California MCLE Podcast

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Law of Bourbon Jan 24, 2022

Show notes

Bourbon is a uniquely American spirit and has played an outsized role in developing aspects of American law. Bourbon history is peppered with dramatic legal battles and legal (and illegal) innovations, whether it’s laying the foundation for trademark protections or establishing the concept of brand name in the 1800s. Brian Haara, attorney and author of Bourbon Justice: How Whiskey Law Shaped America, explains how bourbon is legally defined and explores this American whiskey’s shady past and the legal concepts “that bourbon built,” from trademark to consumer protection to truth in advertising.

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast.

Approved for 0.5 hours of General California MCLE credit.

Suspicious Clients Jan 14, 2022

Show notes

If a lawyer suspects, but does not know, that a client or potential client is seeking their services to engage in criminal activity, can they still offer legal counsel? When does a lawyer have a duty to investigate her own clients? In its Formal Opinion 491 issued in 2020, the American Bar Association addressed lawyers’ obligations to inquire further to determine whether a client may be attempting to perpetrate a crime or fraud. Professor Peter Joy, legal ethics scholar, explains the ethics rules governing the lawyer’s scope of representation. He examines the standards put forth in Opinion 491 and raises surprising questions as to whether such standards actually fit with the ethics rules as they are drafted.

How to Earn CLE Credit

Approved for 0.5 hours of Legal Ethics California MCLE credit.

Ethics and Batson – Race Discrimination in Juries Jan 05, 2022

Show notes

The Batson rule, prohibiting exclusions from jury based on race, is widely viewed as nearly impossible to enforce in practice. However, where Botson fails, do the Model Rules of Professional Conduct have anything to say?.

The United States has a long history of racial discrimination in juries. In 1875, Congress passed the Civil Rights Act which prohibited race-based discrimination in jury service. Despite the federal law, states continued to remove prospective black jurors. Over time, techniques to exclude nonwhites shifted from vague requirements for jury service to excluding jurors using peremptory challenges. Despite the landmark case Batson v. Kentucky (1986) in which the Supreme Court held that the state may not use peremptory challenges to exclude jurors solely on the basis of race, the practice persists today. Legal ethics scholar, Prof. Peter Joy, explains the Batson standard and the ways in which the framework falls short. He discusses the legal ethics of racial discrimination in jury selection and considers alternatives to peremptory challenges to combat discrimination.

How to Earn CLE Credit

Approved for 0.5 hours of Legal Ethics California MCLE credit.

The Ethical Limits of Negotiations (Part 2) Aug 30, 2021

Show notes

In negotiations, can lawyers lie to their advantage? Can lawyers ethically use bullying or threatening to benefit clients? Professor Carrie Menkel-Meadow of UC Irvine Law explores the boundaries of ethics requirements in negotiations. In part 2 of this 2-part series, Prof. Menkel-Meadow explores the tactics and behaviors permissible and impermissible, including bullying and threats, and the concept of fairness in negotiations.

How to Earn CLE Credit

Approved for 0.5 hours of General California MCLE credit.

The Ethical Limits of Negotiations Aug 23, 2021

Show notes

In negotiations, can lawyers lie to their advantage? Can lawyers ethically use bullying or threatening to benefit clients? Professor Carrie Menkel-Meadow of UC Irvine Law explores the boundaries of ethics requirements in negotiations. In part 1 of this 2-part series, she explores the rules on truthful statements, fraud, misrepresentation, and disclosure; facts versus opinions; and the tactics and behaviors permissible and impermissible in negotiations, including bluffing and puffing.

How to Earn CLE Credit

Approved for 1.25 hours of Civility California MCLE credit.

A Different Path to the Bench Dec 14, 2019

Show notes

Despite increasing numbers of minorities and women in law schools and state bars, there continues to be a lack of diversity in the judiciary. As the first female South Asian judge in New York, Judge Rajeswari talks about her unique path to the judgeship and why diversity on the bench matters.

Judge Raja Rajeswari is a judge on the New York City Criminal Court of the New York State Unified Court System. She was appointed by Mayor Bill de Blasio in April 2015 and sworn in that month. She is the first South Asian female judge to be appointed a judge to a criminal court New York City. Prior to her appointment, she served as the deputy chief of the Special Victims Unit for the Richmond County District Attorney’s Office for 4 years.

How to Earn CLE Credit

Approved for 0.5 hours of Elimination of Bias in the Legal Profession California MCLE credit.

Lawyers with Bias Nov 27, 2019

Show notes

As humans, we all hold implicit biases which create blind spots that subconsciously affect our understanding and decision-making. Such biases have continue to contribute to low diversity and inclusion rates in law. Paulette Brown, the first woman of color to serve as the president of the American Bar Association, offers concrete examples of biases at play in the legal profession, and what lawyers, firms, and companies can do to mitigate its harmful effects.

Paulette Brown is a senior partner and the Chief Diversity & Inclusion Officer at Locke Lord LLP. She is a member of the labor and employment practice group. She is a past president of the American Bar Association (ABA). Previously, she served as in-house counsel to several Fortune 500 companies and served as a Municipal Court Judge.

How to Earn CLE Credit

Approved for 0.5 hours of Implicit Bias and Bias Reducing Strategies California MCLE credit.

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