Alabama Live CLE Bundle 2024

Corporations may approach diversity, equity, and inclusion (DEI) initiatives via more analytically driven recruitment and retention efforts that employ indirect, race neutral, proxy measures to build a diverse workforce while avoiding legal challenges of discrimination. This assessment considers how anti-bias training practices and promotion policies to senior executive or board positions might satisfy measurable DEI outcomes without implementing diversity quotas or triggering an anti-DEI backlash from employees. Ultimately, the intent is to survive the strict scrutiny commands of the Equal Protection Clause and thereby avoid “pernicious stereotype[s]” or “race . . . used as a negative.”.

The challenges corporations must overcome to develop legally defensible DEI metrics and goals that satisfy the Supreme Court’s recent call for “metric[s] of meaningful representation” that are not based upon “proportional representation” or “racial balancing” while still preserving the litigation shield to claims of discrimination and attaining measurable DEI goals. This issue is timely given calls for enhanced corporate disclosure legislation in tune with the SEC’s approval in August 2021 of a diversity disclosures mandate for boards of Nasdaq-listed companies, along with the ongoing litigation challenging those rules in Alliance for Fair Board Recruitment, National Center for Public Policy Research v. SEC, 2024 U.S. App. LEXIS 3805.

Attorneys at any level who seek greater clarity on how to best serve legally mindful and socially responsible corporations that wish to prioritize progress on DEI goals without alienating segments of the workforce or engaging in mere virtue signaling. This includes preserving the litigation shield of corporate clients from claims of either discrimination based on Title VII of the Civil Rights Act of 1964 or concerns of reverse discrimination based on the Equal Protection Clause of the 14th Amendment.

Learning Objectives:

• Introduce core concepts in the diversity, equity, and inclusion DEI space such as equality versus equity, opinion or belief formation, stereotypes versus prejudice and discrimination
• Canvass recent legal developments in DEI at the federal and state levels in the educational context to the extent they are precursors of or predictors for ongoing legal developments in the corporate context
• Explore the possible reasons for inefficacy of DEI trainings and elusiveness of longitudinal goals to shift corporate culture and achieve greater diversity in the workplace
• Connect corporate social responsibility (CSR) praxis in the environmental social governance (ESG) context with DEI initiatives and illustrate the linkage between trends towards hard and soft information regulation
• Evaluate the vulnerability to discrimination litigation of corporations with ambiguous metrics and goals underlying DEI initiatives (e.g., trainings and long-term workforce diversity balancing goals)
• Assess “show and tell” disclosure requirements on corporate board diversity and whether soft information regulation of this variety is likely to move the needle on achieving DEI outcomes

Course Time Schedule:

Eastern Time: 2:00 PM - 4:00 PM
Central Time: 1:00 PM - 3:00 PM
Mountain Time: 12:00 PM - 2:00 PM
Pacific Time: 11:00 AM - 1:00 PM
Alaska Time: 10:00 AM - 12:00 PM
Hawaii-Aleutian Time: 9:00 AM - 11:00 AM

This course is also being presented on the following dates:

Friday, September 19, 2025
Friday, October 10, 2025
Saturday, October 25, 2025
Friday, November 7, 2025
Friday, November 28, 2025

This course is designed for attorneys who want to enjoy an intellectually stimulating and (perhaps) entertaining seminar on what many lawyers may deem to be a quite dull subject: "Professionalism." Even though standards for what the CLE-Mandating/Approving Authorities deem to be "Professionalism" are "aspirational" in contrast to the mandatory legal-ethics standards (i.e., the Rules of Professional Conduct), they are nevertheless quite important despite the absence of enforceability in the same way in which legal-ethics standards are enforced.

The format of this program is a blend of the lecture method with the Socratic method, extensively involving a high degree of interactive participation and critical analyses of a wide range of issues relevant to the subject of the seminar in a manner not limited to mere chronological description of particular topics and sub-topics. In other words, the content of each seminar (and the order and extent of emphasis upon particular topics and sub-topics) will be substantially influenced by the nature and extent of interactive participation regarding particular aspects thereof. Depending on the number of participants in a particular seminar, the format usually results in most, if not all, participants verbally engaging in conversational-styled interactive discussion and/or analysis of particular topics in the seminar and also permits interruptions, questions, challenges, etc. throughout the seminar. Think of collegially enjoyable and enlightening round-table discussions. It's a form of learning by thinking in the course of interactively participating rather than learning solely by listening (the latter of which is the lecture method).

