Richard Clem Continuing Legal Education
Video Replays: Friday, January 18,, 2013
7.5 Credits Only $99

This CLE program took place in the past. For information on upcoming low-cost CLE programs, please visit my main CLE page.

The program previously scheduled for Saturday, January 19 has been cancelled. The Friday program will be done as scheduled. Walk-in registrations are welcome, but if you plan on arriving after 12:30 PM, please preregister by Thursday, or call me the day of the program at 651-285-5474.

Video Replays, January 18, 2013


Identical program each day:
Friday, January 18, 2013, 8:30 AM - 4:40 PM
Saturday, January 19, 2013, 8:30 AM - 4:40 PM Saturday session cancelled
7.5 credits, only $99
Community Meeting Room
Lower Level, Como Lakeside Pavilion
1360 North Lexington Parkway
St. Paul, Minnesota 55103


I will have extra copies of the course materials available, but to make sure you receive one, you might want to download a copy. The following links are to the PDF files:


*-CLE credit has been approved/applied for as follows: Minnesota: 7.5 Credits, including 3.0 ethics and 2 bias approved (MBCLE event codes 175565 [Friday] and 175566 [Saturday]). Wisconsin: CLE credit has been applied for. Iowa: CLE credit applied for upon request.
Cost: $99 for all 7.5 credits. You may also attend any portion of the course for only $25 per credit.

Program Description

We have six video replays scheduled. This program was originally presented in Eagan, MN, on May 22, 2012.

Ethics: Competence, Dilligence, Communications, Fees, Confidentiality. This will be a comprehensive look at the Minnesota Rules of Professional Conduct covering these areas. We'll cover Rules 1.1 through 1.6 during this part of the presentation. Since nearly identical rules have been adopted in most other states, this program serves as a good refresher for the rules in those states as well. We'll spend most of our time looking at the "black letter" rules, a topic which is often overlooked at most ethics CLE programs. However, there will be opportunities for discussion of the myriad of "gray areas" that arise whenever one looks at legal ethics.Video Replay, presented by Richard Clem, one hour.

Ethics: Conflicts of Interest. This will be a comprehensive look at the Minnesota Rules of Professional Conduct covering these areas. We'll cover Rules 1.7 through 1.12 during this part of the presentation. Since nearly identical rules have been adopted in most other states, this program serves as a good refresher for the rules in those states as well. We'll spend most of our time looking at the "black letter" rules, a topic which is often overlooked at most ethics CLE programs. However, there will be opportunities for discussion of the myriad of "gray areas" that arise whenever one looks at legal ethics. Video replay presented by Richard Clem, one hour.

Elimination of Bias 2012. Video replay. We'll start by looking at the rules governing bias within the legal profession, which is a subject covered by both the General Rules of Practice and the Rules of Professional Conduct. We will then see how well we are collectively doing as a profession and legal system in abiding by those rules. We will do so through the eyes of participants at a series of community dialogues at which community members were asked to describe their experiences and discuss ideas for advancing racial equality and fairness in the courts. There will be opportunity for discussion, and participants are welcome to share their insights.

We will discuss issues such as the importance of diversity of the bench and court staff, and whether this is necessary for actual fairness, perceived fairness, or both. We will discuss the importance of overcoming barriers to access to the courts, such as lack of public transportation. We will discuss the special issues of immigrant and refugee parents whose children interact with the judicial system. We will discuss actual and perceived racial profiling. We will discuss the unintended immigration consequences of state court actions. Finally, we will discuss how the system can better reach out to communities of color, both as a system, and as individual attorneys. Moderated video replay, two hours. Originally presented in St. Paul, March 27, 2012. Richard Clem, who originally presented the program, will be the moderator.

Elimination of Bias Learning Goals

This program will run more than sixty continuous minutes, will relate directly to the practice of law, and is designed to meet the first and third learning goals for elimination of bias courses:

Then, we will look at how well we are doing in meeting these requirements, as seen by various communities, including communities of color. In particular, we'll examine the suggestions made by members of the public at community dialogues held over the past three years by the Supreme Court's Racial Fairness Committee.

There will be opportunities for participants to discuss these suggestions, and to offer our own suggestions on how we can fulfill these professional obligations.

