Welcome!

The Idaho State Bar and Idaho Law Foundation, Inc. is excited to offer over 150 online, on-demand (self-study) programs to assist you in meeting your MCLE reporting requirements.  With 24/7 availability, you can easily view programs whenever and wherever it is convenient.

Please remember the following when utilizing the ISB/ILF online, on-demand (self-study) programs:

  • All online, on-demand (self-study) programs are considered "self-study" (of the minimum thirty (30) credit hours necessary for reporting every three years, only 15 may be claimed as self study).
  • Credit will not be given for previously-viewed programs, regardless of whether the program was viewed in the current or prior reporting period.
  • Once purchased, you will have ninety (90) days to view the program. No extensions will be granted.
  • Registration of multiple viewers or attendees with one registration entry is not allowed.  If you are registering multiple people for a program please create an account and register each person separately.
  • Your on-demand streaming account only lists submitted credit for courses purchased through FastCLE. Full ISB attendance credits are listed through our Online Attendance Records Search.
Deposition Strategies

Deposition Strategies

Sponsored by thIdaho State Bar Litigation Section

Thursday, July 18, 2024

1:30 – 3:00 pm (MT)

1.5 CLE Credits – NAC

Live Webcast and In-Person Registration Available

Effective depositions are the foundation of a successful case. Cases can be won or lost at the deposition stage.   Join our seasoned trial attorneys as they examine the best strategies that will help you maximize the efficacy of your depositions and obtain compelling testimony for use at trial.

**In-Person Attendance - If you would like to attend this CLE in-person, please use the 2024 Annual Meeting Registration Form. Please also use this form to register for in-person attendance for any of the receptions or luncheons, as these events will not be available via webcast.

LIVE EVENT: Collections Law

 

Collections Law

Sponsored by the Idaho Law Foundation

 

Friday, July 19, 2024

10:30 am – 12:00 pm (MT)

1.5 CLE Credits - NAC

 

Live Webcast and In-Person Registration Available

 

Registration Fee:  $60

Law Students: $15

 

Debt collection has many potential pitfalls. This presentation will share the various methods that are most effective in debt collection law practice in Idaho and under the Fair Debt Collection Practices Act, as well as review the potential challenges and offer tips and strategies for how to avoid them.

Speaker:  James A. Spinner, Spinner, Wood & Smith

 

Speakers:  Brian A. Nickels and Leslie M. Hayes, Idaho Office on Administrative Hearings

 

**In-Person Attendance - If you would like to attend this CLE in-person, please use the 2024 Annual Meeting Registration Form. Please also use this form to register for in-person attendance for any of the receptions or luncheons, as these events will not be available via webcast.

LIVE EVENT: New Developments in Administrative Hearings in Idaho

 New Developments in Administrative Hearings in Idaho

Sponsored by the Idaho State Bar Appellate Practice Section

 

Friday, July 19, 2024

8:45 – 10:15 am (MT)

1.5 CLE Credits - NAC

 

Live Webcast and In-Person Registration Available

 

Registration Fee:  $60

Law Students: $15

 

The recently created Idaho Office of Administrative Hearings has taken on the challenge of conducting contested case proceedings from most Idaho state agencies and presides over adjudicatory hearings, mediations, and arbitrations when requested by state agencies.  This presentation will update you on how the OAH has standardized processes across Idaho agencies and their approach to their new role in hearing cases from the Idaho Department of Health and Welfare.

 

Speakers:  Brian A. Nickels and Leslie M. Hayes, Idaho Office on Administrative Hearings

 

**In-Person Attendance - If you would like to attend this CLE in-person, please use the 2024 Annual Meeting Registration Form. Please also use this form to register for in-person attendance for any of the receptions or luncheons, as these events will not be available via webcast.

LIVE EVENT: 2024 Business and Corporate Law Section CLE (In-Person Only)

2024 Business and Corporate Law Section CLE

Sponsored by the Idaho State Bar Business and Corporate Law Section

 

Tuesday, June 4, 2024

8:30 a.m. – 4:00 p.m.

The Grove Hotel

245 S. Capitol Blvd. - Boise

7.0 CLE credits of which 1.0 is Ethics 


Registration: 

General Registration                                                                 $200.00

Members of the Business and Corporate Law Section    $150.00

Law Students                                                                               FREE

 

The Business and Corporate Law Section is hosting its annual CLE at The Grove Hotel in beautiful downtown Boise.  The conference will include a variety of trending business law topics involving the Corporate Transparence Act, cybersecurity, data privacy and AI, employment, as well as the Case Review and other emerging topics in business law and compliance.