This course is suitable for attorneys at any level seeking to support advocacy for the aspirational standards for "professionalism." Even attorneys deeming "professionalism" standards to be idealistic notions resting on a presumption that legal professionals are snowflakes easily melted by the heat of the adversarial system absent of what advocates of "professionalism" deem to be the refrigerating effects of civility, courtesy, collegiality, clarity, cooperativeness, and circumspection are encouraged to attend.

Learning Objectives:

• Refresh attorney common knowledge of unique aspects of the legal profession in contrast to all other professions, occupations, etc.: It's the effect of the Constitution's (and each state constitution's) vesting of "the judicial power" of the sovereign in its "Supreme Court" and its thereby incorporation of the evolutionary nature of the judiciary's common law inherent judicial power (i.e., sui generis power) to define, prescribe, and enforce educational, moral, ethical and civil standards for the practice of law and the status of lawyers as officers of the courts.
• Examine how exercising such common law inherent judicial power (sui generis power) in an adversarial system created under common law, the supreme court of the sovereign (i.e., the U.S. Supreme Court and each state supreme court) creates structural and functional tools for the administration of justice -- i.e., rules of evidence, burdens of proof, procedural rules, and regulatory control over the conduct of attorneys. 
• Review how the judiciary generally encourages lawyers to participate actively in the regulatory control over the legal profession and the conduct of lawyers individually. Therefore, each attorney must keep abreast of such disciplinary and regulatory activities and, as much as possible, actively participate (pro bono) in supporting such activities.
• Assess how and why what CLE authorities describe as "professionalism" is vital as a factor likely to increase, rather than diminish, the public's confidence in the justice system.
• Explore the variety of ways in which a variety of states (but not all states) have formally promulgated rules describing behavioral attributes of conduct by lawyers evincing "professionalism" even though a number of such states have declined to use "professionalism" as the proper description of the mode of behavior – to learn that there's no one-size-fits-all definition of such behavior. 
• Differentiate among the many duties imposed on attorneys; one of them is to apply critical analysis to all of the legal ethics standards as well as the procedural standards for their enforcement to perhaps motivate legal professionals to try harder to comply, to understand better the "spirit" (rather than merely the "letter") of such standards, and to be willing to serve on Bar committees to study (and potentially propose modifications of) such standards.

                   
Course Time Schedule:

Eastern Time: 1:00 PM - 3:00 PM
Central Time: 12:00 PM - 2:00 PM
Mountain Time: 11:00 AM - 1:00 PM
Pacific Time: 10:00 AM - 12:00 PM
Alaska Time: 9:00 AM - 11:00 AM
Hawaii-Aleutian Time: 8:00 AM - 10:00 AM

This course is also being presented on the following dates:

Wednesday, September 3, 2025
Wednesday, September 10, 2025
Wednesday, September 17, 2025
Wednesday, September 24, 2025
Wednesday, October 1, 2025

This course serves as a refresher for attorneys on avoiding basic ethical issues that may arise in their practice, from properly handling client funds to maintaining the right social media presence. Attendees will review real examples and governing rules to learn how to avoid common ethical complaints from clients.

Ethical practice is a key part of legal practice and is even strictly governed by some state bars. In the age of social media, many new ethical issues arise that attorneys may not have been equipped to navigate in law school. This course has everything from basic reminders to things practicing attorneys may have yet to consider. 

This program is ideal for attorneys in any field of law. It is specifically beneficial for attorneys who frequently interact with clients.

