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Continuing Legal Education

Course Descriptions 

(courses are listed alphabetically)

Note:  The Reality 101 Series Programs are designed to offer basic, practical, and essential information to enhance ease of practice in Onondaga County.  Although this program caters to Newly Admitted Attorneys, it will also serves as an update in basic practice.

 

Anthony Davis Representing Corporate and Entity Clients - and their Owners, Officers and Directors: Managing the Risks
Article IX of the UCC self-explanatory

Bankruptcy (Reality 101)
An overview of bankruptcy, including filing a bankruptcy petition, representing creditors, & related issues.

Bridge-The-Gap
Bridging the gap between Law School and the Legal Profession.  A gateway program to the practice of law.

Collections (Reality 101)
Basics of debtor and creditor rights.

Commencing the Civil Action
(Reality 101)
Drafting complaints, answers, filing, and related matters.

Commission on Judicial Conduct
Constitutional, Statutory and Regulatory authority
Procedures employed in Commission proceedings
Representative cases and areas of particular concern
Recent litigation in the Court of Appeals and the Federal Courts

Court of Claims
Join the Judge and staff as they take you through the Court of Claims process. All practitioners will learn:

How to identify a case that should be pursued in the Court of Claims.

How to commence an action.

The basic legal principles that govern Court practice.

Court rules.

The following materials will be discussed along with helpful tips:

Jurisdiction

Types of Cases - Law vs. Equity
Entities over which the Court of Claims has jurisdiction
Obtaining Jurisdiction
Contents of Pleadings
Time Limitations
Late Filing Remedies

Substantive Law

Immunity
Appropriation and Contract Claims
Tort Liability

Courtroom of the Future Training

(Hot Topic)

The Courtroom of the Future is now operating in Room 308 of the Onondaga County Courthouse.  Present your case through a document camera, interactive plasma monitor, a VCR & computers.  Don’t be put at a competitive disadvantage; instead, take advantage of the new high-tech, user friendly courtroom.

Learn more about the Courtroom of the Future here.

Criminal Law Update A survey of the cases decided over the past year on Sex Offender Registration Act; Discovery; Confessions; Batson Issues; Orders of Protection; Guilty Pleas; Sentencing and Restitution; and Courtroom Closure as well as some miscellaneous cases of interest and import.

Criminal Law Update Series
Tuesday, February 25, 2003
Confessions, Criminal Discovery (CPL Article 240; Alibi Notice, Psychiatric Evidence Notice, psychiatric records, Subpoenas, etc.), Sex Offender Registration Act 2002, Restitution.

Tuesday, March 4, 2003
"Update on Selective Issues in Criminal Law and Procedures." (Including Search and Seizure, Crimes & Defenses, Accusatory Instruments, and more.)

Tuesday, March 11, 2003
"Federal Sentencing Guidelines on a Need to Know Basis – And You Need to Know."  (Plea Agreements and the Guidelines; Dealing with the Pre-Sentencing Report; Sentencing Criminal Division, Hearings; Recent Developments and Amendments; How relevant is Relevant Conduct?; Sentencing Memos.)


Criminal Practice (Reality 101)
A guide to handling felonies, and misdemeanors in Onondaga County, City, and Justice Courts.
Clarence Darrow A master of the courtroom stage who possessed an uncanny understanding of human character, Clarence Darrow was arguably the greatest trial lawyer of the twentieth century. He was an adamant opponent of capital punishment and a passionate proponent of civil and human rights. He was often called the "Attorney for the Damned" because he fought for the underdog and took on criminal cases thought to be hopeless. Yet, while commanding respect as a trial lawyer, Darrow was often embroiled in bitter controversy for his unpopular stands on many issues and criticized for his purported unethical professional behavior.

Clarence Darrow: Crimes, Causes and the Courtroom is a spellbinding and realistic character portrait of Darrow and his deeply held beliefs and hard fought courtroom battles. This solo performance by Graham Thatcher, replete with humor, humanity, and intense courtroom drama, engages the audience in four of the great defense lawyer's most famous cases between 1910 and 1928. Using Darrow's own thoughts and courtroom summations, the show explores timeless social, legal and ethical issues issues and provides a fresh and provocative tool to facilitate classroom or
conference discussion.
DMV Driver's Licenses Suspensions, Revocations & Restoration

Discovery in Civil Actions
(Reality 101)
How to take and defend a deposition.  Using other discovery devises in civil litigation.

DWI
(Reality 101)
How to handle a DWI case in Onondaga County, including dealing with the DA's office;  a demonstration of a breathalyzer by the Onondaga County Sheriff's Department; hardship licenses; alcohol evaluations and more.
Elder Law Topics to be covered;  Medicaid Basics, Real Estate Transfers, Alternatives to the Spend Down, Special Resource Rules, Medicaid Recovery from Spouses, Advanced Directives and Ethical Considerations, New IRA Distribution Rules, Supplemental Needs Trusts, Article 81 Update.
Employment Discrimination - What is it? This two-hour seminar is designed for the general practitioner who is faced with defending a claim of discrimination for an employer, or prosecuting a discrimination claim for an individual.  It will give the participants the basics of discrimination law so they will have a greater understanding of the area.

