Section CLE Publications

To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx.

To view Criminal Justice CLE Programs, click here.

2008 Hot Topics in Criminal Law (Criminal Justice Section Annual Meeting)

Abstract: N.C. Case Law Update ... Federal Case Law Update ... "Innocence Reforms" in Action: North Carolina's New Lineup and Recordation Laws ... Form 8300: Staying on the Good Side of the IRS ... Ethics: The Criminal Tail May Wag the Dog: A Practical Checklist for Resolving Civil Settlements with Potential Criminal Overtones ... Professional Responsibility: Six "Cs" for the North Carolina Criminal Defense Attorney (Competence, Conflicts, Control, Confidentiality, Communication, Candor) ... Criminal Litigation in the Electronic Age ... Hot DWI Topics ... *Click below on "view TOC" to search the Table of Contents*

2009 White Collar Crime Spring Program and 2nd Annual Criminal Justice Awards

Abstract: "The Secrets of Effective Communication" ... Indemnification and Advancement of Fees in White Collar Matters ... Panel on Privilege Waivers, Filip Memorandum, Joint Defense Agreements ... Parallel Investigations and the Federal Perspective on White Collar Investigations ... Federal Civil Health Care Fraud ... State Medicaid Fraud

An Ounce of Prevention is Worth a Pound of Cure (2008 Ethics/Professionalism and Substance Abuse Awareness)

Abstract: Why Gamble With Your Career? ... Dealing with Gambling and Other Addictions ... The Impaired Lawyer's Impact on the Law Firm (Learn to identify the types of impairment that affect attorneys; Recognize and be able to document objective symptoms of impairment; Appreciate the impact an impaired professional has on his/her employer, colleagues, and clients; Evaluate risks of ignoring impairment including financial and ethical repercussions) ... The Disciplinary Process after a Lawyer is Found to be Impaired (What are the steps in the disciplinary process taken by the NC State Bar after a lawyer's ability to practice law is impaired by substance abuse and/or chemical addiction?) ... *Click below on "view TOC" to search the Table of Contents*

Anatomy of a Hoax: Prosecutorial Misconduct and the Duke Lacrosse Cases

Abstract: Overview of Duke Lacrosse Cases: Evidence, Lineups and DNA ... Dealing with the Media, the Mob and Truth: Organizing an Effective Public Defense in the Era of the Internet ... Lessons Learned: Why the Prosecution Failed and What It Means for the System ... This publication is a comprehensive overview and discussion of the Duke Lacrosse prosecutions. Presented by the lead attorneys for each of the Defendants, the publication explores the evidence in the case, the actions of the District Attorney, how the Defense organized itself to respond to the initial media and public attacks, analyzes why the prosecution ultimately failed, and includes a panel discussion on the implications of this case for the future. ... *Click below on "view TOC" to search the Table of Contents*

Critical Terms in Criminal Proceedings in Spanish and English (2006) First Edition

Abstract: This handy, travel-sized book offers a fast way to locate the terms you need to represent your Spanish-speaking clients and guide them through the often confusing criminal justice system. An essential resource for lawyers, interpreters and clients, it address 110 terms commonly used in criminal and traffic proceedings, offers a quick method for finding those terms and translated definitions, and provides plain-language term descriptions in both Spanish and English to explain the intricacies of N.C. criminal law. Following the general procedure from issuance of a complaint to verdict, sentencing and appeal, terms are listed in chronological order, as they typically occur during the criminal process. Includes examples of specific crimes, crimes against the person, property crimes, drug-related crimes, misc. crimes, as well as terms related to traffic offenses. Contains critical information every practitioner must know before handling a case for any non-citizen, such as how crimes are classified and how immigration consequences should be factored into plea strategies. Useful Websites for practitioners handling Latino clients, as well as a community resources section for the Hispanic community (by state and by county) and indices in both Spanish and English complete the book. Developed by the NCBA Hispanic/Latino Lawyers Committee. (Spiral bound)

