This course covers everyday technology used by lawyers and judges and the legal and judicial ethical implications and restrictions related to the use of technologies such as social media, portable electronic devices and QR Codes.  These sessions typically run from one to 3 hours and can be divided into separate standalone programs based on particular technologies (i.e. social media, portable electronic devices, or QR codes).

This course explores all aspects of ESI through the prism of civil discovery, and admissibility of that evidence.  Topics include the scope of permissible discovery, form of production, metadata, hearsay, relevance, authenticity, best evidence rule, and undue prejudice.  Sessions on this topic run from 90 minutes to four hours, depending on the depth of discussion requested for admission of ESI.

This course explores disqualification and recusal and, depending on the length of the program, examines some or all of the reasons for disqualification under Rule 2.11. The course has been presented to judges and to lawyers who need a working understanding of judicial disqualification. Session topics include bias, financial interests, familial conflicts, business or professional conflicts, and remittal of disqualification.  Disqualification sessions can be broken down short one-hour sessions or expanded to a day and a half through full examination of Rule 2.11 and cases and ethics opinions applying individual parts of the rule.

This fully interactive 60 minute to two-hour program explores Code of Judicial Conduct Rule 2.9 that restricts a judge’s ability to independently investigate facts at issue in litigation.  Topics covered include Rule 2.9, ex parte communications, judicial notice, and adjudicative verses legislative facts. The boundaries of disqualification and independent investigation inevitably intersect.

This course focuses on the plethora of heretofore private information about judges, lawyers and other individuals that is now readily available on the internet.  Intentional (or even targeted) or inadvertent release of that personal information has caused judicial officers and lawyers stress, injury and death.  In this one to two hour session I explore the sources of personal information and strategies to prevent or reduce the release of information.  This session sometimes is combined with the following session on Cybersecurity.

In this course we discuss the most prevalent causes of cyber-breaches, lawyers’ and judges’ obligations to avoid the inadvertent access to or release of confidential information, and mitigation efforts required under applicable regulatory rules after a cyber-breach has occurred.  The session usually is presented in two to four hours, and often is co-presented by Forensic Technologist Mark Lanterman of Minneapolis, Minnesota.

This course is best presented with other shorter programs, and focuses on the ethical obligations of a judge when acting in administrative roles or when supervising those who assist in delivery of judicial services.

This course investigates the role of judges and their leadership roles in courts, the legal profession, and their communities.  While the title suggests a focus on the judge as a leader, the real emphasis is on developing the first follower because, without them, the judge is merely a lone nut with an idea.  This course is scalable for presentation in hours or days.