Richard Clem Continuing Legal Education: Year-End CLE
Wednesday, June 29, 2011

Wednesday, June 29, 2011
10:00 AM - 3:30 PM
Community Meeting Room
Lower Level, Como Lakeside Pavilion
1360 North Lexington Parkway
St. Paul, Minnesota 55103

Update: There are currently no registrants for the 10:00 program. If you need the credits, I'm still happy to do the program for even a single attorney. You can register at the door, but I won't be there unless you call first! Please give me a call on my cel phone, 651-285-5474. For the programs starting at 12:20, 1:25, and 2:30, walk-ins are welcome.

To help out those attorneys in Minnesota CLE category 3, who need to complete their CLE requirement by June 30, 2011, I'm offering a number of reasonably priced live programs and video replays in St. Paul on Wednesday, June 29. Ethics and Elimination of Bias credits are available. The cost of all programs is only $25 per credit

Up to 5 credits, including 1 elimination of bias credit (approved) are available. Pre-registration is required for the 10:00 program, but walk-ins are welcome for the later programs. If you need more credits than are currently being offered, I will be happy to schedule additional video replays, and can start as early as 9:00 AM, and run as late as 5:00 PM. Please contact me if you would like me to schedule additional programs.

10:00 Registration

10:05 Opening Remarks

10:10 Nuts and Bolts of Minnesota Appellate Practice (Video Replay), presented and moderated by Richard Clem (2 hours, 5 minutes, 2 Minnesota CLE credits applied for).

12:15 Break

12:20 Negotiating & drafting commercial leases and enforcing them in Housing Court (Live program), presented by William Seeley (1 hour, 1 Minnesota CLE credit applied for).

1:20 Break

1:25 Preparing for No Fault Arbitration Hearings and Dealing with Post-Arbitration Award Appeal Rights (Live program), presented by William Seeley (1 hour, 1 Minnesota CLE credit applied for).

2:25 Break

2:30 Elimination of Bias: The Rules and an Ongoing Process (Video Replay), presented and moderated by Richard Clem (1 hours, 1 Minnesota Elimination of Bias credit applied for).

3:30 Closing Remarks

For those who need additional credits, I am able to schedule additional video replays at 9:00 or 3:30. If you need these credits, please contact me. The following programs are available:

• Ethics Refresher 2011: Part 1 (Previously approved for 3 ethics credits)
• Ethics Refresher 2011: Part 4 (Previously approved for 1 ethics credit)
• Ethics Refresher 2011: Part 5 (Previously approved for 1 ethics credit)
• Ethics Refresher 2011: Part 6 (Previously approved for 1 ethics credit)
• Minn. Supreme Court, March-April 2011 Decisions (Previously approved for 1 standard credit)
• Recent Seventh Circuit Decisions (Previously approved for 1 standard credit)

• Nuts and Bolts of Minnesota Appellate Practice (Video Replay): For the attorney unexpectedly faced with a case before the Minnesota Court of Appeals, it can be a daunting challenge. While the Minnesota Rules of Appellate Procedure are not onerous, they do impose requirements that might be very different from what the trial attorney is used to. In some cases, seemingly innocent violations of these rules can be disastrous. We'll walk through the rules and give practical guidance on how to file a notice of appeal, how to order a transcript, how to write and assemble a brief, and even what color the brief's cover needs to be, and how it should be bound. This course will put you at ease if you are ever required to file an appeal, or if the opposing party files an appeal in a case in which you prevailed. The course materials include detailed forms and checklists, and references to the rules.
• Negotiating & drafting commercial leases and enforcing them in Housing Court (Live program): Whether you are representing a landlord or tenant, negotiating and drafting the commercial lease is a crucial contract document. The lease lays out the ground rules spelling out which party pays for which leasehold costs, such as base rent, taxes, insurance, repairs, capital improvements and management fees. Other lease provisions set the legal basis for the Tenants right to freely assign a lease to another party; or the Landlord's rights during and after an eviction proceeding. This presentation is designed to give you some examples of lease language and practice pointers in drafting and enforcing commercial leases. Topics covered in this one hour course presentation include:
  
  I. Gross lease vs. triple net lease
  II. Critical lease terms:
  A. Base Rent
  B. Triple net leases (Taxes/Maintenance & Operational expenses) C. Percentage Rent
  D. renewal vs. option to extend lease
  E. option to assign lease
  III. Default eviction actions in Housing court
  IV. CASE EXAMPLE OF OBTAINING AND ENFORCING A DEFAULT JUDGMENT ACTION.
  