 

Program Agenda

8:00 a.m.    Registration and Continental Breakfast

8:30 a.m.     AI & Data Privacy: What Corporate Attorneys Should Know

                   Bradlee R. Frazer, Hawley Troxell Ennis & Hawley, LLP

                   Brandon Roper, Snell & Wilmer, LLP

                   Tony Caldwell, Snell & Wilmer, LLP - Phoenix

10:00 a.m.  Break

10:15 a.m.  Understanding the Corporate Transparency Act

                   David S. Jensen, Parsons Behle & Latimer

11:15 a.m.   M&A from A to Z

                   Steven M. Frinsko, Hawley Troxell Ennis & Hawley, LLP

12:15 p.m.  Hosted Lunch

12:45 p.m.  Presentation of Law Student Paper Winners

  • How Expansion of FTC Enforcement Power Can Protect Patient Health Data & Encourage Competition in the Healthcare Market in Idaho and Beyond

                   Matthew Kline, 2nd Year University of Idaho College of Law

  • Connected Vehicle Data, Consumer Privacy, and Barriers to Remedy: Legal Challenges and Opportunities

                   Kristin Henrich, 2nd Year University of Idaho College of Law

  • 119 Boise and the Enforceability of Limitation of Liability Clauses for Idaho’s Professional Service Providers

                   Brian Seeger, 2nd Year University of Idaho College of Law

1:15 p.m.    Ethical Considerations for use of AI Tools in Law Firms                                      

                   Brandon Roper, Snell & Wilmer, LLP

                   Tony Caldwell, Snell & Wilmer, LLP – Phoenix

2:15 p.m.    Business and Corporate Case Update

                   Wendy Gerwick Couture, University of Idaho College of Law

3:15 p.m.    Snack Break

3:30 p.m.    Employment Compliance for Corporate Attorneys

                   Erika Birch, Scholnick Birch Hallam Harstad Thorne

                   Benjamin T. Cramer, Idaho Employment Lawyers

                   Jeremiah M. Hudson, Fisher Hudson Brown Horton

                   Cody D. Earl, St. Luke's Health Systems

4:30 p.m.    Program Concludes

LIVE EVENT: 2024 Ethics and Social Media Update (Live Audio Streaming)

2024 Ethics and Social Media Update

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

July 10, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

Lawyers use social media technology to collect and share information, and communicate with others, not only personally but also when acting as lawyers. Important and probative information about a case can be more easily found on social media than elsewhere. Social media is also easily used to communicate with existing or potential clients, colleagues or opposing lawyers, and the public. These and other uses of social media raise substantial ethical issues for lawyers – competence, confidentiality, preservation of the attorney-client privilege, and honesty.  This program will provide you with a practical guide to ethical issues when lawyers use social media for communication purposes in law practice.

 

  • Communicating with parties, opposing attorneys, and witnesses via social media
  • Researching jurors, parties, witnesses and judges via social media
  • Ethical issues with blogging, e-newsletters/law updates to clients, posting video
  • “Friending” or otherwise connecting with judges, witnesses and others on social media
  • Trends in texting, confidentiality, and discoverability
  • Using web sites, online advertising and social media for client development
LIVE EVENT: 2024 Ethics in Litigation Update, Part 1 (Live Audio Streaming)

2024 Ethics in Litigation Update, Part 1

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

June 4, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

This annual ethics update will cover a wide range of ethical developments important to your civil litigation practice.  The program will provide detailed coverage of developments in conflicts of interest in litigation, confidentiality and the attorney-client privilege, and ethics in defense and common interest agreements.  The program will provide a wide-ranging discussion of the ethical issues that arise with the spread, use and development of technology in litigation.  Also, the panel will discuss ethical issues in discovery of digital files, records, and communications.  Please join for this annual program which will provide you with a lively discussion of ethical developments important to civil litigation practice. 

 

Day 1 – June 4, 2024:

 

  • Ethics and discovery
  • Ethics and preparing witnesses – the limits of coaching
  • Recent developments in conflicts of interest, part 1

 

Day 2 – June 5, 2024:

 

  • Annual technology review – the many ways in which technology can cause ethical traps for lawyers in litigation
  • Client confidentiality, the attorney-client privilege, and work product doctrine
  • Recent developments in conflicts of interest, part 2
LIVE EVENT: 2024 Ethics in Litigation Update, Part 2 (Live Audio Streaming)

2024 Ethics in Litigation Update, Part 2

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

June 5, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

This annual ethics update will cover a wide range of ethical developments important to your civil litigation practice.  The program will provide detailed coverage of developments in conflicts of interest in litigation, confidentiality and the attorney-client privilege, and ethics in defense and common interest agreements.  The program will provide a wide-ranging discussion of the ethical issues that arise with the spread, use and development of technology in litigation.  Also, the panel will discuss ethical issues in discovery of digital files, records, and communications.  Please join for this annual program which will provide you with a lively discussion of ethical developments important to civil litigation practice. 