Data Security and Privacy in the Age of Smartphones and Social Networking (Antitrust and Trade Regulation Section Annual Meeting)

Abstract: Data Security and Breach Notification: What Businesses Should Do to Keep Data Secure and What They Should Do When They Fail (Emerging standards for data security, FTC rules and decisions, court decisions and industry standards and Breach notification laws in NC) ... Workplace Privacy: How Do Computers and Employment Mix? (Google and Facebook; Monitoring employees' e-mails, blogs, "twitters" and GPS positions; Developing computer use policies and customers' and employees' privacy) ... Identity Theft and Computer Crimes: Federal and State Prosecutors Bring You News from the Frontline (Hacking, phishing and spoofing; Recent identity theft and computer crime laws) ... Online Privacy and E-Marketing: Avoiding the Sharks While Surfing the Web (Spam and telemarketing; Targeted advertising; marketing to children; liability of bloggers and commenters) ... Practical Aspects of Privacy and Confidentiality in Litigation (HIPAA and Gramm-Leach-Bliley) ... Practical Aspects of Privacy and Confidentiality in Transactions (Evaluating risks related to private information during due diligence; Handling issues related to privacy and data in drafting the contract and Dealing with private information when putting the transaction into effect)

DNA and the Duke Lacrosse Case: Lessons Learned & Uses in the Courtroom

Abstract: This audio CD helps lawyers view complex DNA cases in a new light. Attorneys do not have to "give up" when they hear the word MATCH. Instead, they should remember that DNA stands for DO NOT ACCEPT at face value. This audio CD looks at the DNA evidence in the Duke Lacrosse case and compares the evidence in that case with evidence in other DNA cases. The audio CD offers practical tips on reviewing complex data generated in DNA cases, discusses the importance of the proper collection and preservation of DNA evidence, discusses the likelihood and ways DNA evidence is subject to contamination, and outlines specific ways to cross-examine DNA experts.

Effective Lawyering in a Complex World

Abstract: Substance Abuse: Real Stories (An estimated one-third of all attorneys suffer from depression and/or alcohol or drug addiction, at a rate two to three times higher than the general population. The implications for lawyers, loved ones, our clients and the profession are obvious.) ... 10 Practice Management Tips for Effective Lawyering (10 practical, ready-to-implement technology, management and marketing tips to increase your effectiveness and gain more control.) ... Peak Performance and Complex Lives (Reduce stress, while achieving and maintaining peak performance in the complex, demanding life. Practical techniques you can apply immediately to increase your productivity, effectiveness and satisfaction.) ... Dealing with Diversity Within Your Law Office (Understanding some general traits that employees in different age groups tend to share. Review of the main values and approaches to work of the four generations in your workplace and discuss strategies and techniques to better meet the needs of the different generations as well as minimize workplace conflict.) ... The True Professional in a Challenging World (The professional heritage of lawyers and how that heritage is being challenged by the pressures of our 21st century world.) ... *Click below on "view TOC" to search the Table of Contents*

Elements of Civil Causes of Action in North Carolina, Douglas Scott MacGregor, Esq and Alyssa Rosen,Esq *NEW RELEASE

Abstract: Elements of Civil Causes of Action breaks down over 35 of the most common North Carolina civil causes of action into their component parts. Chapters are organized alphabetically by cause of action and are heavily annotated with pertinent citations to controlling authority, so that what you get is the very essence of current North Carolina law in a concise and convenient format which will save you hours of research time. Douglas MacGregor has authored over 25 books including "Elements of Civil Causes of Action in South Carolina" and "Colorado Causes of Action." Alyssa Rosen has authored two similar publications, "Colorado Causes of Action" and "Labor and Employment Law Resources on the Internet, 2002." Paperback, 560 pages

Financial Crisis Audio CD Series: Getting Under the TARP (Troubled Asset Relief Program): Selling Toxic Assets to the Gov & Gov Purchases of Stock

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part series will provide you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation.vernment and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt ; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much moret on interest on reserves; Much more.

