Richard Clem Continuing Legal Education

Richard Clem Continuing Legal Education
High quality, reasonably priced CLE opportunities

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

Update:We're running about 10 minutes behind, but I can still take resistrations for the programs Friday afternoon. To participate, please send me an e-mail, and I can add you to the program: clem.law@usa.net

All times shown are Central Daylight time. All programs begin promptly at the time shown. The phone line will be open approximately five minutes prior to the times shown. Please call in approximately five minutes prior to the start time so that attendance and opening remarks can be taken care of prior to the start of the program. All programs are live lectures.

DATE	START TIME	END TIME	PROGRAM	CREDITS APPROVED	MBCLE EVENT CODE
Friday, July 22	10:55 AM	11:55 AM	Early Minnesota Legal History	1 Standard	158473
Friday, July 22	12:00 PM	1:00 PM	Ethics 3	1 Ethics	158474
Friday, July 22	1:05 PM	2:05 PM	Ethics 4	1 Ethics	158475
Friday, July 22	2:10 PM	3:10 PM	Ethics 5	1 Ethics	158476
Friday, July 22	3:15 PM	4:15 PM	Ethics 6	1 Ethics	158477
Monday, July 25	12:00 PM	1:00 PM	MN Appellate Practice, Part 1	1 Standard	158478
Monday, July 25	1:05 PM	2:05 PM	Elimination of Bias: The Rules & An Ongoing Process	1 Bias	158479
Tuesday, July 26	12:00 PM	1:00 PM	MN Appellate Practice, Part 2	1 Standard	158480
Tuesday, July 26	1:05 PM	2:05 PM	Elimination of Bias: A Continuing Discussion	1 Bias	158481

Minnesota CLE credit has been approved as follows: 1 credit for each one-hour conference call, as shown above. Wisconsin or Iowa credit will be applied for upon request. (These programs have previously been granted credit in those states.) A small additional charge may apply for Iowa credit.

• 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.
  
• Ethics Refresher 2011 (Parts 3 through 6). 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. There are six separate programs, each of which covers a different section of the rules. They can be taken in any order, and each hour can be taken individually. Parts 1 and 2 of this program take place on July 21, and other dates.
  
• Nuts and Bolts of Minnesota Appellate Practice, parts 1 and 2 For the attorney unexpectedly faced with a case before the Minnesota Court of Appeals, it can be a daunting challenge. While the Minnesota Rules of Appellate Procedure are not onerous, they do impose requirements that might be very different from what the trial attorney is used to. In some cases, seemingly innocent violations of these rules can be disastrous. We’’ll walk through the rules and give practical guidance on how to file a notice of appeal, how to order a transcript, how to write and assemble a brief, and even what color the brief’s cover needs to be, and how it should be bound. This course will put you at ease if you are ever required to file an appeal, or if the opposing party files an appeal in a case in which you prevailed. The course materials include detailed forms and checklists, and references to the rules.
  
• Elimination of Bias: The Rules and an Ongoing Process. We'll start by looking at the rules governing bias within the legal profession, which is a subject covered by both the Minnesota General Rules of Practice, the Rules of Professional Conduct, and similar rules in other states. 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. All participants are welcome to share their insights.
  
• Elimination of Bias: A Continuing Discussion.We will continue the discussion of the issues raised by the previous program, "Elimination of Bias: The Rules and an Ongoing Process". 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. The discussion will be led and facilitated by Richard Clem. Prerequisite: Attendance at "The Rules and an Ongoing Process", either the Monday session, or another presentation.

  The last two programs meet the "Learning Goals" for Minnesota Elimination of Bias courses: The program will run 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:

  1. To educate lawyers about the elimination of bias or prejudice in the legal profession, in the practice of law, and/or in the administration of justice; ...

  3. To educate lawyers about the problems identified in the Supreme Court�s Race Bias and Gender Fairness Task Force Reports, as well as in other studies, reports or treatises which describe bias and prejudice in the legal profession, in the practice of law, and/or in the administration of justice.

  We will begin by referencing the Supreme Court's 1993 report on the elimination of bias in the judicial system, and we will also look at how both the Rules of Professional Conduct and the General Rules of Practice require us as lawyers to avoid bias.

  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.
  

• Minnesota Supreme Court: March-April 2011 decisions. This program will review the decisions of the Minnesota Supreme Court handed down during March and April, 2011. Topics include: Zoning ordinance modifying Rochester airport "safety zone" constitutes a taking since diminution in value of adjoining property was substantial. A mutual mistake of material fact does not warrant recision of the contract when the mistake is to mere value--even though the contract accidentally included two parcels of land worth twice the value of the contract. When consent is at issue, the court may receive expert testimony as to the typical behavior of sexual assault victims. We'll also look at when property is "acquired" by a tax-exempt entity so as to exempt the property from taxation. Finally, we'll take a look at the court's reluctant order of March 9 continuing the "temporary" $100 increase on Minnesota Attorney Registration fees.
  

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  This will be a live telephone conference call CLE. The speaker, Richard Clem, will be speaking live to teleconference participants from St. Paul, Minnesota. Upon registration, you will be given the telephone number to dial, and an access code to enter. This will be a toll-free number from the United States. Participants outside the United States will call a U.S. phone number in the 713 area code. You will also be e-mailed a copy of the course materials. There will be an opportunity for participants to ask questions during the conference call. In addition, it will be possible to send written questions to the speaker via e-mail, and these questions will be addressed during the call.

  When registering, please provide the phone number from which you plan to call. There will be an automatic list of participants generated based upon Caller ID, and this list will be used to verify attendance. If you need to call from a different telephone, please inform me after the program so that I can verify attendance. A certificate of attendance will be e-mailed after the program to verified attendees.

  About the Speaker

  All programs will be presented live by Richard P. Clem, who 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).

  Registration

  The easiest way to register is to use the "Buy Now" button below. Select the number of credits for which you are registering, and in the text box, specify which program(s) you will be attending. Then, click the "Buy Now" button to make your payment online. If you have a PayPal account, you will be given an opportunity to pay with that account. If you do not have a PayPal account, or don't want to use it, you may pay by credit card.

  Please select number of credits:

  One Credit $25.00 Two Credits $50.00 Three Credits $75.00 Four Credits $100.00 Five Credits $125.00 Six Credits $150.00 Seven Credits $175.00 Eight Credits $200.00

  Please specify program(s):

  

  If you prefer to pay by check, then simply send me an e-mail to clem.law@usa.net indicating which programs you wish to attend, and then mail your check to:

  Richard P. Clem Continuing Legal Education
  PO Box 14957
  Minneapolis, MN 55414

  Upon confirmation of your registration, you will be sent instructions for calling in. You will dial a toll-free telephone number to be connected to the conference. There will be an opportunity for all participants to submit questions via e-mail or at the end of the program.

  Return to my main CLE page

  Copyright 2011, Richard P. Clem Continuing Legal Education
  PO Box 14957
  Minneapolis, MN 55414
  612-378-7751