Welcome to the ACBA Online CLE Center

Presented by the ACBA Criminal Litigation Section
A Look at the Ethics of Physical Evidence at a Crime Scene
This CLE will be a review and discussion of the legal and ethical problems when physical evidence of a crime is given or otherwise known to defense counsel.

Specifics to be covered include:

-The duties to preserve physical evidence
-Ethical responsibilities of a defense attorney when counsel possesses physical evidence
-The nuances of the law as applied to various types of evidence
-The possible penalties that are faced by counsel
-How to speak to a client when the client explains he/she possesses physical evidence
-What information obtained by a private investigator or attorney must be turned over to the Commonwealth of Pennsylvania.

This course is essential for anyone that handles criminal defense work. A serious criminal defense practitioner needs to fully understand what their responsibilities are when they or their investigator comes across physical evidence or evidence from a witness.

Date Recorded: July 22, 2020

Speakers: Thomas Farrell, Kevin McCarthy

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The Name Change Project of the Transgender Legal Defense & Education Fund came to Pittsburgh in 2013 and has helped more than 100 transgender people navigate the legal path to a name that matches their gender identity. Name Change Project attorneys Stefan Dann and Gregory Vose of Reed Smith will discuss how to navigate the name change process, including special concerns for transgender clients, and how volunteer attorneys can get involved.
 
This year marks the launch of a new Local Rule in Allegheny County, creating a special track within the Civil Division of the Court of Common Pleas for name changes involving vulnerable populations. This was created largely in response to the experiences of transgender people in the name change process. Administrative Judge Christine Ward will discuss why the new Rule was created, how the procedure for name changes will work and how it can also protect clients who are victims of abuse, harassment, or other crimes, whether transgender or cisgender.

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This presentation will provide an overview of fundamental policy provisions, judicial and legislative updates, and practical claims considerations relative to COVID19-related business interruption insurance claims in Pennsylvania.

This will be a "neutral" presentation that is balanced as it relates to industry vs. policyholder issues.

Date Recorded: July 9, 2020

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Nonprofit organizations often make use of alcohol during fundraising and other events, but nonprofit leaders are not always sure what is and is not permitted under Pennsylvania law. In this program, attendees will learn the fundamentals involved in serving alcohol at events, selling alcohol, giving alcohol away for free and raffling off alcohol, among other matters. This presentation will be very useful to anyone who counsels nonprofits, works at a nonprofit, sits on a nonprofit board, or volunteers for nonprofits.

Date Recorded: February 18, 2020

Speakers: Mark Flaherty, Stanley Wolowski, Eric Altpeter

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Imagine "visiting" your doctor via FaceTime, getting a diagnosis and subsequent prescription all without leaving your home? That's telemedicine, and it's the wave of the future.

This presentation will focus on telemedicine with particular emphasis on occupational injuries and workers' compensation.

The program will define what telemedicine is in workers' compensation. Specifics to be covered include injuries, patient experiences, patient privacy, state regulations (including paneling/direction of care, types of provider and billing). Additionally, the program will cover what the future of telemedicine holds.

Date Recorded: February 28, 2020

Speakers: Ann Schnure

Moderators: Hon. David Torrey

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Trusts play a major role in the legal world. Attorneys in a variety of practice areas – from family law to estate planning to taxation and more – have a practice that touches on trusts in some way.

This program will offer a fresh perspective on trust administration and document preparation; examples of conflicting provisions and/or unintended consequences will be discussed. The program is ideal for young attorneys looking to learn about trusts, attorneys with experience in other areas of the law who are looking to expand into trusts, and for those seeking a general refresher on trust issues.

The program will be broken up into the following sections:

Basic Trust Administration
Discussion will focus on irrevocable trusts vs. revocable trusts, discretionary distributions; corporate trustees and co-trustees; the Pennsylvania Title 20 Prudent Investor rule; Fiduciary duties and more.

Special Needs Trusts
This section will focus on special needs trusts, and the unique dynamics involved, including public benefits requirements, parental support obligations, cash reimbursement and credit card use and more. Types of special needs trusts (payback, third-party and pooled special needs trusts). Discretionary distribution requirements and prohibitions; ABLE accounts and real estate dynamics will also be examined.

Guardianships
Guardianships and Pennsylvania Title 20 will be examined, including the guardianship of minors and/or incompetent adults. "Guardian of the estate vs. Guardian of the Person" will be examined, along with accounting, distribution requirements and prohibitions.

Oil and Gas Trusts
Learn about mineral management issues, the Pennsylvania Principal and Income Act, and Dormant Oil and Gas Act trusts.

CLE and Events Registration Policy:  Members and Non-members can register for ACBA programs online or by paper mail-in registration, up to two days prior to a program start date.  Some programs are restricted to ACBA or Section members only.  Pre-registration is preferred, however our events are open to walk-ins after online registration closes, unless the event is sold out.  If you pre-registered but have not yet paid or are a walk-in, preferred method of payment at the door is check or cash (exact change please).   

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Most attorneys glaze over when they hear the words "cyber security." Some think the phrase has something to do with "cyber warfare" and others think that it is only of concern to IT professionals to handle.  Those notions are not entirely true, as cyber security directly impacts every practicing attorney.
 
In this seminar, attendees will learn, in layman terms, what cyber security means to the modern day practice of law. Those who attend will learn safe and secure practices to implement on their network and/or PCs. In addition to IT professionals, two ACBA members will be on the panel and talk about implementing cyber security practices within their own law offices.

