize and Avoid

In this presentation, David Herr and Eric Magnuson will be joined by Cindy Lehr, Chief Attorney at the Minnesota Court of Appeals, to discuss common traps in the appellate process and how to avoid them. Their discussion will include topics such as:

• Recognizing when an order or judgment is appealable so your appeal is both timely and proper (partial judgments, attorney fee issues, service of notice of filing issues, etc.)

• Making sure that all the mechanics of filing and service are done properly (mailing addresses, service of all parties, problems of fed ex and fax, service and filing in the district court, etc.)

• Differences between civil and criminal appeals, special proceedings, and certiorari review, both substantive and procedural

• Record issues (preparing, filing and correcting the record)

• Briefing (why the rules are important, problems resulting from not filing them including sanctions and simple reduced effectiveness of the presentation), extensions and other issues

• Argument time, place and content

• Post argument submissions – effective use and ineffective abuse

• Taxation of costs and requests for fees

– David Herr; Maslon Edelman Borman & Brand, LLP
– Eric J. Magnuson; Briggs and Morgan, Professional Association
– Cynthia L. Lehr; Minnesota Court of Appeals

Monday, June 18, 2012
9:00 – 11:00 a.m. (CENTRAL TIME)

New Lawyer Series: Advocating for Your Clients in Your First Family ADR Proceeding

Join three experienced Family Law practitioners for a thorough overview of what you need to know to successfully represent clients in Family ADR processes. Topics include:

• Choosing the appropriate Family ADR process for your case

• Choosing the appropriate Family ADR provider for your case

• Preparing your client for the Family ADR process

• What to expect in the process and how to advocate for your client while still respecting the process

• Post-Decree Family ADR processes – are they appropriate for your case?

– Andrea K. Niemi; Niemi Jerabek & Kretchmer PA
– Zachary A. Kretchmer; Niemi Jerabek & Kretchmer PA
– Jennifer E. Joseph; Attorney at Law

Monday, June 18, 2012
12:00 – 1:30 p.m. (CENTRAL TIME)

Tax Compliance Issues and Challenges for Law Firms

Federal and state budgetary shortfalls are increasing the likelihood of an audit of your firm. The IRS even has a special audit guide for law firms and attorneys, which was recently updated. As a result, law firms and lawyers are being contacted more frequently for IRS audits. In addition, firms and lawyers are increasingly subjected to sales and use tax audits, employment tax audits, and more. New rulings and court opinions have forced law firms to take a look at how they are accounting for client costs. During this presentation you will learn how to position your firm to minimize exposure to audits and examinations; recognize what various tax agencies are looking for and what you should expect; and recognize the increased focus on multi-state tax issues.

– Stephen (Pete) Peterson; President, Maxfield Peterson, P.C.
– Richard J. Nigon; Chief Financial Officer, Robins Kaplan Miller & Ciresi, LLP

Tuesday, June 19, 2012
9:00 – 10:00 a.m. (CENTRAL TIME)

How Lawyers Suck at Social Media and How Not To

Lawyers are blogging, Tweeting, and Facbooking for fun, pleasure, and even for marketing. Most of us do it poorly. Two of the leading lawyers in social media, Sam Glover and Greg Luce will discuss what is wrong with most lawyers’ social media postings and how you can do it better.

– Sam Glover; Lawyerist Media, LLC
– Greg Luce; Lawyerist Media, LLC, www.bitterlawyer.com

Tuesday, June 19, 2012
12:00 – 1:00 p.m. (CENTRAL TIME)

Exempt or Non-Exempt? Classify Your Workers Correctly

Using real-life case studies, our faculty will discuss classification of employees to protect against expensive wage and hour claims. What are the rules, how are they applied and what should you do if you think a mistake was made?

– Tracey H. Donesky; Leonard, Street & Deinard PA
– Mary M. Krakow; Fredrikson & Byron PA
– Laura A. Pfeiffer; Winthrop & Weinstine

Wednesday, June 20, 2012
9:00 – 10:30 a.m. (CENTRAL TIME)

Documents Made Easy: Mission Statement, Articles of Incorporation and Bylaws for a Nonprofit Corporation

In this presentation, Heidi Neff Christianson, author of Minnesota CLE’s Documents Made Easy: Mission Statement, Articles of Incorporation and Bylaws for a Nonprofit Corporation, will discuss critical drafting considerations and pertinent provisions to include in the formation documents for Minnesota nonprofit corporations.

As with all Minnesota CLE Documents Made Easy presentations, attendees will receive both an annotated and unannotated version of the Mission Statement, Articles of Incorporation and Bylaws for a Nonprofit Corporation as materials for the webcast.

– Heidi Neff Christianson; Moore, Costello & Hart, PLLP

Wednesday, June 20, 2012
12:00 – 1:00 p.m. (CENTRAL TIME)

Engaging Courtrooms: Courtroom Applications

Actor, producer, director, and communication consultant David Mann teaches the art of engaging those who are in the courtroom. In this presentation, Mr. Mann shows how you can put the art of storytelling and powerful delivery to practical use in the courtroom to give powerful opening statements, develop your story through witnesses and evidence, and deliver persuasive closing arguments.