Learning Objectives: 

• Preserve client confidence
• Protect attorney-client privilege
• Navigate new issues created by social media, such as negative online reviews
• Properly handle client funds in either dedicated client trusts or in pooled accounts
• Avoid client complaints for lack of diligence
• Avoid client complaints for failure to communicate
• Properly handle mistakes in client interfacing
• Avoid making public or online comments about pending matters
• Stay mindful of basic ethical principles so one’s judgment is not clouded by ambition, greed, or fame
• Recognize and properly respond to mental health, substance abuse, and personal finance issues

Course Time Schedule:

Eastern Time: 11:00 AM - 12:00 PM
Central Time: 10:00 AM - 11:00 AM
Mountain Time: 9:00 AM - 10:00 AM
Pacific Time: 8:00 AM - 9:00 AM
Alaska Time: 7:00 AM - 8:00 AM
Hawaii-Aleutian Time: 6:00 AM - 7:00 AM

This course is also being presented on the following dates:

Sunday, September 14, 2025
Sunday, October 12, 2025
Sunday, October 19, 2025
Sunday, November 9, 2025
Sunday, December 7, 2025

Attorneys who encounter legal ethics problems can use this course to learn a methodology for solving them. Although no methodology is perfect, there is a methodology known by the acronym "MORALS" for solving legal-ethics problems or dilemmas. This seminar focuses on such methodology. 

The format of this course is a blend of the lecture method with the Socratic method, extensively involving a high degree of interactive participation and critical analyses of a wide range of issues relevant to the subject of the seminar in a manner not limited to mere chronological description of particular topics and sub-topics. Depending on the number of participants in a particular seminar, the format usually results in most, if not all, participants verbally engaging in conversational-styled interactive discussion and/or analysis of particular topics in the seminar and also permits interruptions, questions, challenges, etc. throughout the seminar. Think of collegially enjoyable and enlightening round-table discussions. It's a form of learning by thinking in the course of interactively participating rather than learning solely by listening (the latter of which is the lecture method).

Any attorney desiring to learn how to analyze legal ethics problems or dilemmas to maximize the likelihood of an ethically proper solution is encouraged to attend this program.

Learning Objectives: 

• Refresh what should be every lawyer's common knowledge of unique aspects of the legal profession in contrast to all other professions, occupations, etc.: It's the effect of the Constitution's (and each state constitution's) vesting of "the judicial power" of the sovereign in its "Supreme Court" and its thereby incorporation of the evolutionary nature of the judiciary's common law inherent judicial power (i.e., sui generis power) to define, prescribe, and enforce educational, moral, ethical and civil standards for the practice of law and the status of lawyers as officers of the courts
• Analyze how exercising such common law inherent judicial power (sui generis power) in an adversarial system created under common law, the supreme court of the sovereign (i.e., the U.S. Supreme Court and each state supreme court) creates structural and functional tools for the administration of justice -- i.e., rules of evidence, burdens of proof, procedural rules, and regulatory control over the conduct of attorneys
• Participate actively in regulatory control over the legal profession generally and the conduct of lawyers individually, as is generally encouraged by the judiciary. Therefore, each attorney has a duty to keep abreast of such disciplinary and regulatory activities and, as much as possible, actively participate (pro bono, of course) in and support such activities
• Maximize one's objectivity by seeking a thorough analysis of all relevant and material facts, issues, and laws when determining how to solve an ethics problem or dilemma
• Recognize intrinsic conflicts between "justice" (or what's "morally right") on the one hand and legal, ethical duties on the other and then analyze them to determine when attorneys must, or sometimes must not, implement an ethically correct solution that is a polar opposite of "justice."
• Assess the best way to prevent a legal professional’s self-interests in desiring to avoid damage to the legal professional’s standing in solving an ethical problem and the professional responsibility to derive an ethically proper solution

Course Time Schedule:

Eastern Time: 4:00 PM - 6:00 PM
Central Time: 3:00 PM - 5:00 PM
Mountain Time: 2:00 PM - 4:00 PM
Pacific Time: 1:00 PM - 3:00 PM
Alaska Time: 12:00 PM - 2:00 PM
Hawaii-Aleutian Time: 11:00 AM - 1:00 PM

This course is also being presented on the following dates:

Monday, September 8, 2025
Monday, September 15, 2025
Monday, September 22, 2025
Monday, September 29, 2025
Monday, October 6, 2025