section header program submission form · 2. suggested props: a. power point visual/audio...

Section Header Program Submission Form

Program Title ______________________________________________________________________________________________________________

Date Presented Inn Year

Presenting Inn ___________________________________________________________________________ Inn Number ________________________

Inn City _______________________________________________________________ Inn State ____________________________________________

Contact Person _________________________________________________________ Phone ______________________________________________

E-mail Address _____________________________________________________________________________________________________________

Please consider this program for the Program Awards: Yes No This program is being submitted for Achieving Excellence: Yes No

Program Summary:Indicate the legal focus and be concise and detailed in summarizing the content and setup of your program. Please attach additional sheets if necessary.

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Program Materials: The following materials checklist is intended to insure that all the materials that are required to restage the program are included in the materials submitted to the Foundation office. Please check all that apply and include a copy of any of the existing materials with your program submission:

Script Articles Citations of Law Legal Documents Fact Pattern List of Questions Handouts

PowerPoint Presentation CD DVD Other Media (Please specify) ___________________________

Specific Information Regarding the Program:

Number of participants required for the program Has this program been approved for CLE? Yes No

Which state’s CLE? How many hours?

Recommended Physical Setup and Special Equipment:i.e., VCR and TV, black board with chalk, easel for diagrams, etc. When submitting video, please indicate the length of all videos. i.e., 30 or 60 min.

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Comments:Clarify the procedure, suggest additional ways of performing the same demonstration, or comment on Inn members’ response regarding the demonstration.

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THIS FORM IS AVAILABLE FOR DOWNLOAD ON OUR WEBSITE: WWW.INNSOFCOURT.ORG

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Program Submission Form

Agenda of Program:List the segments and scenes of the demonstration and the approximate time each step took; i.e., “Introduction by judge (10 minutes).”

Item Time

Program_Submission_Form.indd [Rev. 10/2012]

Roles:List the exact roles used in the demonstration and indicate their membership category; i.e., Pupil, Associate, Barrister or Master of the Bench.

Role Membership Category

Program Awards: Please complete this section only if the program is being submitted for consideration in the Program Awards.

Describe how your program fits the Program Awards Criteria:

Relevance: How did the program promote or incorporate elements of our mission? (Fostering Excellence in Professionalism, Ethics, Civility, and Legal Skills)

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Entertaining: How was the program captivating or fun?

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Creative and Innovative: How did the program present legal issues in a new way?

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Educational: How was the program interesting and challenging to all members?

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Easily Replicated: Can the program be replicated easily by another Inn? Yes No This program is: Original Replicated

Questions:Please contact Christina Hartle at (703) 684-3590 ext 105 or by e-mail at [email protected].

Please include ALL program materials. The committee will not evaluate incomplete program submissions.

Robert M. Spire Inns of Court Albert G. Schatz Pupilage

Omaha, Nebraska 25 November, 2013

Topic: Ethics and Mentoring for Young Lawyers and Law Students Format: The Dating Game

1. Participants needed:

a. (1) Game Show Host b. (1) Senior attorney to interview Prospective Senior Certified Law

Students c. (3) Law student contestants seeking Senior Certified law student

positions d. (1) Senior attorney to interview prospective young attorney hires. e. (3) Young attorney contestants seeking an associate position. f. 2-3 panel members: senior judges/ethics gurus/mentoring program

sponsors, etc.

2. Suggested props: a. Power point visual/audio capability. b. Portable microphones (4 minimum) for:

i. Host ii. Interviewing attorney

iii. One to be shared by contestants iv. One to be shared by panelists

c. 4 bar stools- for interviewer & contestants d. Screen to put up between interviewer and contestants e. Table & chairs for panel members

3. General format used:

a. General Meeting Introductions/opening remarks (3-5 minutes) b. Dating Game Introduction slide & dating game theme song played

i. Host arrives & introduces self/game/topic c. Ethical considerations for Senior Certified Law Students (15 minutes)

i. Host introduces first attorney interviewer & 3 contestant law students….contestants #1, #2. #3.

ii. Interviewer asks questions in order & each contestant answers each question per script/add-libbing etc.

iii. Interviewer may comment or indicate which answer he likes best and why…humor invited.

iv. Power point slide with controlling authority is displayed. v. Host may invite panel members to comment or discuss after

each question answered by contestants...as time allows. vi. After time up/all questions answered the Interviewer is asked

who he has selected to be the Certified Laws Student with his firm and why.

vii. Contestants and interviewer leave stage to Dating Game theme song

d. Ethical considerations for Young Lawyers (15 minutes) i. Host introduces second attorney interviewer & 3 contestant

law students….contestants #1, #2. #3. ii. Interviewer asks questions in order & each contestant answers

each question per script/add-libbing etc. iii. Interviewer may comment or indicate which answer he likes

best and why…humor invited. iv. Power point slide with controlling authority is displayed. v. Host may invite panel members to comment after each

question answered by contestants...as time allows. vi. Contestants and interviewer leave stage to Dating Game

theme song

4. Professional Responsibility, Ethics and Mentoring… a. Speaker/Panelist: #1 asked to comment or add to the program

regarding the ethical considerations posed (10-12 minutes) b. Speaker/Panelist: #2 discussed importance of mentoring young

attorneys and law students, identified opportunities within the local legal community (10-12 minutes)