Date Recorded: November 14, 2019

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Immigration law is getting more attention now than at any time in recent memory. Attorneys in all practice areas get questions from clients on this topic; this program will teach the basics of immigration and asylum law, specifically designed for attorneys in other practice areas who do not routinely handle these cases. Participants will be encouraged to take on pro bono asylum cases with the assistance of experienced immigration practitioners.

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An expert panel will discuss strategies and options to consider when deciding where to locate your practice and finding suitable space for your particular needs. The factors to consider in deciding among those many options will be covered.

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Bankruptcy law is its own, specialized practice area filled with its own procedures, concepts and dynamics. However, bankruptcy is also a practice area that overlaps with many other practice areas, meaning all attorneys should know the basics.

This program will discuss the bankruptcy basics of Chapter 7 and Chapter 13 for the non-bankruptcy practitioner. This distinguished panel will discuss the automatic stay and its effect on other lawsuits. The session will review the bankruptcy process in general as well as discuss dealing with bankruptcy issues if your client is the debtor or a creditor. Any attorney who has cases or clients where bankruptcy may be an issue or a concern should not miss this CLE.

Date Recorded: March 5, 2020

Speakers: Hon. Carlota Bohm, Judith Fitzgerald, Robert Bernstein

Moderators: Abagale Steidl

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We all live in a world of constant technological advancement, and the law is forced to advance and adapt with this rapid growth. However, the law often struggles to keep pace with the ever-changing, technological world. This seminar will afford attendees the knowledge necessary to effectively handle criminal cases involving modern technology including warrantless cell phone tower ping searches, facial recognition software and recreational drone use.

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You are most likely being bombarded with messages about the Coronavirus, whether on television, social media or in your community networks. During uncertain times like these, anxiety, stress, fear and negative thoughts can easily take control.

You may be worried about being in crowds or about your loved ones, seniors and clients. You are likely concerned about your finances, practice or how to manage a quarantine.

Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, addiction and mental health disorders among members of the legal profession, even prior to the pandemic. The statistics are compelling and clearly indicate that one out of three attorneys will likely have a need for substance use counseling or mental health services at some point in their careers. Accordingly, unexpected events like the Coronavirus will have an even greater impact on lawyers.

In light of this unprecedented crisis and its far reaching impact, this program will cover:


• The early warning signs of impairment, with special emphasis on anxiety, stress and depression. The speaker will describe some of the ways to reduce or alleviate these conditions, which have become commonplace among members of the legal profession.

• The free services that Lawyers Concerned for Lawyers provides to lawyers, judges, their family members and law students, all of which are still fully available during the Coronavirus epidemic.

• A close look at what barriers exist that prevent lawyers and judges from seeking the help they need will be provided.

• The role that education plays in breaking the stigma and fear associated with addiction and mental illness in the legal profession.

• Special emphasis will be placed on what callers to the LCL Confidential Helpline can expect, regardless of whether it is a self-referral or a request for intervention assistance.

• How best to approach the impaired individual who may be in need of help.

Date Recorded: April 15, 2020

Speakers: Brian Quinn, Esq.

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There are countless legal angles regarding the COVID-19 pandemic, but this program will take a look at the issue from the point of view of Pennsylvania teachers and educators.

A panel featuring a retired public school teacher-turned-attorney, an attorney representing members of the Pittsburgh Federation of Teachers (PFT) and an ethics trainer with the Pennsylvania Music Educators Association will cover an array of related topics, including:

-Pennsylvania Department of Education (PDE) 6-4-20 "preliminary guidelines" for re-opening schools
-The concerns Pennsylvania Educators have on re-opening schools during COVID
-Changes to Arbitration Hearing Process for Section 1133 Terminations during COVID
-PDE's record setting number of Educator Misconduct Complaints in recent years
-PMEA's ethics training today
-Professional Standards and Practices Commission January, 2020 recommendation to Pa. State
-Board of Education for mandatory ethics training for Pennsylvania Educators
-PDE discipline process for educator misconduct complaints before commission
-Pennsylvania professional code of practices and conduct for educators
-Sample ethics training slideshow and case study for Pennsylvania educators

This CLE is ideal not only for solicitors representing schools and educational institutions, but also attorneys who are parents of school aged children.

Date Recorded: July 16, 2020

Speakers: Thomas Bailey, Noah Jordan, Paul Fox

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This program will offer a tax-focused update on recent legislation passed in response to the COVID-19 crisis. The seminar will cover paycheck protection program loans, tax credits available to employers under the CARES Act, payroll tax deferral and changes made to the 2017 Tax Cuts and Jobs Act.

Date Recorded: July 28, 2020

Speakers: Christine Green

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Crises can take many forms for companies and individuals, and these crises can have quite an impact in the public eye. This is evident now, more than ever, as the globe deals with a pandemic. But, whether they are accidental, financial, legal or something else entirely, there is one thing that all affected businesses and people have in common: a critical need for a crisis response.

In the 21st century, crisis communication is driven by today's fast-paced, digital environment. Crisis communication requires specialized strategic and tactical knowledge, skills and experience. The challenges posed by a 24/7 news cycle, the internet, and increased pressure from internal and external stakeholders demand a holistic crisis response that transcends the legal framework.

By attending this CLE class, attorneys will develop a deeper understanding of core crisis communication concepts and tools, gain valuable insight into harnessing the power of traditional and social media in times of crisis, and learn how crisis communication and legal strategies complement one another.

Date Recorded: June 8, 2020

Speakers: Jonathan Delano, Esq., Anne Linaberger, Oliver Schmidt

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Crises can take many forms for companies and individuals, and these crises can have quite an impact in the public eye. But, whether they are accidental, financial, legal, or otherwise, there is one thing that all affected businesses and people have in common: a critical need for a crisis response that includes effective communication with key stakeholders.

