Section CLE Publications

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

To view Dispute Resolution CLE Programs, click here.

"Leap" with Confidence into the DRA Era: Things You Should Know When Representing the Elderly (12th Annual Elder Law Symposium)

Abstract: n/a

2007 GP Small Firm & Solo Section Annual Meeting

Abstract: Real Estate Title Issues (From new rail road claims to maximizing title insurance coverage to new issues, statutes, and cases affecting title.) - Personal Injury Evaluation (Step by step evaluations of your personal injury claims to help you increase the potential recovery in your case.) - Internet Research Tools without the Expense (Instruction on how to find the legal research you need without paying the big firm price. This session will be devoted to using Casemaker and other free legal tools effectively.) - Will and Estate Planning (Education on the in's and out's of drafting a will to protect your testator's will from mistakes and traps that can haunt the will drafting practitioner.) - *Substance Abuse/Ethics (The nature and detection of substance abuse for members of the bar.) - Domestic (Update on cases and changes in the law as well as discuss issues involving the domestic practice.)

217006he Edge!: Negotiating to Get What You Want by Martin Latz

Abstract: Martin E. Latz reveals an easy-to-use strategic template you can use in every negotiation. This is not ivory-tower advice, or advice just based on instincts and experience: The tactics and techniques here come from the most up-to-date research and the knowledge Latz has developed in negotiating on the White House Advance Teams, from consulting with top executives at Fortune 500 companies and law firms nationwide, and from teaching thousands of business professionals and lawyers how to negotiate more effectively. The result is a comprehensive guide that takes you all the way from general strategies and principles--Latz's Five Golden Rules of Negotiation--to specific tips, techniques, and even phrases you can use at the table. Gain the Edge! will arm you with: * Practical strategies to get the information you need before you sit down at the table * Tactics to maximize your leverage when seemingly powerless * Secrets to success in emotionally charged negotiations * A step-by-step system to design the most effective offer-concession strategy * Ways to deal with different personality types, ethics, and negotiation "games" * Specific advice on how to negotiate for your next salary, car, or house * Negotiating tips for other business and personal matters.

2nd Bi-Annual Workers' Compensation for Mediators: Training for the Industrial Commission Neutral

Abstract: Industrial Commission Expectations - Maximum Medical Improvement/Maximum Vocational Improvement/Suitable Employment - Language Barriers - Trends in Workers' Compensation - Why Some Cases Can't Settle in Mediation - Things We Can Do Better and Dealing with the Unknown: No Medical Bills, No Rating, We've Got Videos - Standards of Conduct of Mediators (Related Topics: Industrial Commission Rules, workers compensation, Rule 8(b)(3))

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

Abstract: This two-part program will provide 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 program will be organized in part by the discussion of scenarios and include discussion developments related to conflicts of interest, multiple representation, malpractice insurance, and confidentiality. (telephone seminar)

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

ADR in Estate Planning Disputes

Abstract: Disputes in estate litigation can be particularly bitter and protracted. Often the litigation involves family members and long-standing rivalries and resentments that present timely distribution of an estate's assets or severely hampers its regular administration. In order to combat this problem, many jurisdictions have begun to mandate the use of ADR in estate litigation. This program provide a guide to effective uses of ADR to timely settle estate and trust disputes before litigation or to settle litigation. (telephone seminar)

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

Abstract: n/a

Attorney Ethics in Negotiations

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

Basics of Franchise Law

Abstract: n/a

Connecting the Dots (2007 Health Law Section Annual Meeting)

Abstract: Stark Exception and Anti-Kickback Safe Harbor for Electronic Health Records and E-Prescribing (Why the rules were implemented?, Requirements of the rules, How institutions can take advantage of the new rules?, Applicable sunset provision on the EHR rules) - Research Misconduct (What is scientific misconduct?, Key requirements and obligations of institutions, Practical tips on conducting an inquiry and an investigation) - Physician Non-Compete Agreements (History of non-compete agreements in NC, Recent case law developments, Practical considerations on drafting, enforcing and defending physician non-compete agreements) - Corporate Practice of Medicine (Point and counterpoint on whether the prohibition against the corporate practice of medicine in NC is alive and well) - Health Care Fraud and Abuse Investigations (Conducting an internal investigation and the issues and pitfalls involved, Should you self report?, Responding to a governmental investigation, Privilege waivers and other forms of cooperation under the Thompson Memo) - Ethics (A basic overview of lawyer's ethical responsibility to clients including: Diligence, Communication, Confidentiality, Communications with represented parties, and Unauthorized practice)

