North Dakota (ND) Ethics CLE Course Catalog

From the data of Elon Musk to the texts of Alex Jones, e-discovery has become a big story in the news. With perspectives from the worlds of law and journalism, join us as we examine the e-discovery law issues and the cases that have become major media stories, including topics such as waiver of the attorney-client privilege, preservation of potential evidence, and the varied data sources making e-discovery challenging and, at times, newsworthy. In addition, we’ll examine how e-discovery matters can end up in the news and the potential pitfalls.

In the latest installment of this popular series, Zach McGee presents Part One of “The Dirty Dozen” – the 12 most unethical lawyers in the history of lawyering in the United States. The stories of the illegal and unethical conduct of these lawyers are cautionary tales for any lawyer who values his or her law license. Rules covered include: ABA Model Rules 4.1 & 8.4; California Business & Professions Code ? 6102.

In the latest installment of this popular series, Zach McGee discusses the legal ethics issues that arise when someone other than the plaintiff is funding a lawsuit, which often goes by the name “alternative litigation finance” or ALF. Zach examines these issues in the context of the two most famous ALF lawsuits that have been prosecuted to date: E. Jean Carroll’s lawsuit against former President Donald Trump alleging that he sexually assaulted and defamed her, and Hulk Hogan’s lawsuit against the gossip website Gawker alleging that the site invaded his privacy when it published a sex tape in which Hogan appeared. Rules covered include: ABA Model Rules 1.2, 1.6, 1.7, 1.8, 5.4 & 7.2; California Rules of Professional Conduct 1.2.1 & 2.1; New York Rules of Professional Conduct 1.2 & 1.8; California Business & Professions Code ? 6129.

In the latest installment of this popular series, Zach McGee examines an important question: what are your legal and ethical obligations when your client turns out to be the devil incarnate, or at the very least, a very bad and unethical person? Using the criminal fraud and conspiracy convictions of “PharmaBro” Martin Shkreli and his lawyer, Evan Greebel, as the backdrop for the discussion, Zach provides practical guidance to lawyers should they ever find themselves representing a smart, arrogant, manipulative fraudster. Rules covered include: ABA Model Rules 1.2, 1.6, 1.13, 1.16, 4.1 & 8.4

In the latest installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee examines the use of “paltering” in negotiations – the active use of truthful statements to create a false impression – to explore whether such behavior by lawyers is ethical. Paltering is a way of deceiving the other side that differs both from lying by commission – where you misstate facts – and lying by omission – where you fail to provide information. In this program, you’ll not only learn to spot when the other side in a negotiation is paltering but also to understand why paltering works so well and why people have such different views on whether it is ethical. Using a hypothetical negotiation between lawyers, Zach will review the ethics rules that apply to lawyers in negotiations and discuss whether paltering in this context is permitted by the rules. You’ll also learn some negotiation techniques that you can use when your opponent is paltering to protect yourself and your client from being deceived. Rules covered include: ABA Model Rules 4.1 & 8.4; Cal. Business & Professions Code Sec. 6068.

In this third program in the series, Zach McGee explores the topic of business ethics versus legal ethics to help you answer two key questions: what are your business clients taught about ethics, and how can you, as their lawyer, help them make ethical business decisions? Zach uses notorious scandals at Theranos, Volkswagen and Turing Pharmaceuticals to illustrate how real-world institutional and competitive pressures can lead some business leaders to follow unethical business practices. Rules covered include: ABA Model Rule 2.1; ABA Model Rule 4.1; and Cal. Bus. & Prof. Code Section 6068.

In this installment of our Double Play series, our two, thirty-minute programs cover five ethical traps in defending class actions and ethical issues in multijurisdictional practice. Can your company offer customers a discount on future purchases in exchange for a waiver of claims after a class has been certified? Can you ethically obtain declarations from putative class members to help oppose class certification? This program considers these and other important ethical issues that often arise in class actions. How well do you know the rules that govern your ability to perform legal services in a state where you are not licensed or the sanctions for violating them? This program gives you the guidance you need to avoid engaging in the unauthorized practice of law.

We all know that CLE programs are boring and a chore to watch. But we’re breaking the rules – a CLE program that’s intentionally funny and (gasp) entertaining, yet somehow still informative. Actor, writer, producer and recovering lawyer, Mark Wooster, presents a humorous take on what lawyers should – and should not – do in the service of their clients. Using clips from some famous films and television shows about lawyers as well as some real-world examples of lawyers and judges gone “rogue,” Mark will illustrate the ethics rules that apply to lawyers who get caught in unusual and embarrassing situations. Reserve your seat today and we’ll waive the two-drink minimum!

They say that love is blind, but it is also unethical? Recently, many states have enacted legal ethics rules that expressly prohibit dating a client, while in others, lawyers remain free to date a client unless the romantic relationship adversely affects the lawyer’s representation of the client. In this topical and engaging program, Andrew Struve examines the legal, ethical and practical implications when lawyers choose to date clients and other lawyers.