CLE Program

This program will examine the nuances of alternative dispute resolution with respect to residential real property disputes. Panelists will examine how astute advocates approach mediation and arbitration, versus litigation. Together, we will explore best practices before and during the ADR process, including:

• How to approach mediation and arbitration
• How to propose mediation and arbitration to clients seeking advocacy
• How to best draft ADR clauses in real property agreements
• How counsel can best transition from advocacy to proposing settlement
• Choosing the right mediator or arbitrator
• Ethical obligations to ensure a mediated settlement agreement is admissible and enforceable
• Client confidences and permitted communications
• What to do or say when a mediator may try to elicit privileged information
• How to handle similar issues in direct negotiations without a third party
• Advocacy in mediation and arbitration, versus litigation
• A look into the mind of your mediator or arbitrator
• Applying the rules of evidence and other procedural rules in mediation or arbitration
• Do I really have to have my client sign a form stating they cannot sue me for malpractice?

Last chance to comply with the implicit bias MCLE requirement!  This program will explore how to recognize implicit bias in ourselves and others, and how to implement bias reducing strategies to raise awareness and facilitate change in the legal profession.

In this session of the Advanced Appellate Practice Seminar, a distinguished panel of speakers will discuss select topics in advanced oral argument skills, including:

• What judges are trying to accomplish at oral argument
• How to quickly categorize a question
• How to identify the type of question you are getting, so you can answer it strategically.
• How to best to answer hypothetical questions of different flavors
• How to address policy concerns
• How best to pivot when a judge has you on the ropes
• How to approach Oral Argument when there is a Tentative Opinion or Focus Letter
• How to maximize the few minutes you have without wasting time
• Preparation and Practice Strategies:
  • Effectively using moot courts when preparing
• Hybrid Arguments – pros, cons and policy changes

Join us for a comprehensive MCLE webinar program designed to sharpen your skills in civil appeals, offering invaluable insights for litigators. From the pre-trial stages of dispositive motions through the conclusion of trial and post-trial, this program will delve into critical aspects that can help you set yourself up for success in the event of an appeal.
When you are preparing for trial, the appeal may be the furthest thing from your mind. In this webinar, our seasoned appellate experts will provide insights into how to be mindful of the appeal while preparing and pursuing trial, along with perspective from the trial court. Our speakers will guide you through real-world scenarios, sharing practical tips, and providing a roadmap for effectively preserving your win, or preserving your argument.

Litigating the disputes of large numbers of people simultaneously using the class action rules bring special challenges for all parties involved. Trying to resolve such class actions also brings its own special challenges. This program will examine the issues involved in the alternative dispute resolution of class action disputes. Our panelists – who have decades of experience litigating and settling class action cases from both the plaintiff and defense perspectives – will address the unique considerations in negotiating the resolution of class action cases, and specifically how such considerations differ from those in two-party (or even multi-party) litigation.

Topics to be addressed include:

• What are the key substantive and procedural differences between settling a class action and settling a typical two-party case?
• When in the life of a class action case should settlement discussions be held?
• What are the benefits of engaging an alternative dispute resolution professional in a class action case?
• How do you settle a class action when related cases are pending on the same subject?
• How does the involvement of insurance carriers affect class action settlement negotiation?
• How, when and with whom do parties negotiate the issue of plaintiffs’ attorneys’ fees?
• What are the ethics issues unique to class actions involved with all of the above?

California courts publish around 500 new civil decisions every year, and many of them make significant changes to existing law. In this one-hour seminar Monty McIntyre and Mike Roberts will discuss many important case civil case decisions published in 2023 by the California Supreme Court and the Courts of Appeal.