Section CLE Publications

To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx.

To view Constitutional Rights CLE Programs, click here.

2006 - A New Era in Lobbying and in the Conduct of Elections in North Carolina

Abstract: The New Lobbying Law (Overview of the new law governing lobbying, lobbyists, reporting requirements to the Secretary of State; Outline of implementation and rule making process for 2006; Review of new corporate compliance provisions and pitfalls.) ... Views on the Lobbying Law (implementation, legalities and practicalities) ... Feedback to the Secretary of State ... Ethics and Legislative Representation (Zealously representing legislative clients ethically and public advocacy constraints) ... Issue Advocacy - Part I - Corporate Advocacy (An examination into the increasing use of public relations/lobbying firms in the legislative process for corporate issue advocacy; Legal considerations in corporate funding grass root efforts, political advertising and contributions) ... Issue Advocacy - Part II - NC's 527 Legislation (Republican Governors Association v. NC State Board of Elections) ... Anatomy of an Election - Fletcher v. Atkinson ... New Paradigms in Political Advertising (Analysis of litigation under "Stand by Your Ad" legislation) ... State Election Law Changes (absentee and out of precinct voting requirements; changes in Board of Election policy; review of court cases) ... *Click "view TOC" below to search the Table of Contents*

ABA Model Rules: A Practical Update on Ethics for Practicing Attorneys, Part 1

Abstract: This two-part audio CD provides listeners with an update on proposed changes to the ABA Model Rules of Professional Conduct and a broad-based review of developments in practical lawyer ethics. The audio CD is organized in part by the discussion of scenarios and include discussion developments related to conflicts of interest, multiple representation, malpractice insurance, and confidentiality.

ABA Model Rules: A Practical Update on Ethics for Practicing Attorneys, Part 2

An Ounce of Prevention is Worth a Pound of Cure (2008 Ethics/Professionalism and Substance Abuse Awareness)

Abstract: Why Gamble With Your Career? ... Dealing with Gambling and Other Addictions ... The Impaired Lawyer's Impact on the Law Firm (Learn to identify the types of impairment that affect attorneys; Recognize and be able to document objective symptoms of impairment; Appreciate the impact an impaired professional has on his/her employer, colleagues, and clients; Evaluate risks of ignoring impairment including financial and ethical repercussions) ... The Disciplinary Process after a Lawyer is Found to be Impaired (What are the steps in the disciplinary process taken by the NC State Bar after a lawyer's ability to practice law is impaired by substance abuse and/or chemical addiction?) ... *Click below on "view TOC" to search the Table of Contents*

Anatomy of a Hoax: Prosecutorial Misconduct and the Duke Lacrosse Cases

Abstract: Overview of Duke Lacrosse Cases: Evidence, Lineups and DNA ... Dealing with the Media, the Mob and Truth: Organizing an Effective Public Defense in the Era of the Internet ... Lessons Learned: Why the Prosecution Failed and What It Means for the System ... This publication is a comprehensive overview and discussion of the Duke Lacrosse prosecutions. Presented by the lead attorneys for each of the Defendants, the publication explores the evidence in the case, the actions of the District Attorney, how the Defense organized itself to respond to the initial media and public attacks, analyzes why the prosecution ultimately failed, and includes a panel discussion on the implications of this case for the future. ... *Click below on "view TOC" to search the Table of Contents*

Attorney Ethics in Negotiations

Abstract: What specific professional obligations does an attorney have when entering negotiations with another attorney? This audio CD examines the standards of conduct applicable to attorneys in negotiations, including those honesty, avoiding deception, and potential duties to disclose.

Basics of Immigration Law

Abstract: Sources and Administrative Structure of Immigration Law (INA; Sources of Law; Agency Organization; Recent Legislative Developments) ... Categories of Immigration Status ... Non-Immigrant Visas (student and trainee visas, visitor visas, professional work visas, visas for multi-national managers and "specialized knowledge" employees, visas for international business, and visas for individuals with extraordinary ability including professional athletes and musicians.) ... Employment-Based Permanent Resident Status (Substantive categories, proof required to acquire status, important procedural rules, numerical limitations, rules for changing employers, rules for employers seeking to promote employee beneficiaries, losing permanent resident status, and how to analyze the case) ... Family-Based Permanent Resident Status ... Asylum, Abused Spouses, Victims and Juveniles ... Inadmissibility, Deportability, and Bars to Immigration ... Removal and Deportation ... Citizenship and Naturalization ... *Click below on "view TOC" to search the Table of Contents*