Employment of Non-Citizens in a Globalize Economy
Syracuse possesses one of the fastest growing populations of non-citizens in New York State. This population presents a reliable and dependable source of skilled, unskilled and professional labor that is readily available to Central New York employers. "Employment of Non-Citizens in a Globalized Economy" has been designed to provide information and training regarding non-citizen employment issues.

PROGRAM HIGHLIGHTS Overview of Legal and Practical Requirements for Employment-based visas for non-U.S. citizens.

Prevent liability by learning how to make hiring decisions without violating civil rights laws.

Be guided through the steps necessary to verify employee work eligibility so that your clients can access this under-utilized yet readily available labor market.

Employer I-9 and IRCA Document Compliance

Receive training from a faculty of attorneys who have extensive experience and impeccable reputations in the area of immigration law.

Have questions answered that are of particular concern to you or your organization.

Receive a comprehensive manual containing all information covered within the program.


Estate Planning for Qualifie
d Plans
—When Distributions Have to Commence From a Qualified Plan or IRA - The New Rules
—Definition of the Participant’s "Required Beginning Date"
—Required Lifetime Distributions
—Payments Required When the Participant Dies Before Age 70-1/2
—Payments Required When the Participant Dies After Age 70-1/2
—When a Beneficiary Designation Becomes Effective & its Critical Impact
—Pitfalls to Avoid When Planning under the New Rules
Estate Planning Strategies Available Under the New Rules
           Naming a Trust as Beneficiary
           Correcting Deficient Prior Beneficiary Designations
           Using Disclaimers
           Naming Charities as Beneficiary
Ethics Update and Review New York State Professional Responsibility, Lawyer Discipline in New York State - an Overview, Law Firm Responsibilities in NY, Practice of Law Across State Lines, Conflict of Interest - Current and Former Clients, Litigation Tactic Problems, and Multi-Disciplinary Practice Update.
Family Court (Reality 101) Family Court Procedure and Practice presented by a Family Court Judge and Court Staff.

Family Law (Reality 101)
Custody, Child & Spousal Support, and Family Offense Proceedings.

Federal Court Practice
(Reality 101)
Admission, Clerk's Office, Practice and Procedure, and Local Rules.

FOIL & Open Meetings
Topics will include
    
Ethical Basis of Open Government Laws
     Freedom of Information Law
       
Definitions
        General Rule
        Grounds for Denial
        Burden of Proof
    
Open Meetings Law
     Legislative Declaration
     Definitions of "Meeting," "Public Body," and "Executive Session"
     Grounds for Executive Session
     Exemptions
     Minutes
     Enforcement
... and more

Foreclosures
Topics that will be covered

      Proper title review for foreclosure
      Addressing the pleadings and procedure of foreclosures
      What to do once judgement has been entered
      Ethical considerations

From the Lawyer's Office to the E.R. Dilemmas faced by families, physicians, and attorneys - 
the Law and Medical Ethics concerning Advanced Directives.

Handling the Smaller Civil Action (Reality 101)
How to deal with small claims and civil actions in City and Justice Courts.

New HIPAA Regulations
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Privacy Regulations will change the way in which healthcare providers, healthcare clearinghouses, health plans and employers who sponsor health plans handle medical information.  Compliance with these regulations is required by April 14, 2003.  This seminar will provide a general overview of the key components of the Privacy Regulations.

HIPAA For Lawyers
TOPICS TO BE DISCUSSED INCLUDE:

How the Privacy Regulations Affect Your Health Care Clients (brief background of the regs)

Lawyers as Business Associates

Law Firms as Sponsors of Group Health Plans

Specific Disclosure Concerns


Intellectual Property Program
This program is intended to provide an overview of the methods available for determining damages in IP matters and the entitlement to various forms of damages in IP cases, including lost profits, reasonable royalties, price erosion and other claim elements. The speakers will also discuss damages-related discovery issues and the general process for preparing and supporting a damages claim.
Landlord/Tenant This training will explore the basic requirements necessary to commence a summary eviction proceeding including some of the common defenses and where the law regarding eviction proceedings can be found. We will discuss evictions from private housing as well as subsidized housing along with the special laws in regards to mobile homes. This CLE is ideal for anyone who even sometimes represents landlords or tenants including those who participate in the Bar Association's lawyer of the day tenant eviction defense program in Syracuse City Court.

Land Survey Issues
President Bush has signed into law amendments to the Superfund law which require a limited environmental investigation with regard to individual residential real estate transactions and established interim standards with regard to due diligence for commercial transactions. Final standards for due diligence and for the qualifications of persons who can perform Phase I and Phase II investigations are due to be published in January 2004. If you represent people in residential or commercial real estate transactions you must be familiar with these requirements.