– David Mann

Thursday, June 21, 2012
12:00 – 1:00 p.m. (CENTRAL TIME)

New Lawyer Series: Your First DWI or Domestic

Join veteran criminal law practitioners Joe Tamburino and Hilary Hujanen as they run through everything you need to know about handling your first DWI and your first domestic assault case. DWI topics include: stop issues, field sobriety tests and PBT, reading of advisory, whether to test, consequences for different test results, mandatory minimums, and what happens in court. Domestic assault topics include: two forms of assault (instilling fear and/or physical harm), statutory presumptions for custodial arrest, ineligibility to possess firearms, DANCO (Domestic Abuse No Contact Order) issues, being removed from the home, collateral issue of OFPs, and much more!

– Joe Tamburino; Caplan & Tamburino, PA
– Hillary Hujanen; Caplan & Tamburino, PA

Friday, June 22, 2012
9:00 – 10:00 a.m. (CENTRAL TIME)

Matt Homann: Building a Successful 21st Century Practice − General Principles

Matt Homann, the founder of LexThink, brings his innovative thoughts to how lawyers can meet the challenges of building a modern client-focused way. This hour will be a general overview of what Matt has learned in his years consulting with lawyers about building successful practices. He will touch on such issues as client selection, client communication, ethics, and pricing of legal services. It is through planning and managing such issues as a whole that you can reduce your stress and create a satisfying practice.

– Matt Homann; LexThink LLC
– Peter H. Berge; Minnesota CLE (moderator)

Friday, June 22, 2012
10:30 – 11:30 a.m. (CENTRAL TIME)

Matt Homann: Building a Successful 21st Century Practice – Family Law

LexThink founder Matt Homann will meet with a panel of family law lawyers to discuss how to bring innovation to their practices to meet the challenges of our changing legal environment. The program will focus on professional development by implementing his general principles in the specifics of the practice area. The goal is to find ways to create a healthier, less stressful and more satisfying practice for family law practitioners.

– Matt Homann; LexThink LLC
– Zachary A. Kretchmer, R. Leigh Frost & Daniel J. Van Loh

Friday, June 22, 2012
1:00 – 2:00 p.m. (CENTRAL TIME)

Matt Homann: Building a Successful 21st Century Practice − Estate Planning/Probate

LexThink founder Matt Homann will meet with a panel of estate planning and probate lawyers to discuss how to bring innovation to their practices to meet the challenges of our changing legal environment. The program will focus on professional development by implementing his general principles in the specifics of the practice area. The goal is to find ways to create a healthier, less stressful and more satisfying practice for estate planning and probate practitioners.

– Matt Homann; LexThink LLC
– Cameron R. Seybolt; Fredrikson & Byron PA
– Susan J. Link; Maslon  Edelman Borman & Brand

Friday, June 22, 2012
2:30 – 3:30 p.m. (CENTRAL TIME)

Matt Homann: Building a Successful 21st Century Practice – Business Law

LexThink founder Matt Homann will meet with a panel of business law lawyers to discuss how to bring innovation to their practices to meet the challenges of our changing legal environment. The program will focus on professional development by implementing his general principles in the specifics of the practice area. The goal is to find ways to create a healthier, less stressful and more satisfying practice for business law practitioners.

– Matt Homann; LexThink LLC
– Sam Glover; Lawyerist Media, LLC
– Paul M. Floyd; Wallen-Friedman & Floyd, P.A.

Monday, June 25, 2012
9:00 – 10:30 a.m. (CENTRAL TIME)

Megaupload.com and the Mega Conspiracy: When Copyright Infringement is Criminal

In a digital world is a whole new world for copyright. The Megaupload.com case is an example and object lesson about the new issues and new reality faced by copyright and its intersection with criminal law. Our expert panel will discuss:

• Cyberlockers

• Copyright infringement in a digital world: the risks of file sharing

• When does copyright infringement become a criminal act and what crimes can you be charged with?

• Review of the Megaupload.com indictment and seizure

• The extraterritorial nature of the indictment and seizure

– Felicia Boyd; Barnes & Thornburg LLP
– Andrew M. Luger; Greene Espel P.L.L.P.
– Bruce Little; Lindquist & Vennum PLLP

Monday, June 25, 2012
12:00 – 1:30 p.m. (CENTRAL TIME)

Non-Competition Agreements in Action: TROs, Litigation and Negotiation Strategies

This presentation will examine the alleged breach of a non-competition agreement and the resulting strategies of both employers and employees. How does the ex-employer protect itself? How does the employee move on? What should the new employer do? What language in the contract is at issue? Is there a way out for the parties?