 

Day 1 – June 4, 2024:

 

  • Ethics and discovery
  • Ethics and preparing witnesses – the limits of coaching
  • Recent developments in conflicts of interest, part 1

 

Day 2 – June 5, 2024:

 

  • Annual technology review – the many ways in which technology can cause ethical traps for lawyers in litigation
  • Client confidentiality, the attorney-client privilege, and work product doctrine
  • Recent developments in conflicts of interest, part 2
LIVE EVENT: 2024 Fall New Attorney Program (In-Person Only)

2024 Fall New Attorney Program

Sponsored by the Idaho Law Foundation, Inc.

 

Friday, September 27, 2024
8:00 am to 12:30 pm (MDT)

Boise Centre East

195 S. Capitol Blvd., Boise

*In-Person Attendance Only* 

4.0 CLE credits of which 1.0 is Ethics – NAC Approved

 

Registration Fee: 

Standard Registration   $100.00

Day of Registration         $130.00

 

The New Attorney Program consists of an introduction on Idaho practice, procedure, and ethics. This course meets the CLE requirements of Idaho State Bar Commission Rule 402(f)(3).  Participants must be admitted and sworn into the Idaho State Bar for this course to count toward the New Admittee CLE requirement. If the participant will not be sworn in on or by September 27, 2024, they will have to wait until Spring 2025 to take this course. * 

 

Agenda

8:00 am      Lawyering Skills

9:30 am      Break

9:45 am      Federal & State Judiciary Panel 

11:15 am    Break

11:30 am    Idaho Lawyer Assistance Program

12:00 pm    Idaho State Bar & Idaho Law Foundation Potpourri

12:30 pm    Program Concludes

LIVE EVENT: Brave New World: Lawyer Ethics & AI (Live Audio Stream)

Brave New World: Lawyer Ethics & AI

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

June 14, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

The use of artificial intelligence is not some distant prospect.  Many of the tools lawyers use today – online research platforms that suggest other areas for research, software packages that help complete forms or propose or assemble language, and discovery tools that sort through documents – are driven by artificial intelligence. These and other AI engineered legal tools raise substantial ethical issues. Are they the unauthorized practice of law? Have lawyers researched their capabilities such that they are competent to use them? How must lawyers supervise their use by non-lawyer staff?  This program will provide you with a guide to ethics issues when using software and other technology tools based on AI in law practice.

 

  • What duties do lawyers have to investigate and understand AI in the tools they use?
  • Does AI constitute the unauthorized practice of law (UPL) in a state?
  • Do software packages that draft language and assemble forms violate ethics rules?
  • What supervisory and training obligations do lawyers have for non-lawyer staff using these tools?
  • Are there ethics concerns of using AI in discovery?
  • Must lawyers warn clients that they use AI?
LIVE EVENT: Deposition Strategies

Deposition Strategies

Sponsored by thIdaho State Bar Litigation Section

 

Thursday, July 18, 2024

1:30 – 3:00 pm (MT)

1.5 CLE Credits – NAC

 

Live Webcast and In-Person Registration Available

 

Registration Fee:  $60

Law Students: $15

 

Effective depositions are the foundation of a successful case. Cases can be won or lost at the deposition stage.   Join our seasoned trial attorneys as they examine the best strategies that will help you maximize the efficacy of your depositions and obtain compelling testimony for use at trial.

 

**In-Person Attendance - If you would like to attend this CLE in-person, please use the 2024 Annual Meeting Registration Form. Please also use this form to register for in-person attendance for any of the receptions or luncheons, as these events will not be available via webcast.

LIVE EVENT: Ethics and Virtual Law Offices (Live Audio Streaming)

Ethics and Virtual Law Offices

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

October 23, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

Technology allows lawyers far more flexibility to practice law virtually – from home or in shared settings – than ever before.  No longer must they maintain freestanding offices, support staff, and libraries. Lawyers can set-up offices in their homes, communicate with clients, adversaries and the courts electronically, outsource overflow work to co-counsel or vendors, and establish web sites that can reach potential clients. These “virtual” practices are increasingly commonplace, but the relative ease with which they are established obscures many significant ethical issues.  This program will provide you with a practical guide to significant issues when lawyers and law firms establish “virtual” law practices.