In the 21st century, crisis communication is driven by today's fast-paced, digital environment. Crisis communication requires specialized strategic and tactical knowledge, skills and experience. The challenges posed by a 24/7 news cycle, the internet, and increased pressure from internal and external stakeholders demand a holistic crisis response that transcends the legal framework.

By attending this CLE class, attorneys will develop a deeper understanding of core crisis communication concepts and tools, gain valuable insight into harnessing the power of traditional and social media in times of crisis, and learn how crisis communication and legal strategies complement one another.

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Interested in family law but want a refresher on the basics? Want to help those in need with simple divorces?

This program will cover the basic procedural steps and other considerations needed to obtain a divorce. Those attending this program will be able to volunteer for the ACBF Divorce Law Project and assist low-income clients obtain divorces.

The program will review how the ACBF Divorce Law Project works, the procedures for filing for divorce and the special rules for serving defendants in family law cases. Sample forms and correspondence for representing clients through the ACBF Divorce Law Project and the factors to consider whether a simple divorce is appropriate also will be covered.

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In 2019, an attorney's "brand" is, in many ways, as important as his or her legal knowledge. This program will take a holistic view on how clients find - and engage - with your brand in today's day-and age. Specific topics to be covered include brands and brandwidth, offline brand vs. online brand, and crucial metrics that illustrate the importance of an attorney's brand. Additionally, the seven trends attorneys need to recognize for the future will be covered.

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The Coronavirus crisis is impacting multiple areas of society, including education.

During this program, experienced attorneys will address the changing legal landscape of education as a result of pandemic-driven school closures. This CLE will provide relevant and timely information for attorneys with school clients and attorneys who are experiencing these changes on a more personal level as parents.

Specific topics to be addressed include distance learning, special education compliance, school policies and uncertainties facing schools as the 2020-2021 school year approaches, with a focus on the economic forecast and budgeting.

Date Recorded: May 20, 2020

Speakers: Annemarie Harr Eagle, Esq., Megan Turnbull, Esq. Aimee Zundel, Esq.

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In today's day-and-age, electronic evidence is a critical aspect of many types of cases.

The type and location of electronic evidence and data that may be relevant in an employee investigation or trade secret lawsuit is ever growing and changing. Employers and employees routinely use business and personal computers and email, mobile devices containing call logs, texts, photos, HR and accounting databases, ShareFile, as well as Microsoft Teams, Slack, Instagram, cloud storage, Google Docs, WhatsApp, and other applications. And that's just some of them.

Potentially relevant evidence may be exclusively in the control of the employer, while other relevant data may reside solely with an employee or third party. During this presentation, electronic evidence experts from bit-x-bit will discuss how they forensically collect, preserve and review data on a variety of devices, platforms and systems.

Date Recorded: February 6, 2020

Speakers: Brett Creasy and Joseph Decker

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In Western Pennsylvania, many people include oil and gas rights among their assets.

Equitable distribution of oil and gas rights presents unique and complicated issues. This program will examine and discuss practical solutions to these challenges, including the severance of oil/gas rights, the carving out of executive rights and the need for accurate and reliable valuation reports.

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Drafting contracts is one of the core job functions for many attorneys. But how often do you stop to consider the ethical implications that attorneys should follow when drafting these documents? This program examines these ethical dynamics.

Specifically, this course will present a study of inadvertent unilateral and joint drafting errors; intentional modification of "standard" forms; incorrect recitations of law; and omissions by error of an agreed-upon term, and the ethical duties of the drafting and receiving lawyers in each situation. Additionally, practice strategies to guard against such situations will be discussed. Specifics to be covered include:


Competence – knowing what you're doing.
Conflicts of Interest.
Doing business with client.
Dealing with unrepresented persons.
Conduct involving dishonesty fraud deceit and misrepresentation.

This course includes citation to numerous applicable model rules and state rules.

The discussion will be led by Claude Ducloux, who has four decades of experience as a civil litigator and is now a nationally recognized legal educator.

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By their nature, custody cases bring about substantial ethical dilemmas:

Your eyes pop open from sleep at 2 a.m. You cannot stop thinking about your client advising you that she has a record from 15 years before her child was born. She had to support herself as a prostitute, but she will deny it at trial if she is asked. Now what?

Can a judge search social media sites or court dockets about parties to an action? If so, can that information be used in deciding the case if not presented in evidence?

If you are appointed as a GAL, where do your ethical duties lie?

Can or should a psychologist testify about a client who is a minor? If so, to what extent?

Litigating, negotiating and adjudicating custody cases often present thorny ethical/professional questions. Judges have to know not only the rules that govern their conduct, but also the conduct of lawyers and psychologists. All of this can impact how the issue of best interest of the child is decided.
During this program, the panel will feature an attorney experienced in handling ethical issues for lawyers, a professor who teaches issues related to judicial ethics and a psychologist knowledgeable in the area of ethics for psychologists.

The program aims to discuss the intersection of these issues in custody litigation. For example, attorneys are subject to Rule of Professional Conduct 1.6 on confidentiality. An attorney serving as Guardian ad Litem will necessarily have a different perspective on confidentiality. A Judge will have to comply with Code of Judicial Conduct 2.9 on ex-parte communication and 2.3 on bias and prejudice — all while balancing her responsibility to determine the best interest of the child.

Date Recorded: November 20, 2019

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The ADA Amendments Act and its state law equivalents (such as the PHRA) require employers to provide reasonable accommodations to employees – including those with disabilities – to perform the essential functions of their jobs.