– Daniel R. Kelly; Felhaber, Larson, Fenlon & Vogt
– Jeffrey B. Oberman; Oberman, Thompson & Segal LLC

Tuesday, June 26, 2012
9:00 – 10:30 a.m. (CENTRAL TIME)

Litigation for the Occasional Litigator

One of the perennial conundrums for many lawyers is: How do I get trial experience without trying cases? This is an issue for young lawyers, and for older lawyers who only occasionally try cases. Experienced trial lawyers Charlie Hvass and Erica Weber will provide a guide for the new or “occasional” litigator to help you succeed at trial. Topics include: finding themes, using trial notebooks, watching others, mock trials, and using discovery settings to practice for the day you are in front of a jury.

– Charles T. Hvass; Donna Law Firm, PC

Tuesday, June 26, 2012
12:00 – 1:00 p.m. (CENTRAL TIME)

Computer Forensics for Lawyers

Computers, mobile devices, and social networks contain a wealth of data that can be important, even pivotal, in a case. Mark Lanterman of Computer Forensics Services, Inc. will provide you with a background on the potential information you can glean and how to best preserve it in an admissible form.

– Mark Lanterman; Computer Forensic Services, Inc.

Wednesday, June 27, 2012
9:00 a.m. – 12:05 p.m. (CENTRAL TIME)
(includes a 5-minute break)

Retain Your Clients: A Roadmap to Effective, Ethical Client Service

Many lawyers forget that law is a service profession. Studies show that the most frequent reason for losing clients is poor service. And retaining clients in a volatile economy is crucial to your practice. So how do you make sure you’re providing the best service?

This seminar will provide you with the tools you’ll need to consistently deliver exceptional service, retain and develop more business from current clients, and increase referrals. You’ll also earn ethics credit while you learn to:

• Apply best practices that will exceed client expectations

• Eliminate the most common causes of client dissatisfaction

• Deal effectively with all types of client complaints

• Handle angry clients

• And much more

Classic movie scenes illustrate and underscore the program’s principles to help you gain a competitive edge through excellent service.

Satisfy your clients and your ethics requirement.

The course will cover:

• Are you sure your clients are satisfied? How do you tell?

• How do clients evaluate you? What can you control?

• Service-related ethics rules overview

  • Rule 1.2 Scope of Representation

  • Rule 1.3 Diligence

  • Rule 1.4 Communication

  • Rule 1.5 Fees

• Addressing client complaints

  • “Why did this happen?” (Rules 1.2-1.4)

  • “This is taking forever!” (Rules 1.3-1.4)

  • “Why did this cost so much?” (Rule 1.5)

  • “I don’t like being treated this way.” (Rules 1.3-1.4)

• What you can learn from the movies – Lawyer/client relationships

• Where’s the best place to find new business? – Your current clients.

• How to handle an angry client

– Roy S. Ginsburg; Attorney & Career Coach; www.royginsburg.com

Thursday, June 28, 2012
8:30 – 10:30 a.m. (CENTRAL TIME)

Business Case for Diversity

Diversity in the legal profession is not only the right thing to do, it is good for business. This program explains the financial and practical benefits of diversity. You will learn that:

• Diverse firms attract and retain talented attorneys, reduce turnover, create a productive work environment, and enhance business development efforts

• More corporate clients are demanding that women and minority attorneys be assigned to their work

• Women and minority attorneys are becoming successful rainmakers

• And much more

– Roy S. Ginsburg; Attorney & Career Coach; www.royginsburg.com

Thursday, June 28, 2012
12:00 – 1:00 p.m. (CENTRAL TIME)

Ethics: Who is Reading the Emails You are Sending to Your Client

More and more communication is done by email. How secure is email for client confidences? Ethics expert Eric Cooperstein will provide answers and practical tips and will reference several ABA opinions that have been issued in the area.

– Eric T. Cooperstein; Law Office of Eric T. Cooperstein
– Peter H. Berge; Minnesota CLE (moderator)

Thursday, June 28, 2012
1:30 – 2:30 p.m. (CENTRAL TIME)

Ethics: Retainer and Fee Agreements

Any attorney with clients needs to understand the ethical issues and requirements of retainer and fee agreements. Those agreements set the tone of the attorney client relationship and its boundaries. A proper understanding and good practice will not only reduce the chances of an ethics complaint but will lead to great client satisfaction. Legal ethics expert Eric Cooperstein will examine those issues and requirements and give practical advice on best practices.

– Eric T. Cooperstein; Law Office of Eric T. Cooperstein
– Peter H. Berge; Minnesota CLE (moderator)

Thursday, June 28, 2012
3:00 – 4:00 p.m. (CENTRAL TIME)

Ethics: Lessons Learned From the Mistakes of Others – A Synopsis of Recent Minnesota Lawyer Discipline Cases

In this presentation, Patrick Burns, the First Assistant Director for the Office of Lawyers Professional Responsibility, and legal ethics expert Eric Cooperstein will review recent attorney discipline cases. They will examine the ethical rules breached and give practical advice to avoid the ethical lapses that caused actual discipline for Minnesota attorneys.

– Patrick R. Burns; First Assistant Director, Minnesota Office of Lawyers Professional Responsibility
– Eric T. Cooperstein; Law Office of Eric T. Cooperstein