 

  • Disclosure to clients of the virtual character of a law practice
  • Electronic communications, confidentiality, and ethical risks in virtual practices
  • Ethical issues when lawyers share office space or other resources but practice separately
  • How Web sites and a “virtual” presence implicate multijurisdictional practice issues
  • Outsourcing work to vendors or co-counsel, and ensuring its
LIVE EVENT: Ethics for Business Lawyers (Live Audio Streaming)

Ethics for Business Lawyers

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

September 12, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

 

Lawyers advising businesses on transactions or negotiating on their behalf often confront a range of important ethical questions.  The biggest is, who is your client?  Often a company’s owners or managers will not understand the distinction between representing them and representing the company? There are also issues of identifying and clearing conflicts among clients when they are negotiating transaction.  And what can a lawyer say or do when negotiating for a client? Also, lawyers are sometimes confronted with issues about what to do when clients are dishonest.  This program will provide you with a real world guide to ethical issues when representing clients in business transactions. 

 

  • Ethical issues in business and corporate practice
  • Identifying your client in a variety of transactional contexts – the company v. its managers?
  • Conflicts of interest in representing both sides of a transaction
  • Ethical issues in transactional negotiations and communications with represented parties
  • Representing clients you know to be dishonest and reporting wrong-doing “up and out”
LIVE EVENT: Ethics in Discovery Practice (Live Audio Streaming)

Ethics in Discovery Practice

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

November 1, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

 

Discovery can be the most important phase of litigation, directing the course and outcome of the case.  How evidence is discovered, how it is used, and how mistakes in its handling are disclosed and remedied all raise very significant ethical issues. These issues – the risk of mishandling – are increased by the vast growth of ESI, electronically stored information. Litigators have certain obligations that their vendors comply with ethics rules. There are also issues surrounding the use of paralegals in discovery practice.  Failure to ensure ethics compliance during discovery can have a material adverse impact on the underlying litigation and draw an ethics complaint.  This program will provide you with a real-world guide to substantial issues ethical issues that arise in discovery practice and how to avoid ethics complaints. 

 

  • Duty of candor to the tribunal during discovery
  • Ethical issues when you learn that a client is dishonest
  • Inadvertent disclosure privileged documents and their handling
  • Ethics in depositions – conferring with witnesses, using video depositions and more
  • Ethical issues in widespread data mining of discovery documents
  • Issues involving metadata in electronic files – documents, email, text messages
  • Attorney-client privilege and security issues of working with outside e-discovery vendors
  • Ethics and social media discovery
LIVE EVENT: Ethics in Trust and Estate Practice (Live Audio Streaming)

Ethics in Trust and Estate Practice

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

November 13, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

Trust and estate practice often sits at the intersection of money, aging clients, family drama, easy accusations of self-dealing and misdeeds, dispute – and anger.  This turbulent combination of circumstances can put attorneys in difficult ethical spots. Questions about the competence of aging clients in combination with family drama can easily lead to ethical complaints and eventually litigation. There are also issues of decision-making authority and confidentiality if someone other than the client is paying for the representation.  Conflicts of interest, especially where a longtime client may gift something to the attorney, are rife. This program will provide you with a practical guide to substantial ethical issues in trust and estate practice.

  • Working with clients with diminished capacity and protecting against challenges
  • Confidentiality – understanding what information is confidential and when and to whom it can be disclosed
  • Conflicts of interest – joint and common representations, husbands and wives, multiple generations of a family
  • Gifts from clients – what lawyers may accept, what should they decline?
  • Special issues when someone other than the client pays for a representation
LIVE EVENT: Lawyer Ethics and Disputes with Clients (Live Audio Streaming)

Lawyer Ethics and Disputes with Clients

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

August 5, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

Ethical tensions are perhaps never as great as when a lawyer is in dispute with a client. The dispute may arise over fees, communication, perceived conflicts of interest, or something else.  In these and other circumstances, the lawyer’s duties of loyalty, zealous representation and confidentiality are all brought into direct conflict with the lawyer’s interest in self-defense. In these extremely delicate circumstances, the lawyer must determine what information may disclosed in his or her self-defense, its impact on the attorney-client privilege, and what steps he or she can take to de-escalate the conflict.  This program will provide you with a real-world guide to the ethical issues for a lawyer when he or she is in conflict with a client.

