Available Online CLE Courses

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. Close Full Description

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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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. Close Full Description

From ousted CEOs to nixed political campaigns due to bad behavior, some days it seems like professionalism and fairness were never the concerns of any industry – especially dealings between men and women in the workforce. You've seen the headlines, you've heard the commentators, but maybe you aren't sure what to do – especially when every word or gesture now feels like a potential minefield of risk.
 
The truth is you CAN make a difference in the working world, no matter your role or rank, on issues of inappropriate behavior and harassment. You will leave this program with a toolkit of concrete actions, resources, and strategies, big and small, for fostering professionalism in the legal community proactively, and for responding appropriately when it appears to be lacking. Using the recent experiences of fellow members of the ACBA, the panelists will demonstrate what works – and what doesn't – when addressing inappropriate conduct in the office, courtroom, or bar association events. The program will explain not only how to comply with the ethical requirements for professionalism, but why doing so is simply good business, improving retention rates, productivity, and even your bottom line. Close Full Description

This CLE is intended to provide attorneys who do not practice criminal law the basics on what happens to individuals who enter the Criminal Justice System. Many attorneys will at some point in their career get questions from friends, current clients, or potential clients about that individual's criminal case. This program will provide attorneys with the information necessary to keep their client safe until they can speak with an attorney who specializes in criminal defense. The program will cover the following specifics.


The Criminal Justice System Process – It is important for an attorney who does not regularly practice in criminal defense to understand where the defendant is in the process before being able to have an informed discussion with the individual.

Diversion Programs and Specialty Courts – This segment involves specialty courts and programs such as Mental Health Court, Drug Court and ARD). Many attorneys are unaware of the full options available to criminal defendants. It can be useful for these defendants to understand that they will have opportunities to handle whatever problems that lead to their involvement in the Criminal Justice System rather than worrying that they will automatically be locked away. This could also be useful to instruct clients who have mental health issues or got caught up in the opioid crisis to seek treatment before the case gets too far as that may help their case going forward.

Should a defendant speak to the police? – Whether a defendant should ever speak with police and their rights when police call an individual to the police station will be discussed. Many times, defendants do not understand their rights in relation to police questioning or interrogation. Attorneys should know the basic rights involved and explain how a defendant can clearly invoke these rights before the defendant goes to speak with police without consulting a criminal defense attorney first.

Preservation of Evidence – By the time a criminal defendant gets to a preliminary hearing, any videos or witnesses could have easily been erased or disappeared. It is imperative to the criminal defendant to preserve as much evidence as possible before speaking with a criminal defense attorney, and attorneys can save their clients potential criminal consequences by offering this advice.

Incarcerated Clients – Attorneys who do not practice criminal defense are likely unaware of the effects of bond or other matters, such as detainers, on the ability of a client to attend court hearings or the pressure of a client to plead to an offense that may affect their rights in a civil or family court lawsuit. Close Full Description

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. Close Full Description

The Probate and Trust Law Section's program will discuss and review an array of current issues including the following broader topics:  The implementation of the Public Access Policy of the Unified Judicial System of Pennsylvania for filings with the Orphans' Court and any ongoing issues experienced by practitioners  The status and significant changes of the proposed Pennsylvania Orphans' Court Rules for Guardianships.  The impact the Tax Cuts and Jobs Act of 2017 has on the income taxation of estates and trusts, in particular the elimination of miscellaneous itemized deductions.  
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The implementation of the Public Access Policy of the Unified Judicial System of Pennsylvania for filings with the Orphans' Court and any ongoing issues experienced by practitioners.  
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The status and significant changes of the proposed Pennsylvania Orphans' Court Rules for Guardianships.  
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The impact the Tax Cuts and Jobs Act of 2017 has on the income taxation of estates and trusts, in particular the elimination of miscellaneous itemized deductions. Close Full Description

In this highly informative CLE, attendees will be offered a step-by-step demonstration on how to e-file documents in the Allegheny County Court of Common Pleas Orphans' Court Division and Department of Court Records of Allegheny County. Each step from creating a login and password to uploading and submitting filings will be discussed and displayed by the Chief Technology Officer for the County of Allegheny. Those in attendance will learn the many advantages to e-filing and who to contact for assistance. Close Full Description

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. Close Full Description

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. Close Full Description

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. Close Full Description

This program will feature a dynamic panel of prominent in house attorneys. They will discuss, "from the inside" what they didn't know about working as in house counsel before they began their careers in this area of the law. The panel will also discuss tips about what outside counsel should know when working with in house attorneys Close Full Description

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. Close Full Description

Attendees are invited to a discussion of timely issues in the ever-changing field of medical marijuana law. Four dynamic speakers will discuss navigating the legal and ethical issues of medical marijuana, including employment issues, banking concerns and criminal ramifications. The speakers will also offer a brief legislative primer on where issues currently state, and the overall medical marijuana climate. Close Full Description

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. Close Full Description

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. Close Full Description

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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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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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. Close Full Description

The first in a two-part series on school and municipal law, this program will feature a discussion about a serious, timely topic: school safety.  In the wake of all-too-frequent school shooting tragedies, this program will discuss various legal aspects of school safety.  Specifically, the program will examine how to address student behavioral concerns and offer an overview of student disciplinary options.  Effective law collaboration between schools and law enforcement will also be discussed. Close Full Description

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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The second in a two-part series on school and municipal law, this program will focus on ethical dilemmas lawyers face representing public sector clients and strategies to address those concerns.
 
Specifically, the program will discuss statutory powers of solicitors and how the Pennsylvania Rules of Professional Conduct affect the delivery of legal advice and services to public sector clients. Advising clients against the backdrop of the Sunshine Law, Ethics Act and Right to Know Law will also be addressed. Practical strategies for managing difficult ethical dilemmas both at and outside the meeting setting will be discussed. Close Full Description

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. Close Full Description

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 Close Full Description

Recent studies show that there has been a dramatic increase in impairment due to alcoholism, addiction and mental health disorders among members of the legal profession.
The Education and Outreach Coordinator from Lawyers Concerned for Lawyers will discuss the early warning signs of impairment and how best to approach impaired individuals. The LCL services that are available to lawyers, judges, their family members and law students will also be detailed. A practicing lawyer with over 40 years of experience will share his story of addiction and impairment and the role that LCL played in saving his life and restoring his place in the legal profession.
 
This program will educate the bar with scientifically based information about a disease that, if left untreated, can be fatal but with proper treatment have a good prognosis for recovery. Close Full Description

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. Close Full Description

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. Close Full Description

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." Close Full Description

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. Close Full Description

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. Close Full Description

Law firms and corporate legal departments benefit when attorneys of all backgrounds gain the skills and opportunities necessary to ascend the ranks and develop into high-performing leaders within their organizations. Ensuring that all attorneys have those opportunities requires more than just mentoring. When senior attorneys advocate on other attorneys' behalf, seek opportunities for them, and/or take an active role in their development as attorneys and leaders, the attorneys are much more likely to become high-performing leaders and to remain in their organizations.
 
Studies routinely show, however, that women in the workplace are not receiving the mentorship or sponsorship that their male colleagues receive. In the wake of widespread media reports of sexual harassment, this problem is getting worse. Research indicates that almost half of male managers are uncomfortable participating in common work activities with women, such as mentoring, working alone or socializing together. This is an enormous setback.
 
The ACBA Women's Institute for Leadership in Law (WILL) was specifically designed to help support our participants in WILL with access to a "steward." Each steward serves a vital role in helping address the critical need for mentorship, sponsorship and stewardship of our women leaders. Close Full Description

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. Close Full Description