2021 UND School of Law Annual Homecoming CLE
Approved for 5.0 North Dakota CLE credits plus 1.0 North Dakota Ethics credit for a total of 6.0 ND CLE credits.
Minnesota CLE credit pending
8:30- 9:00 a.m. | Check in and Registration | VandeWalle Courtroom
9:00 a.m. | Welcome from the Dean
9:15 a.m. - 12:15 p.m.| Fair Housing for Practitioners -- Part II*
Presented by Christopher Brancart, Attorney*
This session, an extension of a prior CLE conducted in 2018 examining the Fair Housing Act (FHA), will focus on the variety of methods of proof available to a plaintiff to establish a violation of the FHA. Each evidentiary framework will be examined in two ways: First, as a tool for organizing investigations and discovery in fair housing cases; and second, as a framework for motions and jury instructions in the district court. Since most of these same evidentiary frameworks govern proof under other civil rights and anti-discrimination statutes, the material covered in this CLE should be of interest to a wide range of practitioners.
*Mr. Brancart will now be presenting via Zoom. The presentation will be broadcast in the VandeWalle Courtroom. In the case Zoom participation is more convenient for you, a webinar link has also been provided: https://und.zoom.us/j/98746392774?pwd=U3pSYzFybEc4elI2WnZ5V0VtT0JOdz09
All afternoon sessions will still present their sessions in person.
12:15 p.m. | Lunch | Central Commons
1:30 - 2:30 p.m. | Law Students & Lawyer Well-Being: A Mindful Approach to Integrating Wellness Strategies at the Institutional Level
Presented by Jennifer Cook, Assistant Professor of Law
Many law schools now incorporate some wellness strategies or practices into legal education to positively impact law students’ mental, physical, and academic well-being. State bar associations, law firms, and legal organizations have similarly addressed lawyer well-being. This CLE will explore how to mindfully -- without stigmatizing mental health -- incorporate wellness strategies or programs into an institution's culture to benefit law student and lawyer well-being.
2:30 p.m. | Break
2:45 - 3:45 p.m. | Training "Robot-Proof" Lawyers
Technology is transforming the practice of law. Some of these changes are already here, from high-powered legal research databases to the videoconferencing technology that allowed lawyers and judges to continue their work even in the face of a worldwide epidemic. But just as 20 years ago, few predicted the rise of social media, today we're left wondering: what's on the horizon? And how can today's lawyers be prepared for tomorrow's technology - some of which we can't even yet imagine?
UND Law recognizes the need for attorneys to gain practical technology skills that can sustain them both today and in the future. In this session, attorneys will learn how the School of Law is tackling this challenge. Through its Law Practice Technology course and other programs, UND is helping to expose students to current technologies as well as teaching them strategies for adapting when new ones inevitably arise. We are also helping them learn both the risks and rewards presented by these transformative technologies. The goal is to provide an education in legal technology that sets our future attorneys up for continuing relevance regardless of what is to come.
3:45 p.m. | Break
4:00 - 5:00 p.m. | Take a Deep Breath: What to Do (and Not Do) in Response to Online Criticism
Presented by Michael McGinniss, Dean and Professor of Law
One of your recent clients has posted a negative online review, and you’re upset. Everyone is entitled to their opinion, of course, but here the basic facts about the work you did for the client are just wrong, and it feels so embarrassing and unfair for everyone—including prospective clients and your peers--to read it and possibly believe it. What should you do in response, consistent with your ethical obligations, such as the duty of confidentiality under Rule 1.6? This program will help you better understand what you can and should do in such situations if and when they arise. We will cover a recent new ABA Formal Opinion 496, Responding to Online Criticism (Jan. 13, 2021) and an Oregon disciplinary decision (In re Conry, 368 Or. 349 (July 15, 2021)) sanctioning a lawyer for violating Rule 1.6 in responding to a client’s online criticism. The program will also provide some guidance about best practices for lawyers in these circumstances beyond what the rules require, and a broad overview of lawyers’ confidentiality obligations when engaging in various kinds of online or other public commentary. Finally, the program will include short hypothetical to illustrate how the rules apply and provide attendees an interactive opportunity to engage with the topic.