 

  • Disputes involving lawyers’ fees, communications, unfavorable result of representation, conflicts of interest, malpractice claims
  • Confidentiality and self-defense – what disclosure of confidences is permissible?  
  • Waivers and engagement letters to prevent dispute – or mitigate their damage
  • Permissible and mandatory withdrawals from a representation
  • Special attorney-client privilege issues in these disputes
LIVE EVENT: Lawyer Ethics and Email (Live Audio Streaming)

Lawyer Ethics and Email

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

May 22, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

Email has become essential to law practice.  Communications with clients and colleagues is practically impossible – and absolutely inefficient – without email.  But the ubiquity of email may obscure many important ethical issues that arise when it is used in law practice, including issues related to confidentiality, metadata, and the attorney-client privilege. These and other substantial ethical questions will be discussed in this practical guide to the ethical issues when lawyers use email in their practices.

  • Beginning an attorney relationship via email – intentionally and inadvertently
  • Security and confidentiality when email is exchanged in the Cloud
  • Inadvertently sent email and metadata embedded in email
  • Discarding/deleting email and working with outside vendors
  • Ex parte communications with represented adversaries
  • Attorney-client privilege issues
LIVE EVENT: Legal Trends and the Use of AI

Legal Trends and the Use of AI

Sponsored by thIdaho Law Foundation

 

Thursday, July 18, 2024

1:30 – 3:00 pm (MT)

1.5 CLE Credits – NAC

 

In-Person Registration Only – Course will be recorded for on-demand viewing after the Annual Meeting

 

Registration Fee:  $60

Law Students: $15

 

A deep dive into the Legal Trends Report published by Idaho State Bar’s benefit provider Clio.  The session will discuss the data in their yearly report that consolidates vital information on law firm performance while illuminating the influential factors driving changes in legal practice.  The session will include insight into how legal professionals are perceiving and embracing AI and other technological advancements.

 

Speaker: Miquela Anzulovich, Clio

 

**In-Person Attendance - If you would like to attend this CLE in-person, please use the 2024 Annual Meeting Registration Form. Please also use this form to register for in-person attendance for any of the receptions or luncheons, as these events will not be available via webcast.

LIVE EVENT: Lessons from the Bench (Boise & Webcast)

Lessons from the Bench

Sponsored by the Idaho Law Foundation

 

Friday, July 19, 2024

1:00 –  2:30 pm (MT)

1.5 CLE Credits - NAC

Live Webcast and In-Person Registration Available

Registration Fee:  $60

Law Students: $15

Join our distinguished group of Idaho jurists that make up the Idaho Court of Appeals.  The panel will discuss best practices and tips for practitioners in preparing, briefing, and presenting appeals mixed in with memorable stories straight from the bench.

 

Speaker:  Hon. David W. Gratton, Chief Judge, Hon. Molly J. Huskey, Hon. Jessica M. Lorello and Hon. Michael P. Tribe, Idaho Court of Appeals

LIVE EVENT: Media Relations and Obstacles When Your Case Makes National News (Boise & Webcast)

Media Relations and Obstacles When Your Case Makes National News

Sponsored by the Idaho Law Foundation

 

Thursday, July 18, 2024

11:00 – 12:00 pm (MT)

1.0 CLE Credits – NAC

 

Live Webcast and In-Person Registration Available

 

Registration Fee:  $60

Law Students: $15

 

Whether or not you are ready for the publicity from a high-profile case, there are certain aspects of media relations that every attorney should know how to manage.  This panel discussion will provide insight as to the role the media has in keeping the public informed as well as when you should not engage with the media, and how to handle negative, adverse publicity.

 

Speakers: Wendy J. Olson, Stoel Rives, LLP, Rebecca Boone, Associate Press and Tammie Whyte, Seventh Judicial District Trial Court Administrator

 

**In-Person Attendance - If you would like to attend this CLE in-person, please use the 2024 Annual Meeting Regisitration Form. Please also use this form to register for in-person attendance for any of the receptions or luncheons, as these events will not be available via webcast.

LIVE EVENT: Not Like on TV: Ethics in Law Dramas

 Not Like on TV: Ethics in Law Dramas

Sponsored by thIdaho State Bar Professionalism and Ethics Section

 

Thursday, July 18, 2024

3:15 – 4:45 pm (MT)

1.5 Ethics Credits - NAC

**Live Webcast and In-Person Registration Available

 

Registration Fee:  $60

Law Students: $15

 

This session will review video clips from classic TV shows and discuss how the Idaho Rules of Professional Conduct are implicated. Joe also plans to discuss recent Idaho formal charge cases resulting in public discipline since the last Annual Meeting.