This CLE will address the specifics of the interactive process and when certain accommodations are "reasonable" or should be denied. Panelists will discuss a wide range of typical requests made by employees for equipment (standing desks, special screens, special key boards, etc.), leaves of absence, elimination of certain parts of their jobs, modified work schedules, work-from-home arrangements, and special travel requests (i.e. first class or ability to Uber to client sites instead of drive).

The discussion also will review the information that employers should obtain from employees when evaluating the reasonableness of the requests.

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Few topics in real estate are more important than fair housing. During this program, representatives from the City of Pittsburgh's Commission on Human Relations will discuss the following:

The Commission, its jurisdiction, and its procedures
Fair housing laws and their enforcement in Allegheny County and Pittsburgh
Rights and responsibilities for reasonable accommodations
Rights and responsibilities for reasonable modifications
Additionally, the program will review several real-life scenarios.

Date Recorded: May 6, 2020

Speakers: Wesley Speary, Esq., Rita Porterfield, Esq.

Moderators: Ian Michel, Esq.

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Attorneys spend their entire careers saving money for retirement. But when retirement hits, it can be quite stressful to start taking those hard-earned funds out of your accounts and savings.

Do you have enough saved? When should you start drawing on your saved funds? How do government benefits impact your plan? This program will focus on financial planning strategies, particularly for those attorneys nearing retirement.

Specific points to be covered include:
How much is enough
Defining the time horizon
Defining risk shouldn't be terrifying
Locking it in or riding it out
Insurance Life Cycle
Social Security
The "Retirement Red Zone"

Date Recorded: October 29, 2019

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The topic presentation will discuss the concept of Force Majeure, a point that was sometimes considered to be an "afterthought" of contract drafting, and how that point, along with other defenses/excuses of performance, have now become important provisions to be given extra scrutiny in the COVID landscape.

The presentation will review elements of a contractual force majeure clause and related common law doctrines of frustration of purpose and impossibility/impracticability of performance.

Date Recorded: July 24, 2020

Speakers: Maxwell Briskman Stanfield

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For many years, discussion of the role of race in the justice system centered on explicit racial attitudes and statements. The last 20-plus years of science have revealed a different, and more significant, problem: implicit racial bias that found in the minds of almost everyone. This session will define explicit bias and explain what is known about it. The program also will explain where implicit bias originates and the direct and indirect impacts it has. Potential intervention strategies also will be discussed.  

Date Recorded: October 17, 2019

Speakers: Professor David Harris

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The COVID-19 pandemic has greatly impacted the practice of law, from working remotely to virtual client meetings to promoting your online office. This program will offer strategies designed to help your practice thrive amid the pandemic.

Digital marketing and legal research professionals will discuss ways your law firm can adapt – and even thrive – amid the new working environment. The panel will discuss topics such as making sure your firm and your brand are visible, using social media and conducting meetings through online platforms and virtual resources to help firms be more flexible and thrive during these times.

Date Recorded: June 26, 2020

Speakers: Bryan Barto, Mark Melago, Craig Vaughn

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This program will focus on communications between litigants in custody disputes. It will demonstrate how "Our Family Wizard" can assist those litigants in managing those communications and reduce the typical "he said, she said" in custody disputes. In addition to showing how the parties can better manage their relationship, the program also will go into detail on how judges and attorneys use these electronic communications when the parties cannot amicably resolve their disputes. In particular, the panel will address relevant evidentiary and credibility issues with these communications and the use of these items in Motions and Petitions.

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Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, addiction and mental health disorders among members of the legal profession. The statistics are compelling and clearly indicate that one out of three attorneys will likely need treatment for substance use or mental health services at some point in their careers.

In addition to a breakdown of the results of the recent ABA/Hazelden Krill report, the program will cover:

The early warning signs of impairment, with special emphasis on depression, stress and burnout

The free services that Lawyers Concerned for Lawyers provides to lawyers, judges, their family members and law students

A close look at what barriers exist that prevent lawyers and judges from seeking the help they need will be provided.

The role that education plays in breaking the stigma and fear associated with addiction and mental illness in the legal profession.

Special emphasis will be placed on what callers to the LCL Confidential Helpline can expect, regardless of whether it is a self-referral or a request for intervention assistance.
How best to approach the impaired individual.

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Attorney Jerry McDevitt has been lead outside counsel – and the personal attorney of Vince McMahon – for over 30 years. During this two-substantive credits CLE, McDevitt will cover how the relationship with WWE began and the nature of his role with the organization that has evolved from a regional wrestling company to a global entertainment giant.

He will discuss specific legal issues – many of which have been high-profile, media-sensitive matters – including criminal trials, wrongful death claims, libel suits, congressional investigations, sexual harassment claims, CTE lawsuit and now the rebirth of the XFL, a spring football league.

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Jury selection and management are among the most critical aspects of a trial. This program will examine the strategy and process of jury selection from an engineered group dynamics approach. Specific topics to be covered include:

An Engineered Group Dynamics Approach

Introduction - Before You Start
Know the strengths and weaknesses of the case
Know the first draft of your story
Know what you have to "sell"
Know who would "buy" and who would "resell"

General Principles of Group Dynamics
Social combinations
Leadership
Roles within groups

Juries as Task-Oriented Groups
Organizational dynamics in task-oriented groups
Stages in group development
Anticipating group dynamics during deliberations
Impact of decision rules on group dynamics

Effective Voir Dire
What to ask and why to ask it
Deselection and Rehabilitation

A Case Study – Plan into Action.