Financial Crisis Audio Cd Series: Housing Market: Fannie, Freddie and Foreclosure Abatement

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provide you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 4 topics include: New underwriting standards for conforming loans; What Fannie and Freddie will buy from banks and will not; Foreclosure mitigation efforts under the bailout legislation; New residential loan servicing standards; New housing goals: The New Fannie and Freddie.

Financial Crisis Audio CD Series: Impact of the Credit Crisis on Banking Regulations: New Rules of the Road

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much more.

Financial Crisis Audio CD Series: Understanding the Bailout: An Overview of Sprawling Changes to Banking, Accounting and Real Estate

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 1 topics include: Background of crisis: Collapse of the housing market, growth of collateralized debt obligations, and rising defaults; Congressional Action: Detailed review of Emergency Economic Stabilization Act of 2008; Federal Reserve Activity: interest rates, new lending facilities, commercial paper intervention, loans to industry; SEC Activity: rules changes and enforcement activity; Recapitalization of banks across the nation.

Financial Crisis FOUR Audio CD Series Package - The Bailout, TARP, Banking Regulations and the Housing Market

Follow the Yellow Brick Road: A Guide for Attorneys in Dual Jurisdiction Cases (2009 Juvenile Justice and Children's Rights Section Annual Meeting)

Abstract: Somewhere Over the Rainbow: Integration and Collaboration Between the Juvenile Justice and Child Welfare Systems (Child welfare issues (abuse and neglect) and delinquent behavior; Full system integration to service collaboration) ... If I Only Had a Brain: Understanding the Adolescent Mind ... "Toto, I've a Feeling We're Not in Kansas Anymore!" When a Delinquency Case Becomes an Abuse/Neglect/Dependency Case (Key differences between the two; Ethical and practical considerations; Placing a child in the custody of DSS during a delinquency proceeding) ... Lions, and Tigers, and Bears! Oh, My! How to Overcome Obstacles in Finding Services for Adolescents (Meeting the educational needs; Accessing substance abuse/mental health services) ... "What Have They Got That I Ain't Got? Courage!" Changing the system at the Local Level ... "Don't Be Silly, Toto. Scarecrows Don't Talk" ... Promoting Attorney-Client Communication We're Off to See the Wizard: Ethical and Practical Answers to Common Dilemmas in Delinquency and Child Welfare Cases (The defense attorney's options and obligations; Interaction between the juvenile's defense attorney and GAL/Attorney Advocate; Role of the parties in a dual jurisdiction hearing.)

High Profile Cases in NC: Constitutional, Ethical and Strategic Implications (12th Constitutional Rights & Responsibilities Section Annual Meeting)

Abstract: High-Profile Trials in North Carolina -- A Brief History ... High-Profile Juries: Considerations and Strategies (Jury selection, including use of jury questionnaires, voir dire, Motions for change of venue and/or special venire, Jury sequestration, Post-verdict contact with jurors, etc) ... Special Ethical Issues in High-Profile Cases (Discussion of ethical issues relating to public commentary and publicity by or about parties, counsel, witnesses, etc., including attempts to influence or manipulate news coverage, Responding to statements by opposing parties or counsel, Press conferences and interviews before, during and after trial) ... Cameras in and Around the Courtroom (Discussion of the history of camera coverage of trials, The constitutional issues underlying camera coverage, The evolution of Rule 15 of the General Rules of Practice, Post-verdict interviews of jurors and trial participants, press conferences by counsel, etc.) ... How New Media are Changing the Definition of High Profile ... When the Media Become Trial Participants (Discussion of gag orders and court closures, Reporter's subpoenas, "Shield laws," etc) ... *Click below on "view TOC" to search the Table of Contents*

Information Security for Lawyers and Law Firms

Abstract: Written for lawyers and lawfirms, this book provides sound advice and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day. Content includes: The ethical duties of lawyers relating to securing their electronic information; How a small lawfirm can have reliable security; What are worms, Trojans, spyware, malware, spiders, key loggers and their implications; Is it safe to use wireless technology for the delivery of legal services; In large firms, what information security duties can be delegated; How lawyers and other law firm personnel can be trained in information security.

