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Basic Skills for the Illinois Newly Admitted Attorney

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Produced on April 01, 2017

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Course Information

Time 6h 10m
Difficulty Beginner

Course Description

The Basic Skills for the Illinois Newly Admitted Attorney program helps bridge the gap between education and real world application.  

Every session is curated to provide engaging content featuring examples and scenarios applicable to daily life for law practitioners including e- discovery, mediation, alternate fee arrangements and legal malpractice. 

Session 1: "Ethics: The Heart of Mediation" — Simeon H. Baum and Daniel F. Kolb

Mediation requires conflicting parties to swim in the waters of trust. Where trust might be said to be at the heart of ethics, no course on mediation would be complete without an exploration of essential ethical issues in mediation. 

In Part VI of Lawline’s June 26,  2016 ADR Day program, Simeon H. Baum, President, Resolve Mediation Services, Inc. (www.mediators.com) and Dan Kolb, of Davis Polk, review the chief ethical issues to which all mediators should be sensitive. Guided by the AAA/ABA/ SPIDR (ACR) Standards of Conduct for Mediators, they examine these issues and standards in detail. 

Session 2: "When the Impaired Lawyer Comes to Work" —Jonathan A. Segal

Addiction knows no socioeconomic boundaries. In fact, attorneys have a higher addiction rate than the general population. Studies show that at least 10% of attorneys have some substance abuse problem. Some studies suggest the number may be as high as 15%.

While addiction may know no boundaries, impaired attorneys create special challenges. Attorneys may be more resistant to change because of the fear of losing control (even when they are already out of control). They also often have more difficulty asking for help.

However, we cannot be afraid to confront them. Because of their positions, they can wreak havoc. Substance abuse is one of the top causes of malpractice. Further, attorneys who abuse substances often abuse the staff who work for them, exposing the employer to employment claims.

Yet, confronting professionals is not  risk free either. The ADA makes direct confrontations of lawyers (who are employees) dicey. Ironically, the “regarded as” prong of the ADA may be used to challenge kind-hearted and factually-accurate interventions.

This program focuses on the persistent problem of substance abuse in our profession and how to balance the various rights and risks. The program discusses some of the more salient issues from 3 perspectives: the employer or law firm, the impaired attorney and  by-standers  who may want to help but are not sure what to do. Ethical issues that surround workplace substance also are explored.

Session 3: "Steps to Eliminate Bias in the Legal Profession" — Andrea S. Kramer 

Gender stereotypes and the biases that flow from them remain a serious problem in the legal profession, even in the most well-intentioned law firms and organizations. When lawyers understand gender stereotypes and biases, they can effectively combat gender discrimination and improve gender diversity in the legal profession. This course provides lawyers with the information and insights they need to recognize and stop often subtle and unconscious gender biases. It also provides advice and techniques that women and men can use to avoid or overcome such gender bias. 

The presenter, Andrea S. Kramer, is a practicing attorney with extensive experience in law firm management, hiring and promotion, compensation, and gender bias. She has served in senior management positions at her law firm and has in-depth experience with all aspects of personnel management, including recruiting, hiring and firing, individual and team supervision, compensation, and promotion. She has co-written more than thirty professional and gender-related articles and book chapters with her husband and fellow attorney Alton Harris, and they have collaborated in mentoring women in a variety of positions and fields and speaking to business and professional groups about overcoming gender bias, and webcasts and blogs on the elimination of bias in the legal profession. This course is based on their personal experiences and the research used in their book, Breaking Through Bias: Communication Techniques for Women to Succeed at Work, Bibliomotion, Brookline, MA, 2016.

Session 4: "The Ethics of e-Discovery: What “Competence” Means”" — Ronald Hedges and Kristen Weil 

Electronically stored information (ESI) is everywhere. Not surprisingly, ESI is a common feature of civil litigation and disputes and misunderstandings arise on a daily basis about  discovery  of ESI. Model Rule of Professional Conduct 1.1 speaks of the competence of lawyers and, as amended in 2012, requires lawyers to be aware of the benefits and risks of technology.

What does it mean for an attorney to be competent in terms of ESI? What conversations should (s)he have with her or his client and opposing counsel in order to frame and respond to discovery requests? How should an attorney undertake a search for ESI or describe how (s)he wants it produced? What should an attorney do to protect against inadvertent production of privileged information or work product?This session explores these and other questions through in the context of e-discovery and Rule 1.1.