Date Recorded: October 25, 2019

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This program is designed for those lawyers interested in becoming certified Landlord-Tenant Arbitrators, Mediators and/or volunteer lawyers who will participate with the Allegheny County Housing Court Pilot Program.

Participants will learn from experienced landlord-tenant practitioners who will cover landlord-tenant law, the procedural rules relating to filings, establishing supersedes, appeals from magisterial district courts and evictions.

Additionally, the program will include mediation training where the key traits and best practices of a successful mediation will be explained. During the mediation training session, The Hon. Alan Hertzberg will outline factors that can be used to encourage resolution in landlord-tenant disputes.

Date Recorded: October 2, 2019

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Essentially all attorneys want to grow their practices. But getting there is not always a tangible process. This program will focus on the specific numbers and metrics attorneys need to make their practices grow.

Specific topics to be covered include:


Creating your individualized money map to get the life you want.
Dashboarding the 28 key performance indicators you need to make strategic decisions for practice/firm. (Stop guessing and only dealing with what's on fire).
Seeing how patterns provide clues to peak performance.
Getting free excel dashboards to get you from where you are to where you want to be.

Date Recorded: February 5, 2020

Speakers: Wendy Witt, Esq.

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The change management process empowers organizations to remodel traditional operating procedures, embrace innovations and acquire new, profitable skills. This includes the adoption of legal technology. In fact, law firms that adopt legal technology will outperform non-adopting practices in the coming years.

With that in mind, one question remains: How can law practices best adopt legal technology and manage the changes that accompany it? This program will explain how.

Date Recorded: June 3, 2020

Speakers: Dorothy Radke

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Life and disability insurance are crucial for any attorney, yet many practitioners do not have this coverage … or not an adequate amount of it.

Do you know what you need to consider when renewing or purchasing life insurance? Have you thought about what would happen to you if you become disabled? What is the right kind of life and disability insurance coverage for you, your family and your firm?

The seminar – conducted specifically with lawyers in mind – will address life and disability insurance benefits, what coverage to look for and the options to obtain from the provider.

Hear from an industry expert from USI Affinity, and get the right questions to ask before you renew or purchase coverage.

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Building a law firm takes more than just an idea and some work. It takes vision, passion and the recognition that law is not just a practice, it's a business. But it's also different than a regular business because lawyers have fiduciary and ethical obligations. During this program, experienced practitioners will offer tips and advice that you can implement in your own practice. The program is especially relevant for solo or small firm practitioners; go from just being a lawyer to building the business that you want to have.

Date Recorded: July 29, 2020

Speakers: Amy Coco, Nicola Henry-Taylor

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Everyone knows that Social Security and Medicare are important resources available to them in retirement, but few people – even highly educated individuals – really understand the details and nuances. This session will provide a detailed look at how government benefits can work for you and your spouse. Specifics to be covered include when and how to start receiving Social Security benefits, opportunities to increase your benefits throughout retirement and understanding your options and when to enroll in Medicare. This program is ideal not only for attorneys approaching retirement age, but also for attorneys of any age who want to begin to understand how these benefits can impact long-term retirement planning.

Date Recorded: October 17, 2019

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Things have changed in most areas of life, due to the COVID-19 outbreak, and that includes mediation and ADR.

This interactive session will be hosted by three experienced mediators: Sally Cimini, Carole Katz and Selina Shultz. They will discuss remote mediations and compare and contrast them to in-person mediations.

Specifics will include:

Description of how remote mediations by Zoom work
What's the same and what's different about in-person vs. remote mediations
Pre-work
Confidentiality and security
Joint sessions
Private separate sessions (including a demonstration of the "breakout room" Zoom function)
The flow of the typical day
Other interactions during the course of the mediation
Papering the deal

Date Recorded: May 4, 2020

Speakers: Sally Cimini, Esq., Carole Katz, Esq., Selina Shultz, Esq.

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Ron Schuler, the author of "The Steel Bar," presents a one-hour substantive CLE on corporate issues arising out of the tempestuous business relationship between Andrew Carnegie and Henry Clay Frick. The program will cover issues arising from the Johnstown Flood and the Homestead Strike through the "World's Greatest Lawsuit" and the founding of U.S. Steel. The program will examine issues such as the limits of corporate authority and powers, limited liability, buyout agreements and M&A through the lens of 19th century Pennsylvania corporation law.

Date Recorded: January 17, 2020

Speakers: Ronald Schuler, Esq.

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The Coronavirus crisis has changed the way the world does business, including attorneys. For instance, in Pennsylvania, Governor Tom Wolf has ordered the temporary suspension of physical presence of stenographers to swear in witnesses, among other changes.

As a result, remote depositions are permissible for the first time, on a temporary basis. But how does that happen, exactly?

During this program, professionals from Network Deposition Services will explore best practices for conducting a deposition remotely. Specifics to be covered include:


Options for cloud-based conference and the 'ins and outs" of the most widely used web deposition software: Zoom
The most effective methods for presenting exhibits
Ways to include participants with minimal access to technology
How to adapt your deposition style to accommodate remote methods

Date Recorded: April 28, 2020

Speakers: AJ. Simeone

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From revised rules to new mandatory forms to electronic reporting, guardianship practice in Pennsylvania is changing dramatically. Attorneys and their clients must be up to date on the revisions to both procedures and forms, as they relate both to pleadings and practice, as well as to the rules and duties of the guardian. This seminar will give an overview of basic guardianship practice, discuss the revised rules and procedures, and provide essential information and resources for guardians and their counsel.