Matrimonial Law (Reality 101)
Actions for Divorce (Supreme Court), Separation and "Opting Out" Agreements, and Equitable Distribution.
Matrimonial Notebook Series Basic Tax Information for the Matrimonial Practitioner;  Basic Definitions and Relevance to Family Law, Exemptions/Dependents, Filing Status, Is it Child Support or Maintenance?, Red Flags for Practitioners in Drafting Agreements/Stipulations

When is an Expert Necessary?;  Working Relationship Between Attorney and Accountant, Confidentiality Issues/Ethical Obligations

Child Support;  Using an Expert to Determine "Income", What Documentation is Necessary (particularly with respect to self-employed individuals), Red Flags to Look for as a Practitioner

Business Valuations;  Use of Experts, Documentation Necessary, S-Corporations, Corporations, Partnerships, Professional Corporations (Limited Liability, Sole Proprietorships - HUH?), Red Flags to Look for as a Practitioner

Miscellaneous Aspects;  Deductibility of Legal and Accounting Fees, QDRO’s - Taxable?, Drafting Issues


Negotiation Strategies
15 Skills You’ll Learn
  1. Latz’s 5 Golden Rules of Negotiation
  2. Strategies to get past "No" - if all appears lost
  3. 1st offer dynamics - when to make it and when to wait
  4. Ways to gain leverage when seemingly powerless
  5. Secrets to success in emotionally charged negotiations
  6. Powerful agenda control techniques
  7. Deadline and timing tips - manage them to gain the edge
  8. Competitive techniques vs. problem solving strategies
  9. Tactics to generate creative solutions
  10. Powerful information gathering methods
  11. When to share information - and when to keep it
  12. When to hold - and when to fold
  13. Ways to deal with untrustworthy adversaries
  14. How to keep options open while building future relationships
  15. The difference between "puffery" and unacceptable lying

 


Professor Siegel

(Special Program)

Each year Professor Siegel visits Syracuse and provides us with a engaging and interesting CPLR Update.
Property Condition Disclosure Act

(Hot Topic)

The Property Condition Disclosure Act, recently signed into law by Governor Pataki, adds a new Article 14 to the Real Property Law requiring sellers of one to four family residential real property to provide a written statement to prospective purchasers disclosing all known defects relating to the property and the dwellings thereon.

This program will provide an introduction to the Act and a review of its main provisions.  It will discuss when it is (and is not) applicable and how to apply it in the typical residential real property transaction.  Sample forms will be provided.


Real Estate
(Reality 101)
How to handle a real estate closing (includes new laws and forms.)
Soldiers' and Sailors' Civil Relief Act

(Hot Topic)

The Soldiers’ and Sailors’ Civil Relief Act (SSCRA) provides special rights under federal law to members of the National Guard and Reserves who are called to active duty, in the areas of creditor/debtor, landlord/tenant, mortgages, and civil procedure, among others.  The SSCRA also provides for criminal and civil sanctions against individuals and companies who violate its provisions.  Additionally, the Uniform Services Employment and Reemployment Rights Act will also be discussed, which provides extensive mandatory reemployment rights to members of the National Guard and Reserve when they return to their former jobs from active duty.
State and Federal Courts:  Where To Go and What To Do When You Get There

(Series)

This course is intended for both new and experienced practitioners.  It will provide a relatively in-depth comparison of federal and state court practice.

For specific topic to be covered, see course schedule listing.

Superfund, Real Estate and Business Sales and Brownfields:  The Small Business Liability Relief and Brownfields Act of 2002

(Hot Topic)

The most significant Superfund Amendments since 1986 were enacted into law this year.  The Innocent Purchaser and his/her responsibilities defined.  Due Diligence defined and other changes in the law affecting large numbers of commercial transactions.
Supreme Court Practice & Supreme Court Library 
(Reality 101)
Calendar Motion Practice; Filings; Service of Summons and Complaints in Supreme Court.  Also the who's who in the Clerk's Office and available resources.  Introduction to Supreme Court Library staff and resources.
Surrogate's Court (Reality 101) Surrogate's Court procedure and practice, including an overview of how to probate a will.

Vehicle and Traffic
(Reality 101)
How to handle V&T cases (with the exception of DWI -- see DWI course above.)  Dealing with the DA's office, judges; and hot tips from the defense bar.

Wills / Drafting (Reality 101)
How to draft a simple will and related issues.

Writing to Persuade
Persuasive writing depends on three elements: your ability to construct a strong argument, to appeal to your reader’s emotions, and to inspire your reader’s confidence and trust. This workshop explores techniques to coordinate all three elements in documents that will convince readers to act as you and your client wish. Along the way, you’ll learn how to use the rhetorical resources of the language to suit your documents to their persuasive task.

Writing Well in Record Time
Do you worry that you spend too much time producing your documents? Are you experiencing either burn-out or disgruntled clients who expect first-rate work in less that a New York minute? You need what other professional writers rely on: a step-by-step process that you can control, even under pressure and amid distractions. This workshop presents a process for writing that you can use to evaluate and organize your research, get started, produce a rough draft, check its structure, gain critical distance, and revise, edit, and proofread in a fraction of the time you usually spend.

 

Onondaga County Bar Association  |  1000 State Tower Building  |  109 South Warren Street  |  Syracuse, NY  13202  |  315-471-2667