Ethics: Special Client Rules, Client Property, Attorney Functions. This will be a comprehensive look at the Minnesota Rules of Professional Conduct covering these areas. We'll cover Rules 1.15 through 4.4 during this part of the presentation. Since nearly identical rules have been adopted in most other states, this program serves as a good refresher for the rules in those states as well. We'll spend most of our time looking at the "black letter" rules, a topic which is often overlooked at most ethics CLE programs. However, there will be opportunities for discussion of the myriad of "gray areas" that arise whenever one looks at legal ethics. Video replay presented by Richard Clem, one hour.

Early Minnesota Legal History. Lawyers generally don't think of themselves as historians, but we frequently do the work of historians. We seek out historical events (which we call "precedents") and try to apply these historical lessons to current situations. Minnesota's legal history has a long pedigree, dating back to the Northwest Ordinance of 1787. These antecedents give our laws a "chain of title" that is sometimes ignored. Some of the historical antecedents we'll look at are merely interesting "old cases" with little practical application. But others come under the heading of "venerable precedents", which can sometimes make an argument more compelling. And in a few cases, the law as it existed prior to statehood was arguably enshrined into the state constitution, in which case it takes on special significance. Video replay presented by Richard Clem, one hour.

Proof of Foreign Law. This program will discuss the ramifications of the Seventh Circuit’s decision in Bodum USA, Inc., v. La Cafetiere, Inc., 621 F.3d 624 (7th Cir. 2010), and what it means for the practitioner who needs to present the law of a foreign country to a U.S. Court. Two of the three opinions generated by Bodum were critical of the common-law practice of the use of expert affidavits to establish foreign law, even though the practice is permitted by the Federal Rules of Civil Procedure. We’ll look at the common-law antecedents of this decision, the modern practice in various jurisdictions, and how the practitioner should respond to the three somewhat conflicting opinions in Bodum. Video replay presented by Richard Clem, one hour.

About the Speaker

Richard P. Clem has a B.A. in history from the University of Minnesota, and a J.D., cum laude, from Hamline University School of Law. He has been in private practice in the Twin Cities for over 20 years. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State,468 N.W.2d 580 (Minn. Ct. App. 1991).

Course Schedule

8:30 Registration, Opening Remarks
8:45 Ethics: Competence, Dilligence, Communications, Fees, Confidentiality (1.1-1.6) (Ethics, one hour)
9:45 Break
9:50 Ethics: Conflicts of Interest (1.7-1.12) (Ethics, one hour)
10:50 Break
10:55 Elimination of Bias (Video Replay) (Elimination of bias, two hours)
12:55 Break
1:00 Ethics: Special Client Rules, Client Property, Attorney Functions (1.15-4.4) (Ethics, one hour)
2:00 Break
2:05 Minnesota Legal History (One hour, thirty minutes)
3:35 Break
3:40 Proof of Foreign Law (One hour)
4:40 Closing Remarks

Location and Directions

Como Lakeside Pavilion is located in Como Park, on the west side of Lake Como, on Lexington Parkway. From Interstate 94, take Lexington north 2.3 miles. From Minnesota Highway 36, take Lexington south 1.9 miles. Free parking is available in the two large lots near the Pavilion. There is additional free parking nearby in the lot on East Como Boulevard, and elsewhere in the park. Enter the building through the main café entrance on the parking lot level and take the elevator to the lower level. The location is accessible to persons with handicaps. Outside food and beverages are not permitted, but coffee and a wide variety of food and beverages are available from Black Bear Crossings upstairs.

The cost for the entire program is $99. You may also attend any portion of the program for only $25 per credit. You may register by mail by sending payment, along with a note indicating which programs: Richard P. Clem
PO Box 14957
Minneapolis, MN 55414
Phone (612) 378-7751
For questions the day of the CLE, Cel. (651) 285-5474

You may also register securely online by following the "Buy Now" link below. If you have a PayPal account, you may sign and and use your PayPal account. If you do not have a PayPal account, of if you prefer to simply use a credit card, you may also do so by following this link.

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If you have any questions, please e-mail me at clem.law@usa.net or call me at 612-378-7751.



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