Date Recorded: October 30, 2019

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This program will cover the basics of what it takes to properly manage oil and gas risks on pad sites, as well as compliance for service contractors who service the site. The program will walk through why proper MSA terms are important and how risk management and transfer have evolved. Mitigating risk is a huge benefit to members of the legal community who practice in this field, and this program will cater to them. It will be a blend of how the legal works with the insurance community to protect both the oil and gas businesses and their employees.

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This panel discussion will feature speakers with experience in a variety of important areas relating to well plugging in Pennsylvania:

Jeff Walentosky is professional geologist, President and CEO of Moody and Associates, a geologic and environmental consulting firm that assists in well plugging operations and gas migration issues. Mr. Walentosky will give a technical and visual overview of the well plugging process.

Rick Watling is an Assistant Counsel in the Office of Chief Counsel for the Pennsylvania Department of Environmental Protection. Mr. Watling will speak about a recent consent order regarding plugging obligations and liability for more than 1,400 abandoned wells.

Robert Burns is a Shareholder at Buchanan Ingersoll & Rooney. Mr. Burns will speak about his past experience litigating well plugging issues, the interplay between well plugging and coal operations, and updated statutory and regulatory developments regarding such interplay.

Brian Pulito is a Member at Steptoe & Johnson. Mr. Pulito will speak about recent legal developments regarding personal liability related to the failure to comply with well plugging obligations.

The discussion will be moderated by Howard Wein, Of Counsel at Buchanan Ingersoll & Rooney.

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COVID-19 has already changed how companies of all sizes do business around the globe, and those changes will continue long after the virus has passed. This webinar will focus on COVID-19 and discuss what management teams across industries and geographical regions should do in order to optimize their companies' COVID-19 readiness and responses.

Specifics to be covered include: organizational readiness, information collection and analysis, impact assessment and scenario planning, effective leadership in times of crisis and internal and external stakeholder communication. Other important tasks and success factors also will specifically be addressed. In addition, the webinar will provide lessons learned and an interactive question-and-answer session.

Date Recorded: April 24, 2020

Speakers: Oliver Schmidt

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This CLE program will provide a substantive update on police misconduct cases from the U.S. Supreme Court, U.S. Court of Appeals for the Third Circuit, and the U.S. District Court, Western District of Pennsylvania. The program will cover cases from Jan. 1, 2018 to the present. Included topics will be qualified immunity, excessive force, first amendment retaliatory arrest, malicious prosecution and officer-involved shootings.

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The POWER Act, passed by U.S. Congress in 2019, requires the chief judge for each judicial district to conduct public events to promote pro bono legal services for survivors of domestic violence, dating violence, sexual assault and stalking. The Act also requires the judge to organize public events aimed specifically at survivors belonging to trial organizations, if any live within their jurisdiction. A chief judge must, in conducting public events, seek to maximize the local impact and the provision of high-quality pro bono legal services to survivors, according to the Act.

This program will bring awareness to domestic violence situations in the community and provide opportunities for members of the bar to offer pro bono legal services to survivors.

Date Recorded: June 18, 2020

Speakers: Susan Abramowich, Esq., Hon. Maria McLaughlin, Margaret Prescott, Esq., Hon. David Spurgeon

Moderators: Hon. Cynthia Eddy

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This CLE will offer advice, tips and strategies for giving a presentation … not just any presentation, but one that is impactful, memorable and, well, interesting.

Specific topics to be covered include:

Ways of removing stress from presenting.
Ideas for keeping your audience engaged.
Goals for how much to present and how to present it.
The beginning, the middle and the end: how to build your presentation with purpose.
Building an effective PowerPoint.
Knowing the topic and selling your points.
Understanding and gauging your audience.

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With the recent shift to increased remote work, the frequency of business conducted via mobile devices undoubtedly has increased as well, exposing users to critical risks, including data loss, cyber-attacks and exfiltration of corporate assets.

This webinar, led by a certified forensic analyst and senior attorney, will detail best practices for mitigating the risks of mobile device usage, as well as recovery of deleted information and remote collection of mobile data. In addition, the webinar will review important new guidance on ethical considerations facing lawyers managing client matters remotely.

Date Recorded: May 27, 2020

Speakers: Brett Creasy and John Unice, Esq.

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Selecting the arbitrator(s) is one of the most important decisions for all parties involved in construction arbitration proceedings. During this program, the panel, led by Michael Marra and Louis Martinez, from AAA will discuss key considerations in making this decision from the point of view of both the AAA, as well as from that of arbitrators and counsel. Specific topics to be covered include:

Arbitrator experience
Case management skills
Approach to discovery
Dynamics within a tribunal

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This program will examine ways to minimize the threat of professional liability claims, with focus on attorneys in small and mid-sized firms.

An expert panel will cover topics such as managing firm finances in today's legal market, ethically limiting the scope of your legal representations and strategically documenting files to enhance defenses against professional liability claims.

Attorneys have access to highly sensitive information and large sums of money, and although they are experts in many areas, many are not on the cutting edge of new technology. Recognizing this, hackers have set their sights on the legal profession in recent years. As a result, the cyber threat to law firms has never been higher.

Specifics to be covered include:

Recommended actions to manage firm finances
A review of limiting scope in engagement letters
Proper documentation benefits
The evolving legal and ethical duties of attorneys to protect against cyber incidents
An examination of several phishing tactics adapted from real cyber claims

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In this popular annual program, attorney Terry Murphy will provide his Annual Update of U.S. Supreme Court Cases of Interest to Labor Employment Practitioners from the 2018-19 term. The Update will discuss recent decisions from the U.S. Supreme Court. In addition, it will examine Supreme Court trends, and what they could mean for future cases.

