Richard Clem Continuing Legal Education
Saturday, June 25, 2011

Update: Currently, I can accomodate walk-ins for all of the sessions of Saturday's program, and you can register at the door. However, if you arrive between approximately 9:30 AM and 11:30 AM, please call me first on my cel phone, 651-285-5474, so that I can make sure the room is open for you.

Saturday, June 25, 2011
8:30 AM - 3:50 PM
Community Meeting Room
Lower Level, Como Lakeside Pavilion
1360 North Lexington Parkway
St. Paul, Minnesota 55103

To help out those attorneys in Minnesota CLE category 3, who need to complete their CLE requirement by June 30, 2011, I'm offering a number of reasonably priced live programs and video replays in St. Paul on Saturday, June 25. These programs include Ethics credits, and I'll also be doing Elimination of Bias programs on different dates, including Sunday, June 26. The cost is only $25 per credit, and you may attend any portion of the program. Pre-registration is required for most of these programs, although you may pay by check at the door. Minnesota CLE credit has been approved for all programs as shown below. Wisconsin or Iowa credit will be applied for upon request (These programs have previously been approved in all three states).

Additional programs will be held on Saturday, June 18, and Monday, June 25, in St. Paul, and Thursday, June 23, in Duluth. For further information, please visit my main CLE page.

Ethics Refresher 2011 (Part 1). Video Replay, 8:30 AM. This will be a comprehensive review of the Rules of Professional Conduct for attorneys in Minnesota, Wisconsin, and Iowa. All three states have adopted substantially similar rules governing lawyers, and this course will review the rules as adopted in all three states. Where the rules differ, we will go over the differences. Seeing these differences is useful for the practitioner in that particular state, but also gives insight into the meaning of the rule in other states. And since the same model rules serve as the basis for most states' rules, this course will provide practical guidance for attorneys in most U.S. jurisdictions. Many lawyers review the Rules in their entirety only once, and that is before they take the Multistate Professional Responsibility Exam in law school. But the rules change over the years and decades, and some of the finer points might be forgotten. Therefore, this course will serve as a useful refresher for the practitioner to avoid ethical pitfalls. This three hour segment is designed to satisfy the entire ethics requirement for the reporting period in Minnesota, Wisconsin, and Iowa. This portion of the program covers Rules 1.0 through 4.4 (and Wisconsin Rule 4.5). It is also a part of a longer six-hour program, the second half of which is presented on various dates. Three hours.

Early Minnesota Legal History. Live program presented by Richard Clem, 11:35 AM. 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. One hour.

Recent Seventh Cirucit Decisions. Video Replay, 12:40 PM. We'll be looking at recent noteworthy cases from the U.S. Court of Appeals for the Seventh Circuit. Topics include: Wisconsin Unfair Sales Act not preempted by Sherman Act; Wisconsin integrated bar compelled speech limitations; "heckler's veto"; speech by student organizations; firearms possession by user of controlled substance; Wiretap Act; EEOC retaliation claim; and more. There will be opportunity for questions and answers.

Proof of Foreign Law After Bodum. Live program presented by Richard Clem, 1:45 pm. 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. One hour.

Ethics Refresher 2011 (Part 6 of 6). 2:50 PM. This will be a comprehensive review of the Rules of Professional Conduct for attorneys in Minnesota, Wisconsin, and Iowa. All three states have adopted substantially similar rules governing lawyers, and this course will review the rules as adopted in all three states. Where the rules differ, we will go over the differences. Seeing these differences is useful for the practitioner in that particular state, but also gives insight into the meaning of the rule in other states. And since the same model rules serve as the basis for most states' rules, this course will provide practical guidance for attorneys in most U.S. jurisdictions. Many lawyers review the Rules in their entirety only once, and that is before they take the Multistate Professional Responsibility Exam in law school. But the rules change over the years and decades, and some of the finer points might be forgotten. Therefore, this course will serve as a useful refresher for the practitioner to avoid ethical pitfalls. This is part of a longer six-hour program, the second half of which is presented on various dates. One hour.

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).

Minnesota CLE credit has been applied for as shown on the table above.

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 caf� entrance on the parking lot level and take the elevator to the lower level. 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 of this program is $25 per credit, for as many or as few credits as you attend. To register, simply send an e-mail to me at clem.law@usa.net letting me know which program(s) you wish to attend. You may pay by check at the door.

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. From the drop-down menu, please select the number of credit(s) you will be attending. In the comment field (or in a separate e-mail), please let me know which part(s) of the program you plan to attend.

Please select number of credits

Full program $120.00 One credit $25.00 Two credits $50.00 Three credits $75.00 Four credits $100.00

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