Crossing the Great Divide...(A Primer and Advanced Workshop in the Collaborative Process)

Abstract: n/a

Elder Law: What's Important Now (11th Annual Elder Law Symposium)

Abstract: Special Needs Trust: Caregiving and Budgeting Considerations - Legislative Updates - Deficit Reduction Act Answers (DRA) - *Ethical Considerations in the Contested Guardianship - Special Needs (d)(4)(C) Pooled Trusts: Creation and Administration - Real Estate Transfers for Elder Law Attorneys - Use of Annuities for Medicaid Eligibility --- Get the answers you need to assist clients needing to qualify for Medicaid under the new Deficit Reduction Act (DRA) rules expected to be implemented in North Carolina early in 2007 - Get a clear understanding of how Special Needs Trusts, including (d)(4)(C) Pooled Trusts strategies, can help your clients, and how to create and administer those trusts within the strict requirements and to best assist with client care needs. - Learn how DRA changes the use of annuities for Medicaid eligibility, so that you can avoid traps and also plan better. - Examine ethical requirements involved when representing parties in contested guardianships.

Ethical Issues in ADR

Abstract: Widespread acceptance and use of various methods of Alternative Dispute Resolution has focused attention on the ethical obligations of attorneys participating in ADR. Do attorneys have the same obligations as is in litigation? What are the sources of ethical rules in this area? What are the most common areas of liability for attorneys? These and other questions will be addressed in this program focusing on attorney ethics in the new frontier of ADR.

Ethical Issues in ADR and Mediation

Abstract: n/a

From A to M - Arbitration and Mediation in North Carolina (15th Dispute Resolution Section Annual Meeting)

Abstract: State of ADR in North Carolina (Thoughts on ADR from the DRC Chair, Current issues before the DRC, Recent & proposed ADR rule changes) - ADR Caselaw Update and Guidance on Drafting Enforceable Mediation Settlement Agreements (Recent cases in mediation and arbitration, Court guidance in drafting enforceable mediation settlement agreements, Mediator as Scrivner-Who actually drafts the mediation settlement agreement?) - Agreements to Arbitrate-What They Are and What They Aren't - The Mandate for Alternative Dispute Resolution: A Judge's Perspective (Current state of ADR in federal courts, Judicial settlement conferences v. mediation, Thoughts and perspectives from the bench) - Mediating International Disputes-Reflections on Resolving the Balkan Crisis (Mediating geopolitical and ethnic conflicts, The dynamics of mediating while people are dying) - Recognizing the Potential For, and Possibly Preventing, Violence in ADR (Violence as the hidden threat at mediations and arbitrations, Ways to recognize and avoid violence in ADR, What happens and should happen when violence occurs) - Roundtable Discussion: Walking the Line - How Far Is Too Far When the Mediator's Opinion Becomes Improper Advocacy? (Practical guidance for when parties ask for the mediator's opinion, Exploring the boundaries of opinion and advocacy as mediator)

Getting Ahead of the "Comp"-etition: Key Issues in Workers' Compensation Law (13th Annual Workers' Compensation Section Annual Meeting)

Abstract: n/a

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 o Non-Traditional Health Care Providers o *Recovering from Debilitating Mental Conditions or Addictions o Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment o Scarface: Unmasking the Stigma (Live program luncheon keynote speaker) o How the State Bar Processes Impaired Lawyer Cases o Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves o The Firm's Response to the Impaired Lawyer (counseling, quality of life, impaired lawyers, substance abuse, ethics, treatment centers, depression, alcohol addiction, drug addiction, privacy issues, intervention, treatment, private health providers, counseling)