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An expert speaker will discuss the different technology tools and options that lawyers use in practicing law and in managing their practices, some of the differences between managing smaller and larger firms, the costs - and pros and cons - of different technology tools and options.

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The ABCs of CBAs in Pro Sports

In today's day and age, professional sports are just as much about contracts and agents as they are about, well, sports. This program will cover the basics of the Collective Bargaining Agreements for both the National Football Association and Major League Baseball.

MLB
Jay Reisinger, an ACBA member and sports agent, will discuss MLB's 2017-21 Basic Agreement, which governs the relationship between the 30 MLB clubs and the Major League Baseball Players Association. This agreement contained a number of revised provisions that have had a significant impact on both the players and clubs. The specific new provisions to be discussed include:

The revised Competitive Balance Tax has reduced spending by the top revenue clubs, which has created a drain on players' salaries.
The CBA also imposed a cap on spending in the international market, which has had a dramatic effect on international player contracts, especially in the Cuban market.
The Domestic Violence Policy was amended and players are now required to produce any non-disclosure agreements that relate to accusations of domestic violence.

NFL
On the football side, ACBA member and agent Dan Kunz will speak about the National Football League's CBA, which is set to expire at the end of the 2020 season. This portion of the program will specifically address issues related to the expiring contract, including:

The likelihood (or not) of an NFL work stoppage
Historic NFL work stoppages and whether they can help predict the future
The players' wish list for the upcoming CBA
*Lunch will be served.

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United States Secretary of Education Betsy DeVos' new Title IX regulations – published May 6, 2020 and effective August 14, 2020 – will substantially change the requirements for the handling of sexual misconduct claims in all institutions that provide educational programs or activities and accept federal funds. Institutional policies, processes and practices surrounding sexual misconduct will all be impacted. As a result, litigation may increase, and litigation strategies will evolve.

In this session, lawyers representing higher education institutions, K-12 schools and teaching hospitals, as well as those representing individuals, will learn from those in the field about the key regulatory changes, balancing the important legal obligations and rights, and other practical tips.

Date Recorded: June 1, 2020

Speakers: Pamela Connelly, Esq., Jennifer Fink, Esq., Stephen Gilson, Esq.

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Attendees will meet the new masters sitting on Allegheny County family court and learn the "do's and don'ts" of practicing in front of them. During the program, each master will run through what to do - and what not to do - when practicing in front of them. Major topics will include an overview of master's practice and procedure; drafting pre-trial statements; preparing for conciliations prior to trial; and parsing out relevant evidence and testimony at trial. Additionally, how best to prepare a case for presentation to the master for complex support, equitable distribution and enforcement issues will be covered

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An appellant who has lost before a panel of the Superior or Commonwealth Court and seeks further consideration of his or her legal argument is faced with several options. In addition to proceeding immediately to an allocatur petition in the Supreme Court, the unsuccessful appellant can first petition the Superior or Commonwealth Court for reconsideration or re-argument before the court en banc, when the case is heard before all judges of the court.

During this session, a panel of appellate jurists and practitioners will offer an informative discussion on the relative strategic advantages of en banc and allocatur proceedings, the difference between reconsideration and re-argument, the proper content of an en banc petition, pitfalls to avoid and applicable filing deadlines. As an added bonus, the jurists on the panel will provide insight into considerations governing the granting of en banc petitions, the voting process on such petitions and their relative chances of success.

Date Recorded: July 30, 2020

Speakers: Temp Smith, Christopher Parker, Corrie Woods, Hon. Patricia McCullough, Hon. Victor Stabile

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The actual negotiating of a collective bargaining agreement is the bread-and-butter of an attorney's role in labor contracts. These negotiations are the reason many attorneys go into this practice area.

The process of free collective bargaining is a high-stakes, demanding and intricate process with its fair share of gamesmanship and ethical challenges. Forces from outside the bargaining table, intransigent personalities within the ranks, or internal political drama are just some of the challenges that test the patience and reputation of the negotiator.

This program will explore – through the prism of a panel of local labor attorneys – what they were never taught in law school about the process of free collective bargaining.

Specifics to be covered include:

Preparing for negotiations
Formulation of Proposals
Legal considerations concerning conduct at the negotiating table
Key issues in contemporary bargaining
Contract costing concepts
Unwritten rules of bargaining etiquette and/or engagement

Date Recorded: March 13, 2020

Speakers: Brian Balonick, Esq., Amanda Bundick, Esq., Noah Jordan, Esq., Carsen Ruperto, Esq., John Yoedt, Esq.

Moderators: Fulton Miklos, Esq.

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Wendy Witt, an ACBA member and nationally recognized attorney coach, helps attorneys build million dollar practices.  In this hands-on, interactive workshop, you will learn the numbers and tangible metrics you need to know to duble your revenue.  Attendees will walk away from this program with a personalized money map to double revenue, the No. 1 formula for law firm success and indivudualized law firm business strategy tips.  Talking about growing revenue is common, but this program will give the specific numbers and metrics needed to make it happen.

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In this hour, we will examine past and current prominent cases that have impacted/continue to impact the concept of "amateurism" in the NCAA. We will also dive into recent by-laws affecting representation by certified agents (Men's basketball) as well as the overall "need" for agents in the future.

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The global mobility market is worth more than $6 trillion and will be transformed by technology, much of which is being pioneered right here in the Pittsburgh region. In one of the hubs for self-driving cars, Pittsburgh residents not only regularly hear stories about how these vehicles will change our lives, but local residents actually share the road with them.