Clean Living Under Difficult Circumstances: Representing Governmental Entities Under the New State Government Ethics Act

Abstract: Prosecuting Ethics Law Violations: Some Cautionary Tales - State Law and Ethics Prosecutions: Strengths and Weaknesses (Still More Cautionary Tales) ... Emerging Issues in Elections Law for Government Attorneys ... The North Carolina Ethics Commission: Its Mission and Mandate and its New Roles in Government Ethics and Lobbying ... Advising and Representing the "Lobbyee" in Light of the Recent Changes in Lobbying Regulations ... Everyday Ethics: Ex Parte Communication to Quasi-Judicial Boards; Figuring out just who the government lawyers is representing (yet another cautionary tale) and Unauthorized Practice of Law before Governmental Boards: Recent Ethics Rulings (related topics: lobbying, election laws, legislation, governments, ethics in governments, representing governments, legislative representation, ethics in government, regulations governing lobbying & election law, recent changes in lobbying and elections laws) ... *Click below on "view TOC" to search the Table of Contents*

High Profile Cases in NC: Constitutional, Ethical and Strategic Implications (12th Constitutional Rights & Responsibilities Section Annual Meeting)

Abstract: High-Profile Trials in North Carolina -- A Brief History ... High-Profile Juries: Considerations and Strategies (Jury selection, including use of jury questionnaires, voir dire, Motions for change of venue and/or special venire, Jury sequestration, Post-verdict contact with jurors, etc) ... Special Ethical Issues in High-Profile Cases (Discussion of ethical issues relating to public commentary and publicity by or about parties, counsel, witnesses, etc., including attempts to influence or manipulate news coverage, Responding to statements by opposing parties or counsel, Press conferences and interviews before, during and after trial) ... Cameras in and Around the Courtroom (Discussion of the history of camera coverage of trials, The constitutional issues underlying camera coverage, The evolution of Rule 15 of the General Rules of Practice, Post-verdict interviews of jurors and trial participants, press conferences by counsel, etc.) ... How New Media are Changing the Definition of High Profile ... When the Media Become Trial Participants (Discussion of gag orders and court closures, Reporter's subpoenas, "Shield laws," etc) ... *Click below on "view TOC" to search the Table of Contents*

Information Security for Lawyers and Law Firms

Abstract: Written for lawyers and lawfirms, this book provides sound advice and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day. Content includes: The ethical duties of lawyers relating to securing their electronic information; How a small lawfirm can have reliable security; What are worms, Trojans, spyware, malware, spiders, key loggers and their implications; Is it safe to use wireless technology for the delivery of legal services; In large firms, what information security duties can be delegated; How lawyers and other law firm personnel can be trained in information security.

Light and Life at the End of the Tunnel: Resources to Aid Lawyers to Live Better Lives

Abstract: Unique Psychological Problems Facing Lawyers (BarCARES: Private health providers, Human Resource Consultants, BarCARES counseling and BarCARES counseling) ... Responding Effectively to the Challenges Presented by an Impaired Colleague in Light of our Duty to Each Other, the Profession, and the Public ... Recovering from Debilitating Mental Conditions or Addictions ... Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment ... On the 'Broken' Road of Recovery with the Next Generation ... How the State Bar Processes Impaired Lawyer Cases ... Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves (Adhering to the commonly accepted standards of Professionalism; teaching good legal "judgment"; building trust and accountability systematically in your law firm through higher expectations of professionalism) ... The Firm's Response to the Impaired Lawyer (Statistics on the problem of the dissatisfied or impaired lawyer; addiction and mental illness in the workplace; charting an ethical, businesslike and moral course) ... *Click below on "view TOC" to search the Table of Contents*

News Flash! New Ethics Laws and the Latest in Electronic Discovery and Recording...(What They Mean to You and Your Government Clients)

Abstract: Prosecuting Ethics Laws: More Cautionary Tales from the U.S. Attorney's Office (Offenses involving ethics and positions of trust may affect you or your government client.) ... The Ethics Act: 2007 Changes and Observations ... New Developments in Public Employment Law ... Legislative Update ... Electronic Document Discovery under the Federal Rules ... Media Relations and Responses to Massive Electronic Public Records Requests ... *Click below on "view TOC" to search the Table of Contents*