Session 5: "Off to a Good Start Part I: The Ethics Of Client Selection" — Daniel Abrams 
 

When good attorneys get sued for legal malpractice or embroiled in a disciplinary proceeding, the problem can usually be traced back to the decision to take on a client or legal matter, or a flaw in the terms of the retention. “Off to a Good Start,” led by attorney Daniel Abrams and designed to help the junior or intermediate lawyer, explores the applicable law and ethics rules most relevant to client selection and retention.

In Part I of “Off to a Good Start,” Mr. Abrams addresses ethics and client selection, and covers, among other things, assessing a prospective client, types of clients to avoid, duties to prospective clients, whether and when to send a non-engagement letter, and dealing with prospects on the Internet. 



Credit Information

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Faculty

Daniel Abrams

Law Office of Daniel L. Abrams, PLLC

Daniel L. Abrams’ practice focuses on legal malpractice, and business litigation. Mr. Abrams has helped many corporations and individuals complaining of inadequate legal services or overbilling obtain relief and settlements from their former attorneys. He represents mostly plaintiffs but occasionally defendants in legal malpractice cases and other disputes related to legal ethics, including legal fee disputes, breach of fiduciary duty cases, cases alleging conflicts of interest, and other professional responsibility issues. Lawyers and law firms frequently hire Mr. Abrams to serve as lawyer, expert or consultant on issues related to legal ethics or the law governing lawyers. He has taught legal ethics to other lawyers for the Practicing Law Institute, the New York State Bar Association, Lawline.com and Access MCLE. He has also appeared as a guest lecturer at Suffolk Law School.

In addition to his legal malpractice and ethics practice, Mr. Abrams has an active business litigation practice. Mr. Abrams’ clients include business owners, general counsel, and individuals in a full range of business litigation and arbitration matters. His cases have included business dealings arising out of oil & gas contracts, licensing agreements, business mergers, employment agreements, financing arrangements, business fraud, trade secrets, and corporate whistleblower allegations. His litigation cases include a successful multi-million dollar reversal of an arbitration award, a defense victory after a bench trial in a breach of contract case, and many favorable settlements of commercial disputes and legal malpractice cases.

Mr. Abrams received his J.D. from Yale Law School in 1995 where he was an Olin Fellow of Law and Economics. He is a member of The Association of Professional Responsibility Lawyers and the Association of the Bar of the City of New York, where he served on the Professional Responsibility Committee and the Subcommittee on Lawyer Promotion and Advertising from 2004-2007. He is a member of the bar of the United States Supreme Court, Southern District of New York, Eastern District of New York, Second Circuit United States Court of Appeals, Sixth Circuit United States Court of Appeals, and Tenth Circuit United States Court of Appeals. 



Simeon H. Baum

Resolve Mediation Services, Inc.

Simeon Baum, President of Resolve Mediation Services, Inc. (www.mediators.com), has successfully mediated over 1,000 disputes. He has been active since 1992 as a neutral in dispute resolution, assuming the roles of mediator, neutral evaluator and arbitrator in a variety of cases, including the highly publicized mediation of the Studio Daniel Libeskind-Silverstein Properties dispute over architectural fees relating to the redevelopment of the World Trade Center site, Trump’s $ 1 billion suit over the West Side Hudson River development, and Archie Comics’ shareholder/CEO dispute. He was selected for New York Magazine’s 2005 - 2014 “Best Lawyers” and “New York Super Lawyers” listings for ADR (http://www.superlawyers.com/new-york-metro/lawyer/Simeon-H-Baum/1de9e280-ba02-4bfb-8fe8-659bc286b8e4.html) and Best Lawyers’ “Lawyer of the Year” for ADR in New York for 2011 and 2014 (http://www.bestlawyers.com/Lawyers/Simeon_H_Baum)and for the International Who’s Who of Commercial Mediation Lawyers 2012-14.