 

Speaker: Joseph N. Pirtle, Idaho State Bar Counsel

 

 

**In-Person Attendance - If you would like to attend this CLE in-person, please use the 2024 Annual Meeting Registration Form. Please also use this form to register for in-person attendance for any of the receptions or luncheons, as these events will not be available via webcast.

LIVE EVENT: The Challenges of Pre-Trial Publicity (Boise & Webcast)

2024 Idaho State Bar Annual Meeting CLE
Sponsored by the Idaho Law Foundation

 

Thursday, July 18th

9:00 am – 9:45 am (MT)

Welcome, Plenary Session and CLE Session #1

         State of the Bar

                  Gary L. Cooper, President, Idaho State Bar

         State of the Courts

                  Chief Justice G. Richard Bevan, Idaho Supreme Court

The Challenges of Pre-Trial Publicity

9:45 – 10:45 am (MT)

**Live Webcast and In-Person Registration Available

1.5 CLE Credits including 1.0 Ethics - NAC

Registration Fee:  $60

Law Students: $15

 

With a 24/7 media cycle, your case may explode overnight into a media frenzy. Small towns in Idaho have had this happen all too frequently in the past few years.  Public interest in true crime, trends, or politics may result in reporters chasing down a story about your case asking you to be ready to speak at a moment’s notice. This presentation will address the specific ethical rules that govern what lawyers can legally and ethically say to the press. Incorporating the IRPC, this program will cover permissible statements both in and out of the courtroom, on and offline, and will touch on how you can respond to unfair adverse publicity.

 

Speaker: Wendy J. Olson, Stoel Rives, LLP

 

Note:  This CLE will begin with as the opening session of the Idaho State Bar Annual Meeting with an address by Gary L Cooper, President of the Idaho State Bar and Chief Justice  G. Richard  Bevan, Idaho Supreme Court.  All of the speakers are included for the full  1.5 CLE credits.

If you are not a member of the Idaho State Bar, please use “0000” when asked for your Idaho State Bar number.

 

** In-Person Attendance - If you would like to attend this CLE in-person, please use the 2024 Annual Meeting Registration Form. Please also use this form to register for in-person attendance for any of the receptions or luncheons, as these events will not be available via webcast.

LIVE EVENT: The Ethics of Bad Facts and Bad Law (Live Audio Streaming)

The Ethics of Bad Facts and Bad Law

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

June 27, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

Every lawyer wrestles with how to handle facts or law that is unfavorable to a client. There is a natural tension between a lawyer’s duty to be honest, on the one hand, and the lawyer’s duty to provide zealous representation of a client.  In some instances, bad facts or bad law must be disclosed.  In other instances, disclosure is not required. How this tension is resolved involves substantial ethical issues.  This program will discuss the ethics issues involved and how they may be resolved in a practical setting. Ethical issues surrounding the representation of adverse facts to tribunals and adversaries

  • Disclosure of adverse legal precedents
  • Required discloses of bad facts or law
  • Timing issues – when must the disclosure occur?
  • Related issues of confidentiality and the attorney-client privilege
  • Ex parte communications with the courts – what’s ethically permissible, what’s not?
LIVE REPLAY: Ethical Issues When You Have a Dishonest Client (Live Audio Streaming)

Ethical Issues When You Have a Dishonest Client

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

 

November 27, 2024

11:00 a.m. - 12:00 p.m. (MT)

**Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

 

One of the dangers of practicing law is that, now and again, you get a dishonest client.  Your client may be misleading you – and others – about the facts of their case, either through silence or affirmative misstatements.  Or they may be telling you one thing and others something else different.  You may discover proof of the dishonesty or just suspect it. Client dishonesty raises many ethical issues.  What must you do to ensure your client is telling you the truth? What if you discover a client is lying to a court or tribunal?  Are you allowed to disclose the dishonesty despite the duty of client confidentiality?  Are there degrees of client dishonesty – some acceptable, others not?  This program will provide you with a guide to the substantial ethical issues when client dishonesty is discovered or suspected. 