One Man's Castle by Phyllis Vine

Abstract: An historical account of a young black doctor's attempt to desegregate a white neighborhood, and of the ensuing legal battle which came to be regarded as one of the most racially charged court cases in U.S. history. Phyllis Vine's meticulously researched book details the events leading up to the incarceration of Ossian Sweet, and the famous trial which brought legendary defense attorney Clarence Darrow to his side. One of the groundbreaking court cases that helped shape the Civil Rights moment, One Man's Castle is a story as relevant today as it was in 1925. A must read for anyone concerned with justice, equality, and the law. (352 page Hardcover) ... *Click below on "view TOC" to search the Table of Contents*

Politics & Professionalism: The Lawyer Legislator

Abstract: Maintaining a Practice While Serving in Elected Office: Ethical and Professional Considerations (Members of the NC General Assembly share how they maintain and continue to develop a full time practice while meeting the needs of their clients and challenges of their practice.) ... Seeking and Running for Elected Office: The Process and Ethics (Representatives of the largest political parties in North Carolina discuss how running for elected office is part of one's professional responsibility as a lawyer to serve the community.) ... Service as a Member of the Council of State and a Member of the Bar: A Primer in Professionalism (A prominent former member of the North Carolina Council of State address how one ethically returns to private practice after serving on the Council of State.) ... *Click below on "view TOC" to search the Table of Contents*

Rules of Civil Procedure - Rule 65 Update

Abstract: Injunctive relief is an equitable remedy that provides the litigator with a vast arsenal of preemptive relief in the face of tortious misconduct which threatens the status quo. The procedural and substantive threshold for invoking such relief, however, presents a formidable challenge to the legal practitioner. This audio CD provides a comprehensive review of the scope and limitations of this remedy.

The Cybersleuth's Guide to the Internet

Abstract: Much information once only available to professional researchers from expensive sources is now available for free on the Internet, if you know how to find it. This book will show you how to be a cyber-detective and unearth this information FREE (or at low cost!) on the Web. Also included is Levitt and Rosch's North Carolina-specific resource guide on CD. Fully bookmarked and searchable, the CD makes conducting Internet-based N.C. legal research a snap! The book includes examples based on real world research scenarios. Whether you're just starting to use the Internet for serious research or you're a seasoned online research veteran, this book can help you find what you're looking for fast and free. Learn how to use the same tools as skip tracers & private investigators. Find out How to Dig Up "Dirt" About Anyone; Uncover Information to Attack Someone's Credibility; Seek out the Smoking Gun; Mine the Web for Missing People; Discover Addresses (Home and Email); Find Phone Numbers (Even Cellular); Locate Aliases, Employer's Name; Glean Personal Information; Unearth Property Records; Access Public Records. Find free legal research like Full-Text Case Law Databases; Elusive Government Documents; Federal, State and Local Primary Law; Secondary Legal Resources (law review articles, legal news, etc.); Legal Practice Materials and more! (290 page soft cover)

The Electronic Evidence and Discovery Handbook Second Edition

Abstract: E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. The accompanying CD-ROM features over 70 forms in Word format. Also included is an extensive electronic evidence case digest with over 200 cases summarized!

The Identity Theft Protection Act of 2005: How Does This Impact the Practice of Law in North Carolina

Abstract: With the enactment of the Identity Theft Protection Act of 2005 came many new requirements for law firms that collect social security numbers and other important personal information. What steps must a firm take to secure client information? What is now required of a law firm when destroying confidential client information? How must your firm protect clients from security breaches? What are the penalties for failing to comply with this new law? Learn how to protect your clients from Identity Theft and your firm from the penalties of non-compliance with this new law.

The Lawyer's Guide to Fact Finding on the Internet, Third Edition

Abstract: The most user-friendly Internet research book available for legal professionals today. A complete hands-on guide that shares the secrets, shortcuts, and realities of conducting fact finding on the Internet. Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, trial presentations, medical research, gathering competitive intelligence, finding expert witnesses, fact checking of all kinds. Includes information on browsers, search engines, Weblogs, library databases, public records. Includes CD of all links mentioned in book. Select relevant research sources; Access subjects guides, newsgroups, and listserves; Find experts; Research companies, public records; Conduct medical, statistical, international research. Icon system immediately identifies free & free-with-registration sites, pay sites; practical tips & advice on using specific sites; an easy-to-use topical structure, organized the way lawyers think, starting with the best sites first; over 150 screen shots of Web sites; and over 700 pages of factual categories & updated URLs. Stop wasting time on the Internet, and make the Internet work for you! With purchase receive free subscription to bi-monthly e-mail newsletter updating the book: A $99 value.

The Power of Precedent By Michael J. Gerhardt

Abstract: The role that precedent plays in constitutional decisionmaking is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades.

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