5. Audience discussion/Questions and Answers (5-10 minutes)

Robert M. Spire Inns of Court Albert G. Schatz Pupilage

Omaha, Nebraska 25 November, 2013

Ethics and Mentoring for Young Lawyers and Law Students

Total run time: 60 minutes

1. Introductions 3-5 minutes

2. Ethical considerations for Senior Certified Law Students 15 minutes a. NE Supreme Ct. Rule 3-702(a)(5) b. NE Supreme Ct. Rule 3-702(B) c. NE Supreme Ct. Rule 3-702(D) d. NE Supreme Ct. Rule 3-704(C) e. NE Supreme Ct. Rule 3-702(A)(1) f. NE Supreme Ct. Rule 3-703(F)

3. Ethical considerations for Young Lawyers 15 minutes

a. NE Supreme Ct. Rule 3-503.3 b. NE Supreme Ct. Rule 3-503.5 c. NE Supreme Ct. Rule 3-505.2

4. Professional Responsibility, Ethics and Mentoring

a. Speaker: Stu Dornan/OBA President 10-12 minutes b. Speaker: Honorable William J. Riley 10-12 minutes

5. Group discussion/Questions and Answers 5-10 minutes

Young Attorney Questions for “Dating Game”

Question #1 Response

#2 Response

#3 Response Guiding Principal

You are a new associate covering a hearing for another member of the firm and you believe that there has been a misrepresentation of a material fact to the court by the other attorney from your firm, how do you handle it?

I would dime the other attorney out to the Judge and our managing partner in a minute.

I would request that the Judge reserve ruling until I can consult with the attorney who is responsible for the case. If the Judge declines to reserve ruling, then I believe I have a duty to take remedial measures and disclose to the Court.

Not my problem § 3-503.3. Candor toward the tribunal (a) A lawyer shall

not knowingly: (1) make a false statement of fact or law to

a tribunal or fail to correct a false statement of material

fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the

controlling jurisdiction known to the lawyer to be directly

adverse to the position of the client and not disclosed by

opposing counsel; or (3) offer evidence that the lawyer

knows to be false. If a lawyer, the lawyer's client, or a

witness called by the lawyer, has offered material evidence

and the lawyer comes to know of its falsity, the lawyer

shall take reasonable remedial measures, including, if

necessary, disclosure to the tribunal. A lawyer may refuse

to offer evidence, other than the testimony of a defendant

in a criminal matter, that the lawyer reasonably believes is

false. (b) A lawyer who represents a client in an

adjudicative proceeding and who knows that a person

intends to engage, is engaging or has engaged in criminal

or fraudulent conduct related to the proceeding shall take

reasonable remedial measures, including, if necessary,

disclosure to the tribunal. (c) The duties stated in

paragraphs (a) and (b) continue to the conclusion of the

proceeding, and apply even if compliance requires

disclosure of information otherwise protected by Rule 1.6.

(d) In an ex parte proceeding, a lawyer shall inform the

tribunal of all material facts known to the lawyer that will

enable the tribunal to make an informed decision, whether

or not the facts are adverse.


#2 Response


Would you ever seek a critique or feedback from a judge? And in what context do you believe it is acceptable?

If it makes points with the Judge, it can’t hurt my case.

Outside of a case, I might approach a Judge ex parte on general procedural matters. Following case closure, I might solicit feedback to help me identify strengths and weaknesses in my courtroom performance.

No, my ignorance is my bliss.

§ 3-503.5. Impartiality and decorum

of the tribunal (a) A lawyer shall not:

(1) seek to influence a judge, juror,

prospective juror or other official by

means prohibited by law; (2)

communicate ex parte with such a

person during the proceeding unless

authorized to do so by law or court

order


#2 Response #3 Response

Guiding Principal

After you are hired, you find out that your mentor is opposing counsel in a case being handled by your new firm. You have previously discussed legal strategies in a similar scenario with your mentor. You are asked to work on the case by your new supervisor. Do you see any potential conflict?

Hey, I’m one up on how this case is going to go aren’t I.

If my mentor and I never discussed this particular client or particular case, I think I am OK. But I would want to run it by my supervising attorney at the firm.

I wasn’t interested in working the case anyway. Easy out.


#2 Response


Do you plan to have children in the near future? And if so how soon?

No. My career is everything to me.

It is a personal decision that has no bearing on my professional capabilities or performance.

You know that new movie with Vince Vaughn. I think it is called “Delivery Man,” well that was based on my personal story.


#2 Response


Your supervising attorney asks you to prepare and file a pleading that you believe to be frivolous? Do you move forward and file it?

Sure. He/She is the boss.

I would discuss my concerns with my supervising attorney and move forward if they persuade me otherwise.

Don’t the secretaries manage the office file room?

§ 3-505.2. Responsibilities of a

subordinate lawyer (a) A lawyer is

bound by the Rules of Professional

Conduct notwithstanding that the

lawyer acted at the direction of

another person. (b) A subordinate

lawyer does not violate the Rules of

Professional Conduct if that lawyer

acts in accordance with a supervisory

lawyer's reasonable resolution of an

arguable question of professional

duty.

If a subordinate filed a frivolous

pleading at the direction of a

supervisor, the subordinate would not

be guilty of a professional violation

unless the subordinate knew of the

document's frivolous character.