Though professionals are not alone in committing sexual indiscretions, such violations can extract an exceptionally high toll on an attorney’s practice and reputation.  Empathy, transference and counter-transference are common as professionals reach out to serve clients but can prove costly to both clients and professionals.  Examining and learning from others’ mistakes are invaluable to avoiding pitfalls that have been ruinous to too many practitioners. This seminar focuses on lawyer and client vulnerability –and its compromise of professional responsibility – to provide a framework for maintaining requisite high standards.

What are some the problems and obstacles (including ethical issues) in obtaining e-mail in today's world of electronic mail and online social media sites and the relevant discovery climate? What is the Stored Communications Act and how does it impact discovery and e-mail? Can you get discovery from Facebook? How practically can one obtain discovery from social media sites? How about Twitter? This course explores recent cases and issues facing practitioners, gives practical advice on where and how to take discovery and examines some ethical pitfalls and quandaries facing attorneys in this environment

Arbitration, the hiring of a "private judge" to resolve a dispute, is often elected as a method of alternative dispute resolution when the parties desire a binding decision. Understanding the theory of arbitration enhances your ability to plan the strategy of your arbitration session. This seminar will examine the theory of arbitration and discuss your obligation to advise your clients as to the availability of arbitration.  The strategy of arbitration includes issues to address in the pre-hearing conference, structuring pre-hearing discovery, arbitrating with or without a transcript, requesting a reasoned award, and possible challenges to the arbitrator’s award.

Love them or hate them, we cannot do without judges. At question is the best way of filling the bench. Special interest is devoted to judicial missteps including a judge’s 6-year delay in entering judgment in a civil matter and a judge stopping a trial to marry the alleged abuser and his victim. We will consider best means of addressing these issues? Is it the election or selection of judges? Examine Caperton vs. Massey under the microscope.