An attorney, with 30 years’ experience as a litigator, Mr. Baum has served as a mediator or ADR neutral in a wide variety of matters involving claims concerning business disputes, financial services, securities industry disputes, reinsurance and insurance coverage, property damage and personal injury, malpractice, employment, ERISA benefits, accounting, civil rights, partnership, family business, real property, construction, surety bond defaults, unfair competition, fraud, bank fraud, bankruptcy, intellectual property, 

Mr. Baum has a longstanding involvement in Alternative Dispute Resolution ("ADR"). He has served as a neutral for the United States District Courts for the Southern and Eastern Districts of New York Mediation Panels; New Jersey Superior Court, Civil Part, Statewide; Commercial Division, New York State Supreme Court, New York & Westchester Counties; U.S. Bankruptcy Court, Southern & Eastern Districts of New York; the New York Stock Exchange; National Association of Securities Dealers; the U.S. Postal Service, the U.S. Equal Employment Opportunity Commission, and CPR, and National Academy of Distinguished Neutrals (NADN), among others. 

Mr. Baum’s peers have appointed him to many key posts: e.g., Member, ADR Advisory Group, Commercial Division, Supreme Court, New York County; ADR Advisory Group and Mediation Ethics Advisory Committee, N.Y. State Unified Court System. Founding Chair of the N.Y. State Bar Association’s Dispute Resolution Section, he was also subcommittee chair of the N.Y. State Bar Association’s ADR Committee; Legislative Tracking Subcommittee Chair of the ADR Committee of the Litigation Section of the American Bar Association; Charter Member, ABA Dispute Resolution Section Corporate Liaison Committee; President, Federal Bar Association’s SDNY Chapter, and Chair of the FBA’s national ADR Section. He is past Chair of the New York County Lawyers Association (NYCLA) Committee on Arbitration and ADR. Besides serving on the NYCLA’s Committee on Committees, he is past Chair of the Joint Committee on Fee Dispute and Conciliation (of NYCLA, ABC NY, and Bronx County Bar Associations), and is on the Board of Governors, NYS Attorney-Client Fee Dispute Resolution Program. He is also a Fellow of the American Bar Foundation. He is a Director for the New York NADN panel. 

Mr. Baum has shared his enthusiasm for ADR through teaching, training, extensive writing and public speaking. He has taught ADR at NYU's School of Continuing and Professional Development, and he teaches Negotiation, and Processes of Dispute Resolution (focusing on Negotiation, Mediation and Arbitration) at the Benjamin N. Cardozo School of Law. He developed and conducts 3-day programs training mediators for the Commercial Division, Supreme Court, New York, Queens, and Westchester Counties. He has been a panelist, presenter and facilitator for numerous programs on mediation, arbitration, and ADR for Judges, attorneys, and other professionals. Mr. Baum is a graduate of Colgate University and the Fordham University School of Law.



Andrea S. Kramer

McDermott Will & Emery LLP

Andie has vigorously worked to remove discriminatory barriers to women’s career advancement for over 30 years. Despite her successful and demanding legal practice, Andie has helped thousands of women navigate both obvious and subtle gender-based obstacles to successful careers. Her keen insights into the nature and operation of gender bias and her pragmatic techniques for avoiding or overcoming these obstacles have made her a nationally recognized authority on gender discrimination, the nature and operation of stereotypes and biases, and practices and policies to increase women’s leadership opportunities.

Andie is the co-author, with her husband, Al Harris, of Breaking Through Bias: Communication Techniques for Women to Succeed at Work (2016) and It’s Not You It’s the Workplace, Women’s Conflicts at Work and the Bias that Built It (August 2019). She is a co-author of the American Bar Association’s guide “What You Need to Know About Negotiating Compensation.” She has written hundreds of articles and blog posts, and she’s a Forbes contributor.

Andie is a partner in an international law firm where she was the first chair of its Gender Diversity Committee and now takes great pride that her firm has recently been named one of the “10 Best Big Law Firms for Female Attorneys.” She was named one of the 50 Most Influential Women Lawyers in America by the National Law Journal for her “demonstrated power to change the legal landscape, shape public affairs, launch industries, and do big things.” She also received the Founders Award from the Chicago Bar Association, the Women with Vision Award from the Women's Bar Association of Illinois, the Inspiration Award from the Coalition of Women in Law Initiatives, and was named the 2014 Gender Diversity Private Practice Lawyer of the Year by ChambersUSA for her outstanding contributions to furthering the advancement of women in law.

