Radisson Htl Duluth Harborview Richard Clem Continuing Legal Education
Duluth Ethics and Elimination of Bias

5.0 Minnesota CLE credits, including 3.0 ethics and 2.0 elimination of bias*

Duluth Ethics and Elimination of Bias: June 23

Thursday, June 23, 2011
10:00 AM - 4:00 PM
Radisson Hotel Duluth Harborview
505 West Superior Street
Duluth, Minnesota 55802
Hotel number for directions: 218-727-8981

CLE credit has been approved/applied for as follows: Minnesota: 5.0 CLE credits approved, including 3.0 ethics and 2.0 elimination of bias (MBCLE event codes 157490, 157491 & 157492). Wisconsin: 6.0 CLE credits, including 3.5 ethics and professional responsibility applied for. Iowa credit applied for upon request.

This CLE program took place in the past. For information on upcoming low-cost CLE programs, please visit my main CLE page.

Program Description

We have three interesting presentations planned-two live lectures, and one video replay:

Elimination of Bias: The Rules and on Ongoing Process. Live program presented by Richard Clem. We'll start by looking at the rules governing bias within the legal profession, which is a subject covered by both the General Rules of Practice and the Rules of Professional Conduct. We will then see how well we are collectively doing as a profession and legal system in abiding by those rules. We will do so through the eyes of participants at a series of community dialogues at which community members were asked to describe their experiences and discuss ideas for advancing racial equality and fairness in the courts. All participants are welcome to share their insights. One hour.

Elimination of Bias: A Continuing Discussion. (Live lecture and discussion) presented and moderated by Richard Clem. We will continue the discussion of the issues raised by the previous program, "Elimination of Bias: The Rules and an Ongoing Process". In small groups and as a larger group, we will discuss issues such as the importance of diversity of the bench and court staff, and whether this is necessary for actual fairness, perceived fairness, or both. We will discuss the importance of overcoming barriers to access to the courts, such as lack of public transportation. We will discuss the special issues of immigrant and refugee parents whose children interact with the judicial system. We will discuss actual and perceived racial profiling. We will discuss the unintended immigration consequences of state court actions. Finally, we will discuss how the system can better reach out to communities of color, both as a system, and as individual attorneys. The discussion will be led and facilitated by Richard Clem. Prerequisite: Attendance at "The Rules and an Ongoing Process", either the previous hour of this program, or another presentation. One hour.

Ethics Refresher 2011 (Part 1) (Video Replay). This will be a comprehensive review of the Rules of Professional Conduct for attorneys in Minnesota, Wisconsin, and Iowa. All three states have adopted substantially similar rules governing lawyers, and this course will review the rules as adopted in all three states. Where the rules differ, we will go over the differences. Seeing these differences is useful for the practitioner in that particular state, but also gives insight into the meaning of the rule in other states. And since the same model rules serve as the basis for most states' rules, this course will provide practical guidance for attorneys in most U.S. jurisdictions. Many lawyers review the Rules in their entirety only once, and that is before they take the Multistate Professional Responsibility Exam in law school. But the rules change over the years and decades, and some of the finer points might be forgotten. Therefore, this course will serve as a useful refresher for the practitioner to avoid ethical pitfalls. This three hour segment is designed to satisfy the entire ethics requirement for the reporting period in Minnesota, Wisconsin, and Iowa. This portion of the program covers Rules 1.0 through 4.4 (and Wisconsin Rule 4.5). It is also a part of a longer six-hour program, the second half of which is presented on various dates. Three hours. Originally presented in St. Paul, MN, on April 2, 2011.

Elimination of Bias Learning Goals

This program will run sixty continuous minutes, will relate directly to the practice of law, and is designed to meet the first and third learning goals for elimination of bias courses:

We will begin by referencing the Supreme Court's 1993 report on the elimination of bias in the judicial system, and we will also look at how both the Rules of Professional Conduct and the General Rules of Practice require us as lawyers to avoid bias.

Then, we will look at how well we are doing in meeting these requirements, as seen by various communities, including communities of color. In particular, we'll examine the suggestions made by members of the public at community dialogues held over the past three years by the Supreme Court's Racial Fairness Committee.

There will be opportunities for participants to discuss these suggestions, and to offer our own suggestions on how we can fulfill these professional obligations.

About the Speaker

Richard P. Clem has a B.A. in history from the University of Minnesota, and a J.D., cum laude, from Hamline University School of Law. He has been in private practice in the Twin Cities for over 20 years. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State,468 N.W.2d 580 (Minn. Ct. App. 1991).

Course Schedule

10:00 Registration
10:10 Opening Remarks
10:15 Elimination of Bias: The Rules and an Ongoing Process (Live program, 1 hour)
11:15 Elimination of Bias: A Continuing Discussion (Live program, 1 hour)
12:15 Lunch (on your own)
1:00 Ethics Refresher 2011: Part 1 (Video replay, 3 hours)
4:00 Closing Remarks

The cost of this program is $25 per credit, or $100 for all five credits. You may register by mail by sending payment, along with a note indicating the date of the program to:
Richard P. Clem
PO Box 14957
Minneapolis, MN 55414

You may also register securely online by following the "Buy Now" link below. If you have a PayPal account, you may sign and and use your PayPal account. If you do not have a PayPal account, of if you prefer to simply use a credit card, you may also do so by following this link.

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If you have any questions, please e-mail me at clem.law@usa.net or call me at 612-378-7751.

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