Making Money Talk: How to Mediate Insured Claims and Other Monetary Disputes- J. Anderson Little

Abstract: Learn how to deal with the peculiar problems of traditional bargaining through proven models and techniques that will help you to: Gain a better understanding of the dynamics of money negotiations; Identify the recurring problems presented in those cases; Acquaint and arm yourself with new tools to handle those challenges; Build a model of the mediation process that will serve as a roadmap when traditional bargaining is unavoidable; Assist the parties in traditional bargaining in a facilitative, rather than a directive way. The book also includes an appendix comprised of proposals and counter proposals made by Plaintiffs and Defendants in over one hundred court-ordered mediations in the superior courts in North Carolina. The charts provide the reader with a sense of the difficulty in settling a case through traditional bargaining, and the frequency of settlement even when the parties' initial positions are far apart and movement is slow to materialize.

Medicaid Update and Focus on Guardianship (10th Annual Elder Law Symposium)

Abstract: Medicaid and Medicare Update - Other Elder Law Recent Developments - Medicaid Planning: What's Left? - Guardianship Proceedings - Ethical Considerations in Guardianships - Understanding Dementia: When is Guardianship Needed? - Administering the Guardianship - Guardianship Mediation; Contested Guardianships and Appeals (Related Topics: Incompetence, Limited Guardianships, Guardian Ad Litem, Bonds, Accountings, Gifting, Assets, Terminating Guardianships, Cross-State Issues)

Offers-in-Compromise: Settling Disputes with the IRS

Abstract: n/a

Practical Tips for Mediation in North Carolina

Abstract: Mediation has become an important part of the legal landscape in North Carolina. This program is designed to define and discuss what mediation is as opposed to other forms of ADR and to help the litigator with practical tips for a successful mediation. Strategies are based on the speaker's experience in a wide variety of mediated settlement conferences.

The Constructive Divorce Guidebook: Empowering Families to Reach Long-Term Positive Results, Mark Chinn

Abstract: This book views family trials not as contests to be won or lost, but as challenges for affirmative resolution for all concerned parties. After reading this book, you will be able to help your clients to resolve family disputes in a manner that will lead to long-term results for the families and children of divorce. This book shows you how to: Develop techniques for eliminating or deflecting negative tactics; Create a framework within both which sides to a dispute feel safe resolving conflicts without damaging the other party; Maintain civility toward opposing counsel, parties, staff, members of the court system and third parties affected by the dispute; Examine alternative dispute resolution and negotiation tactics and methods that lead to "win-win" solutions and encourage the use of the values and principles learned in our various faiths, which can and should be woven into the fabric of our problem solving; Adopt law practice management methods for the preparation of mediations, trials, and negotiation, which foster civil and courteous conduct; and Implement behavior analysis and modification for lawyers and others involved in the process.??

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 Devil is in the Details: Hot Topics in Workers' Compensation Law (2007 Workers' Compensation Section Annual Meeting)

Abstract: n/a

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: n/a

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.

We Can Work It Out (15th Dispute Resolution Section Annual Meeting)

Abstract: n/a

When Mediators Listen, People Talk: Understanding the Law, the Parties and the Process (13th Dispute Resolution Section Annual Meeting)

Abstract: Recent Developments in Mediation Practice-Statutes, Rules, Cases and Programs - Ethics Update - Approaching Damages with a Mediation Mindset: Should Presenting Damages to an Insurance Adjuster and Defense Counsel be Different from Presenting Damages to a Jury? - Round Table Discussion - Break Out Sessions (A. Workers' Compensation Legal Update and Medicare Primer; B. A New Practice: Mediation before the Clerk of Court; C. A Specialists View of Family Law: A Legal Update and Practical Skills Mediating Domestic Cases) - Break Out Sessions (A. Workers' Compensation Legal Update and Medicare Primer; B. Employment Law: Legal Update and Practical Skills for Mediating Employment Law Cases; C. A Specialists View of Family Law: A Legal Update and Practical Skills Mediating Domestic Cases) (Related Topics: Mediating Damages, Dispute Resolution, Case Law Update)

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