  • Tension between the duty of confidentiality and the duty to be honest in communications
  • Determining whether a client is lying – active v. passive, fact v. opinion, affirmative statements v. silence
  • Unknowing attorney representations on basis of client dishonesty
  • Duties of disclosure and to whom – the tribunal, third parties?
  • Mandatory and permissive withdrawals from a case, including “noisy” withdrawals
  • Discovery of dishonesty in closed matters

 

LIVE REPLAY: Ethics & Artificial Intelligence: What Lawyers Should Know (Live Audio Streaming)

Ethics & Artificial Intelligence: What Lawyers Should Know 

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

August 23, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

Artificial intelligence and machine learning are at the heart of many software packages and other technology lawyers use to automate drafting of transactional, estate planning, and pleadings. When lawyers use these forms of AI and machine learning, it raises substantial ethical issues touching the core of what is giving legal advice and service to clients. This program will discuss these ethical issues and how they may expose lawyers to liability.

 

LIVE REPLAY: Ethics & Artificial Intelligence: What Lawyers Should Know (Live Audio Streaming)

Ethics & Artificial Intelligence: What Lawyers Should Know 

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

August 23, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

 

Artificial intelligence and machine learning are at the heart of many software packages and other technology lawyers use to automate drafting of transactional, estate planning, and pleadings. When lawyers use these forms of AI and machine learning, it raises substantial ethical issues touching the core of what is giving legal advice and service to clients. This program will discuss these ethical issues and how they may expose lawyers to liability.

 

LIVE REPLAY: Ethics and Conflicts with Clients, Part 1 (Live Audio Streaming)

Ethics and Conflicts with Clients, Part 1

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

August 19, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

Please Note: If you received credit for this course for December 21, 2023 you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

 

Despite best efforts, lawyers may develop ethical conflicts with their clients.  Sometimes these conflicts may initially seem like positive developments. The lawyer may seek to buy into a client’s business enterprise or participate in a transaction, be offered a gift by a client, or even develop a romantic relationship with a client.  But these and many others come with substantial ethical issues.  Sometimes these conflicts may be more immediately problematic, as when a lawyer leaves a law firm and wants to take his or her clients to the new firm, or when a client refuses to pay legal fees, or worse, as when the lawyer has a duty to disclose certain acts of his or her own malpractice.  This program will provide you with a real world guide to lawyer conflicts with their clients and how to avoid or resolve them.

Day 1:

  • Gifts – can lawyers accept from clients?
  • Business – can lawyers go into business with a client?
  • Departure – can lawyers take their clients to a firm?
  • Former clients – what duties does a lawyer have?

Day 2:

  • Dishonest clients – what must you do?
  • Lawyers as witnesses – how do you handle the conflict and privilege issues?
  • Clients with diminished capacity – from whom do you take instructions?  What are the other issues?
  • Settlements – what if a client’s tactics are improper?
  • Malpractice – do you have a duty to disclose?
LIVE REPLAY: Ethics and Conflicts with Clients, Part 2 (Live Audio Streaming)

Ethics and Conflicts with Clients, Part 2

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

 

August 20, 2024

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

Please Note: If you received credit for this course for December 22, 2023 you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

 

Despite best efforts, lawyers may develop ethical conflicts with their clients.  Sometimes these conflicts may initially seem like positive developments. The lawyer may seek to buy into a client’s business enterprise or participate in a transaction, be offered a gift by a client, or even develop a romantic relationship with a client.  But these and many others come with substantial ethical issues.  Sometimes these conflicts may be more immediately problematic, as when a lawyer leaves a law firm and wants to take his or her clients to the new firm, or when a client refuses to pay legal fees, or worse, as when the lawyer has a duty to disclose certain acts of his or her own malpractice.  This program will provide you with a real world guide to lawyer conflicts with their clients and how to avoid or resolve them.

Day 1:

  • Gifts – can lawyers accept from clients?
  • Business – can lawyers go into business with a client?
  • Departure – can lawyers take their clients to a firm?
  • Former clients – what duties does a lawyer have?

Day 2:

  • Dishonest clients – what must you do?
  • Lawyers as witnesses – how do you handle the conflict and privilege issues?
  • Clients with diminished capacity – from whom do you take instructions?  What are the other issues?
  • Settlements – what if a client’s tactics are improper?
  • Malpractice – do you have a duty to disclose?
LIVE REPLAY: Ethics in Negotiations - Boasts, Shading, and Impropriety (Live Audio Streaming)

Ethics in Negotiations – Boasts, Shading, and Impropriety

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

 

November 26, 2024

11:00 a.m. - 12:00 p.m. (MT)

**Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

*Please Note: If you received credit for this course for June 27, 2023 you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

 

Lawyers must always be truthful in their representations. Yet they must be zealous in representing clients. The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client. The lawyer may make statements about the law or fact – or simply refrain from making statements because the lawyer knows certain facts or legal precedent are adverse to a client’s interest.   Lawyers may also boast, signaling that a client’s position is stronger than is, in fact, the case. Navigating these gray lines is the difference between ethical representation and impropriety. This program will provide you with a guide to ethical issues in negotiations. 