Andie is a dynamic, inspirational speaker who conducts workshops around the country on gender, bias, communication, and workplace relationships. She draws on her research, work advocating for women, and professional experiences to provide realistic, detailed, and readily usable advice. More about Andie, her writing, and her upcoming speaking engagements can be found at www.AndieandAl.com.



Jonathan A. Segal

Duane Morris LLP

Jonathan A. Segal is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group. He is also the managing principal of the Duane Morris Institute. The Duane Morris Institute is the educational arm of the Employment Group. It delivers on-site training, webinars, on-demand training, and e-training for human resource professionals, in-house counsel, and other leaders.

Previously a litigator, Jonathan’s practice focuses on:

  • Counseling, strategic planning, leadership training and policy development with regard, to among other issues:
    • COVID-19 and health and safety; 
    • Sexual and other unlawful harassment;
    • International compliance plans;
    • Gender and other pay equity;
    • FLSA/wage and hour compliance;
    • Implicit bias in general and disrupters in particular; 
    • Diversity, inclusion and belonging (with emphasis on gender and race);
    • Impaired professional
    • Social media;
    • Background checks;
    • Performance development and management;
    • Reductions in force;
    • Recruiting/interviewing/hiring;
    • Violence in the workplace;
    • Investigating EEO and other claims;
    • Attorney-client privilege;
    • Employment policies and handbooks; and
    • Technology and privacy.
  • Administrative charges, for example, discrimination, harassment, retaliation and failure to accommodate charges as well as wage and hour charges before federal, state and local agencies.
  • Mergers & Acquisitions, for example: legal and cultural due diligence; bargaining issues with the union, if any; drafting representations and warranties; reconciling employment policies and practices to minimize legal risks and to ensure cultural compatibility; implementing reductions-in-force as necessary; and drafting stay bonuses, as appropriate (either before or after closing).
  • Privileged audits, for example climate surveys (harassment); wage and hour compliance; gender and other pay equity; union susceptibility; and diversity and inclusion (unconscious and systemic barriers).
  • Agreements, for example, business protection agreements (such as non-competes); confidentiality agreements, employment agreements, independent contractor agreements, and recruiter agreements.
  • Traditional labor, for example union prevention programs, union election campaigns, collective bargaining, contract interpretation and management rights training.

Jonathan is a member of Duane Morris’ COVID Strategic Task Force.  Jonathan delivered his first webinar on COVID-19 in the first week of February 2020, one of the first, if not the first, webinar for employers in the country.    .

Jonathan has served for 20 years as a consultant to the Federal Judicial Center in Washington, D.C., providing training on employment issues to federal judges around the country. The training covers issues judges face not only in court but also in chambers.

Jonathan was appointed in March 2015 by the EEOC to its Select Task Force on Harassment.

Jonathan was cited in and provided background to Time with regard to the 2017 Person of the Year: Silence Breakers. December 2017.

In 2020, for the 11th year in a row, Jonathan also has been named by HRExecutive as one of the nation’s top corporate Employment Attorneys.

In 2020, for the 10th year in a row, Jonathan has been listed in Chambers USA:  America’s Leading Lawyers for Business among the top-rated lawyers for labor and employment in Pennsylvania. Chambers said of Jonathan, “Jonathan Segal is particularly experienced in counseling and training employers on policy development matters.  He is described by a client as ‘the king of making legal answers work in a business context.’  Another client wrote:  “If Superman wore pinstripes, his name would be Jonathan Segal.”

Jonathan is also frequently a featured speaker at national, state and local human resource, business and legal conferences, including conferences sponsored by SHRM and the Pennsylvania State Chamber of Business and Industry. He consistently is one of the top-rated speakers.

Temple University’s Fox School of Business and Management named Jonathan the recipient of its “Outstanding HR Leader of 2013” award. The award recognizes an individual who promotes progressive HR practices and is committed to advancing the profession through educating current and future HR leaders. Jonathan was the first recipient.

Jonathan has been cited as a national authority on employment issues in articles in the The Wall Street Journal, The Washington Post The New York Times, The Harvard Business Review USAToday, Fortune, Philadelphia Inquirer, Associated Press, Reuters, Business Week, The Los Angeles Times, CNN Online, Money, and the Philadelphia Business Journal, among many others.