Much of the news from this industry concerns the engineering, economic and/or public-reaction aspects of these vehicles. But what are the legal issues affecting their development and adoption? This program aims to cover basic legal topics, including terminology and related problems; regulators and their powers; insurance; collisions and litigation; and ethical and moral questions. The presentation should boost attendees' understanding of this revolutionary and inevitable part of the future and shed light on how much remains to be accomplished.

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Vicarious trauma – the internal transformation experienced by attorneys who come into contact with a traumatic situation, information or materials – is a real problem in the legal profession.

Attendees will have the opportunity to learn about vicarious trauma and the impact it can have on them as practitioners. Attendees will hear from attorneys who are committed to pro bono and "low bono" work, and how through engaging in that work, they experienced vicarious trauma. Panelists will engage with attendees in an interactive manner to share tools and tips that can be helpful in combating vicarious trauma. Additionally, attendees will learn how to look for warning signs that they may be experiencing vicarious trauma.

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This program features an in-depth discussion regarding the necessity of careful practice and insurance planning for firms and solo practitioners when the structure of a practice changes. Situations such as a firm merging, a firm bringing in lateral hires, a group of attorneys within a firm "spinning off" or even when lawyers decide to retire all have specific nuances and liability implications. The discussion will include the ethical issues that lawyers face when their practice changes, as well as risk management issues to keep in mind. Presenters also will discuss what to look for in a "claims made and reported policy" and with "tail coverage."

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Even for times as unusual as these, the U.S. Supreme Court's term is shaping up to be a most interesting one. In addition to the usual fever-pitched anticipation as high-profile opinions are released, the legal community has experienced the first livestreamed and – the Chief Justice would want to note – very carefully orchestrated arguments by conference call.

Is it better when the arguments are more structured? Are advocates and justices finding new value in the argument? And who flushed the toilet heard round the world?

This session will feature a discussion of the Supreme Court's latest opinions, its experiment with live arguments by telephone, and predictions for the opinions still to be released. Additionally, the discussion will cover what it all might mean for the "least dangerous branch."

Date Recorded: June 18, 2020

Speakers: Ben Minegar, Esq., Dean Amy Wildermuth

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Formed in 1957, the mission of the Allegheny County Health Department is to protect, promote and preserve the health and well-being of the 1.2 million residents of Allegheny County, particularly the most vulnerable. This program will focus on the ACHD's Air Quality Program. Topics will include the Air Quality Program's permitting process, enforcement procedures and regulatory process. The program also will include information on the ACHD's other environmental programs which include Plumbing, Housing and Community Environment; Water Pollution Control and Waste Management; and Food Safety. The program will walk through the process of taking an appeal before the Administrative Hearing Officer. It also will provide tips on filing an appeal and litigating a case before the Hearing Officer.

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Local courts often employ different policies for the administration of cases. Judicial leadership from federal and state courts will discuss what procedures work best for each court and division and what modifications and new protocol might be considered to make Western Pennsylvania a better place to practice. Topics will include master versus individual calendars, motions court practices and to what extent the decision-maker should be involved in efforts to settle a case.

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It has been a very busy year for water law developments. In this program, a knowledgeable panel will discuss the practical implications of the following key regulatory revisions and case law from 2020 to this point:

• The new definition of "waters of the United States"

• The U.S. Supreme Court's introduction of the "functional equivalent" test in evaluating Clean Water Act liability and permitting obligations for groundwater discharges that reach surface waters

• Proposed revisions to the Pennsylvania Chapter 105 regulations regarding water obstructions and encroachments

Date Recorded: July 29, 2020

Speakers: Lisa Bruderly, Pat Gavaghan

Moderators: Howard Wein

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From judicial hearings, fake news and fumbled investigations, sometimes you just don't know what to believe. BUT, when it comes to your firm, you NEED to know if harassment or hostility is driving people away and how to address it. Doing so is simply good business; improving retention rates, productivity, and even your bottom line. Turnover is expensive.
 
With a supportive environment, proper policies and a plan for investigating and dealing with complaints, you can create a culture where you are "in the know." This program will provide another toolkit of concrete actions, policies and strategies to create an environment where people are comfortable coming forward with complaints and ways to properly investigate and address issues. This will also increase your ability to create a positive, professional workplace that cultivates and retains the best talent and protect your assets.
 
The program will explain how to comply with the ethical requirements for professionalism and the judicial ethical requirements for the treatment and management of staff and lawyers.

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It's always a hot-button issue in Western Pennsylvania: property tax assessments. This program is designed not only for those attorneys who practice as solicitors, taxation attorneys and real estate practitioners, but also for anyone who owns property in Allegheny County or any lawyer who represents these property owners.

The panel will feature an attorney representing property owners, a school district solicitor and the Solicitor for the Allegheny County Board of Property Assessments and Appeals Review (BPAAR).

Specific topics to be covered include:

Local Rules for BPAAR
Residential vs. commercial appeals
The best evidence to present during appeals
Managing client expectations
Recent cases and legal developments
Assessment and appeals practice tips

Date Recorded: February 27, 2020

Speakers: Nicole Amick, Kate Diersen, David Montgomery

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The Statement of Errors Complained of on Appeal can be both an effective tool and a trap for the unwary. An effective statement should both inform the trial judge of the precise issues to address in the trial court opinion and preserve those issues for appeal.
 
Join a panel of appellate jurists and practitioners for an informative discussion of how to utilize the Rule 1925(b) statement to your client's best advantage. Topics covered will include choosing which issues to raise, limitations on the number of issues to present, effective setting forth of the errors asserted, preservation of subsidiary issues, citing errors in seemingly vague trial decisions and waiver of issues. Examples of effective Statements of Errors will be discussed.

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