 

  • Truthful representations v. zealous representations?
  • Affirmative statements of fact, value or intent in settlements
  • Silence about adverse law in negotiations
  • Silence about facts unknown to an opponent or counter-party
  • Silence about errors in settlement agreements or transactional documents
  • Non-litigation work in another state – “temporary” practice
LIVE REPLAY: Ethics of Identifying Your Client: It's Not Always Easy (Live Audio Streaming)

Ethics of Identifying Your Client: It's Not Always Easy

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

 

November 25, 2024

11:00 a.m. - 12:00 p.m. (MT)

**Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

*Please Note: If you received credit for this course for October 24, 2023 you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

 

The first step in every ethics analysis is answering the question, who is your client?  It’s seemingly a very easy question to answer, but it’s not always 20/20 except in hindsight.  Representing multiple parties on the same matter, whether in litigation or on a transaction, may mean you have many clients, some or all with conflicts.   If you’re a private practitioner and you represent an organization, your client may be the entity, its officers from whom you are taking directions, or possibly both. If you’re an in-house attorney, the analysis – and its implications for the attorney-client privilege – becomes even more complex.  This program will provide you with a real world guide to ethics of identifying your client in a variety of settings avoiding conflicts of interest with the client. 

  • Ethics and identifying your client and avoiding conflicts in transactions and litigation
  • Representing businesses entities, nonprofit associations, and the government – client v. person giving directions
  • Identifying clients in trust and estate planning – the testator or the person paying your fees?
  • Special ethical challenges and ethical risks for in-house counsel and attorney-client privilege issues
  • How to untangle clients and conflicts in joint representations – managing conflicts and information flows
  • Best practices in documenting client representation to avoid later challenge

 

LIVE REPLAY: Lawyer Ethics in Real Estate Practice (Live Audio Streaming)

Lawyer Ethics in Real Estate Practice

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

 

October 4, 2024

11:00 a.m. - 12:00 p.m. (MT)

**Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

 

The real estate industry is fiercely competitive as developers and contractors, investors and lenders, brokers and others—often with the aid of legal counsel—seek advantage. This can easily present real estate lawyers with ethical dilemmas. Conflicts of interest are rife. There are issues of communicating and negotiating with unrepresented parties. There are also concerns related to taking an equity stake in a real estate venture in lieu of fees. Sometimes, too, there is the discovery that a client is engaged in wrongdoing. This program provides you with a real-world guide to common ethics issues in real estate practice.

Program Topics

• Joint representations of a business entity and its owners in a real estate transaction
• Representation of a client with adverse interests in unrelated transactions
• Communications with unrepresented parties—and with represented parties
• Inadvertent disclosure of confidential deal terms
• Receipt of deal equity in exchange for legal services
• Special issues when client fraud is discovered

LIVE REPLAY: Professionalism for the Ethical Lawyer (Live Audio Streaming)

Professionalism for the Ethical Lawyer

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

 

December 5, 2024

11:00 a.m. - 12:00 p.m. (MT)

**Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

*Please Note: If you received credit for this course for February 13, 2024 you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

 

Ethics rules, the principles of professionalism, and sanctionable conduct are interrelated.  Lawyers have a duty to zealously represent their clients, but they do not have a duty to engage in offensive conduct that may be desired by clients. Lawyers have duties of confidentiality and honesty, but those duties do not always require pressing every advantage, such as when the lawyer knows that opposing counsel has made a material drafting error in a transactional document. In these and many other scenarios, ethics rules, professionalism, and potentially sanctionable conduct subtly interact.  This program will provide you with a practical guide to professionalism for the ethical lawyer. 

 

  • Interrelationship of ethics rules, professionalism, and sanctions
  • Zealous representation v. needlessly embarrassing an adversary or third-party
  • Reacting to an adversary’s drafting errors in transactional documents
  • Ethics, professionalism, and inadvertent transmission of communications
  • Duty to supervise and train subordinate lawyers and staff, including to ensure courtesy to clients, opposing counsel, and courts
  • Offering candid advice to clients and withdrawal when they demand offensive conduct
  • Avoiding discrimination and bigotry
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Idaho Substantive Law Requirement 
(I.B.C.R. 402(f)(2)): 
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on Idaho civil and criminal procedure, 
community property law and ethics.
 
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