Jonathan is the Chair of the Pennsylvania Chamber’s Legislative Committee. Jonathan leads the group in providing counseling on pending legislation and in participating in drafting proposed legislation.

Jonathan has testified as an expert for SHRM before:

-The United States Commission on Civil Rights with regard to the Equal Employment Opportunity Commission’s guidance on background checks.

-The Equal Opportunity Commission with regard to the intersections between social media and employment law.

Jonathan has published more than 400 full-length articles and blogs on employment, HR and leadership issues for, among others, SHRM, Bloomberg, Fortune, Chief Executive, Entrepreneur, Philadelphia Business Journal and Talent Culture.

Jonathan was profiled in DiversityInc for efforts in helping organizations increase their inclusiveness relative to diversity, broadly defined.

Jonathan is a member of  SHRM’s Compensation Equity Committee.

Jonathan received his B.A., summa cum laude, from the University of Pennsylvania and his J.D., cum laude, from the University of Pennsylvania School of Law.

Jonathan’s passions include animal rescue, Holocaust remembrance, and psychology. On the fun side, Jonathan remains mad about AMC’s Mad Men and is fortunate to have Bruce Springsteen as his workout partner. Even so, Nina Simone is Jonathan’s favorite musical artist.




Daniel F. Kolb

Davis Polk & Wardwell LLP

Dan Kolb has over 45 years of experience as a Litigation Partner and now Senior Counsel at Davis Polk & Wardwell, representing a wide range of commercial clients in Federal and State Trial and Appellate Courts throughout the United States. He has handled significant matters centering on securities, banking, accounting and tax fraud, professional liability, contract, antitrust, estate and Constitutional issues. In his practice he has been involved in numerous arbitrations and mediations and in a range of international matters, serving for many years as Practice Coordinator for the Davis Polk Litigation Department and Head of its Washington Office.

Since becoming Senior Counsel in 2011, Dan has become a committed Arbitrator and Mediator. He is a Member of the American Arbitration Association Accounting and Commercial Arbitration and Mediation Panels and CPR’s Panel of Distinguished Neutrals. He serves regularly as a Court Appointed Mediator for the Second Circuit Court of Appeals, the United States District Court for the Southern District of New York and the Appellate Division First Department and is a member of the New York Supreme Court Commercial Division Panel of Mediators. His experience as a neutral covers a wide range of commercial matters.

Dan is an active Member of the New York State Bar Dispute Resolution Section, serving currently as Chair-Elect of the Section and Co-Chair of its Ethics Committee, and having served as Co-Chair of its Diversity Committee. He is also a Member of the New York City Bar ADR Committee and the American Arbitration Association’s Accounting Advisory Committee. He has served as a Member of the Mediation Advisory Committee for the United States District Court for the Southern District of New York.

Apart from experience as a neutral Dan has Chaired the Executive, Judiciary and Litigation Committees of the New York City Bar, and served as Co-Chair of the Lawyers Committee for Civil Rights Under Law and Chair of the Access to Justice Committee of the American College of Trial Lawyers. He is currently serving as a Vice-Chair of the Legal Aid Society Board and as a Board Member of the Brennan Center For Justice, chairing its Audit and Governance Committees.



Ronald Hedges

Dentons

Ronald is a member of Dentons' Litigation and Dispute Resolution practice group. He has an extensive experience in e-discovery and in management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information ("ESI"). 

Ron Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges. 

Ron was an adjunct professor at Seton Hall University School, where he taught mediation skills. He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law— Newark. He taught courses on electronic discovery and evidence at both these schools. Ron was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12. He is also a member of the College of the State Bar of Texas.



Kristen Weil

Dentons

Kristen Weil is a senior managing associate in the Dentons New York office and is part of the Litigation and International Arbitration practice groups. Kristen focuses her practice on domestic and international dispute resolution, including complex commercial litigation and arbitration matters. She has a wide variety of experience with matters involving business torts, contract disputes, regulatory investigations and proceedings, insurance, and intellectual property protection, in federal and state courts throughout the United States, and before arbitration tribunals such as the International Centre for Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA), and the International Chamber of Commerce (ICC). 



Reviews

SM
Scott M.

very pragmatic good advice!

YB
Youssef B.

Great course!

TR
Trina R.

Comprehensive good

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