Basic Skills for the Illinois Newly Admitted Attorney

The Basic Skills for the Illinois Newly Admitted Attorney (or qualified participants under Rule 711(g)) program helps bridge the gap between education and real world application.

Every session is curated to provide engaging content featuring examples and scenarios applicable to daily life for law practitioners including e- discovery, mediation, alternate fee arrangements and legal malpractice. 

Session 1: "Ethics: The Heart of Mediation" — Simeon H. Baum and Daniel F. Kolb

Mediation requires conflicting parties to swim in the waters of trust. Where trust might be said to be at the heart of ethics, no course on mediation would be complete without an exploration of essential ethical issues in mediation. 

In Part VI of Lawline’s June 26,  2016 ADR Day program, Simeon H. Baum, President, Resolve Mediation Services, Inc. (www.mediators.com) and Dan Kolb, of Davis Polk, review the chief ethical issues to which all mediators should be sensitive. Guided by the AAA/ABA/ SPIDR (ACR) Standards of Conduct for Mediators, they examine these issues and standards in detail. 

Session 2: "When the Impaired Lawyer Comes to Work" —Jonathan A. Segal

Addiction knows no socioeconomic boundaries. In fact, attorneys have a higher addiction rate than the general population. Studies show that at least 10% of attorneys have some substance abuse problem. Some studies suggest the number may be as high as 15%.

While addiction may know no boundaries, impaired attorneys create special challenges. Attorneys may be more resistant to change because of the fear of losing control (even when they are already out of control). They also often have more difficulty asking for help.

However, we cannot be afraid to confront them. Because of their positions, they can wreak havoc. Substance abuse is one of the top causes of malpractice. Further, attorneys who abuse substances often abuse the staff who work for them, exposing the employer to employment claims.

Yet, confronting professionals is not  risk free either. The ADA makes direct confrontations of lawyers (who are employees) dicey. Ironically, the “regarded as” prong of the ADA may be used to challenge kind-hearted and factually-accurate interventions.

This program focuses on the persistent problem of substance abuse in our profession and how to balance the various rights and risks. The program discusses some of the more salient issues from 3 perspectives: the employer or law firm, the impaired attorney and  by-standers  who may want to help but are not sure what to do. Ethical issues that surround workplace substance also are explored.

Session 3: "Steps to Eliminate Bias in the Legal Profession" — Andrea S. Kramer 

Gender stereotypes and the biases that flow from them remain a serious problem in the legal profession, even in the most well-intentioned law firms and organizations. When lawyers understand gender stereotypes and biases, they can effectively combat gender discrimination and improve gender diversity in the legal profession. This course provides lawyers with the information and insights they need to recognize and stop often subtle and unconscious gender biases. It also provides advice and techniques that women and men can use to avoid or overcome such gender bias. 

The presenter, Andrea S. Kramer, is a practicing attorney with extensive experience in law firm management, hiring and promotion, compensation, and gender bias. She has served in senior management positions at her law firm and has in-depth experience with all aspects of personnel management, including recruiting, hiring and firing, individual and team supervision, compensation, and promotion. She has co-written more than thirty professional and gender-related articles and book chapters with her husband and fellow attorney Alton Harris, and they have collaborated in mentoring women in a variety of positions and fields and speaking to business and professional groups about overcoming gender bias, and webcasts and blogs on the elimination of bias in the legal profession. This course is based on their personal experiences and the research used in their book, Breaking Through Bias: Communication Techniques for Women to Succeed at Work, Bibliomotion, Brookline, MA, 2016.

Session 4: "The Ethics of e-Discovery: What “Competence” Means”" — Ronald Hedges and Kristen Weil 

Electronically stored information (ESI) is everywhere. Not surprisingly, ESI is a common feature of civil litigation and disputes and misunderstandings arise on a daily basis about  discovery  of ESI. Model Rule of Professional Conduct 1.1 speaks of the competence of lawyers and, as amended in 2012, requires lawyers to be aware of the benefits and risks of technology.

What does it mean for an attorney to be competent in terms of ESI? What conversations should (s)he have with her or his client and opposing counsel in order to frame and respond to discovery requests? How should an attorney undertake a search for ESI or describe how (s)he wants it produced? What should an attorney do to protect against inadvertent production of privileged information or work product?This session explores these and other questions through in the context of e-discovery and Rule 1.1.

When good attorneys get sued for legal malpractice or embroiled in a disciplinary proceeding, the problem can usually be traced back to the decision to take on a client or legal matter, or a flaw in the terms of the retention. “Off to a Good Start,” led by attorney Daniel Abrams and designed to help the junior or intermediate lawyer, explores the applicable law and ethics rules most relevant to client selection and retention.

In Part I of “Off to a Good Start,” Mr. Abrams addresses ethics and client selection, and covers, among other things, assessing a prospective client, types of clients to avoid, duties to prospective clients, whether and when to send a non-engagement letter, and dealing with prospects on the Internet.