• Preparing for No Fault Arbitration Hearings and Dealing with Post-Arbitration Award Appeal Rights (Live program): T his course will cover the following no fault arbitration and post hearing topics:
  
  A. Client’s key role in winning arbitration claims. You need to assure your client that no fault arbitrations are INFORMAL PROCEEDINGS – no courtroom, court reporter or jury.
  
  2. Use of medical records during direct examination and closing statement;
  3. Evidence needed to substantiate mileage claims;
  4. Evidence needed to support wage loss claims;
  5. Evidence needed to support replacement services claims;
  6. Techniques used in direct examination of client;
  7. Coaching client for cross-examination;
  8. When to engage in re-direct examination;
  9. Dealing with 'gaps' in treatment;
  10. Dealing with overlaps in chiropractic and physical therapy treatment;
  B. Arbitration hearing strategies:
  1. Timing of submittal of Statement of the Case to arbitrator and opposition;
  2. When to use photos of collision;
  3. Treatment pattern chart;
  4. 15% statutory interest for unpaid medical claims;
  5. $10,000 claim limit exception for interest and costs;
  6. Cases supporting statutory standard of 'reasonable and necessary' medical treatment expenses and other no fault claims;
  C. Arbitrator selection process.
  D. Winning presentation before the Arbitrator: client's role and attorney's role.
  E. Post-arbitration appeal options
  
• Elimination of Bias: The Rules and an Ongoing Process (Video Replay): Elimination of Bias: The Rules and an Ongoing Process. (Video replay) presented and moderated 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. This program was originally presented in Roseville, Minnesota, on May 17, 2011.
  
  • Elimination of Bias Learning Goals: The elimination of bias 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: 1. To educate lawyers about the elimination of bias or prejudice in the legal profession, in the practice of law, and/or in the administration of justice; ... 3. To educate lawyers about the problems identified in the Supreme Court's Race Bias and Gender Fairness Task Force Reports, as well as in other studies, reports or treatises which describe bias and prejudice in the legal profession, in the practice of law, and/or in the administration of justice. 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.

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).

William S. Seeley, Attorney at Law: Graduated Hamline Law School in 1980. Licensed in Minnesota from 1980 to present. B.A. Gustavus Adolphus College, majoring in speech communications. Member of Minnesota Trial Lawyers Association. Former Editor-in-Chief, Hamline Law Review. Adjunct Faculty, Carlson School of Management , University of Minnesota, 1981 - 2009 . Taught courses in International Business Management, Cross-Cultural Business Negotiations and Strategic Management Former Peace Corps Volunteer in India (1966-68); widely traveled in China , India , Japan , South Korea , France and U.K. From 1990 to present, President and attorney with Seeley Legal Services, P.A., practing law in the areas of personal injury law; corporate counsel and business litigation; family law; estate planning and probate law. Formerly Associate Attorney with the Eastlund, Solstad and Hutchinson, Ltd law firm from 1980-90, focusing on commercial litigation, contracts, environmental law, lease negotiations, personal injury.

You may register and pay at the door.

Please call or e-mail me at clem.law@usa.net if you plan to attend the 10:00 program, since this program will only be held if there are pre-registrants. Walk-ins are welcome at the later sessions.

Como Lakeside Pavilion is located in Como Park, on the west side of Lake Como, on Lexington Parkway. From Interstate 94, take Lexington north 2.3 miles. From Minnesota Highway 36, take Lexington south 1.9 miles. Free parking is available in the two large lots near the Pavilion. There is additional free parking nearby in the lot on East Como Boulevard, and elsewhere in the park. Enter the building through the main caf� entrance on the parking lot level and take the elevator to the lower level. Outside food and beverages are not permitted, but coffee and a wide variety of food and beverages are available from Black Bear Crossings upstairs.

The cost of this program is $25 per credit, for as many or as few credits as you attend. You may pay by check at the door. If you prefer to pay online with your credit card, please use the "Pay Now" button below, after selecting the number of credits you will be attending.

Please select number of credits:

1 Credit $25.00 2 Credits $50.00 3 Credits $75.00 4 Credits $100.00 5 Credits $125.00

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