Light and Life at the End of the Tunnel: Resources to Aid Lawyers to Live Better Lives

Abstract: Unique Psychological Problems Facing Lawyers (BarCARES: Private health providers, Human Resource Consultants, BarCARES counseling and BarCARES counseling) ... Responding Effectively to the Challenges Presented by an Impaired Colleague in Light of our Duty to Each Other, the Profession, and the Public ... Recovering from Debilitating Mental Conditions or Addictions ... Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment ... On the 'Broken' Road of Recovery with the Next Generation ... How the State Bar Processes Impaired Lawyer Cases ... Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves (Adhering to the commonly accepted standards of Professionalism; teaching good legal "judgment"; building trust and accountability systematically in your law firm through higher expectations of professionalism) ... The Firm's Response to the Impaired Lawyer (Statistics on the problem of the dissatisfied or impaired lawyer; addiction and mental illness in the workplace; charting an ethical, businesslike and moral course) ... *Click below on "view TOC" to search the Table of Contents*

Making Your Case: The Art of Persuading Judges by Antonin Scalia and Bryan A. Garner

Abstract: In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

NCBA 2009 Annual Review

Abstract: n/a

No Bones About It: Animal Law in North Carolina

Abstract: Introduction, History and Evolution of Animal Law (Gain insight into the parallels between prior civil rights movements and the current animal law evolution; see where animals reside in our current system; and learn about the cruelty laws that already exist to protect animals: Prior Civil Rights Movements analyzed in light of the current animal law trends, Animals as property, Emotional damages for your companion animal?, Criminal Cruelty) ... Civil Remedies for the Protection and Humane Treatment of Animals (When the criminal laws aren't enough learn what civil remedies exist to ensure protection of animals and how to use them. Also discover regulations regarding the mandatory hold periods on stray animals in the local shelters: General Statute 19A (1-4) Protection of Animals, Shelter dealings, Holding animals, When animals can legally be euthanized, Adoption options) ... Laws Involving Dangerous Dogs and Public Health/Rabies (A discussion of State and local laws regarding rabies and dangerous dogs, with a particular emphasis on the role of state and local governments in enforcing those laws: Overview of North Carolina law, Discussion of variations of county ordinances, Hot topics for local governments in administration and enforcement) ... *Click below on "view TOC" to search the Table of Contents*

Representing White Collar Defendants

Abstract: Pre-Indictment and Grand Jury Practice ... Dealing with Simultaneous Criminal, Civil and Administrative Proceedings ... Prosecutorial Perspectives from the AUSA's and their Criminal ... Motions Practice in White Collar Cases ... Representing Individuals and Organizations with the Sentencing Guidelines in Mind ... Trial Issues Roundtable ... *Click below on "view TOC" to search the Table of Contents*

Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A Fresh View of Professionalism)

Abstract: Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A fresh perspective on the definition of "professionalism" in the context of the modern practice of law. What is professionalism?; What are the causes and consequences of the crisis in professionalism?; Do lawyers have a public responsibility as intermediaries between the people and the law?; Can lawyers make money, have fun and do good, all at the same time?) ... Jam Session: NC Lawyers' Response (Do lawyers need a fresh view of professionalism? What can North Carolina lawyers learn from rock and roll?) ... "One Bourbon, One Scotch, and One Beer" and "Manic Depression" Are Not Just Song Titles: Recognizing and Managing Substance Abuse and Mental Health Problems in the Legal Profession (How does the crisis in professionalism affect lawyers on a personal and individual level? What is its role in causing mental health problems, depression and substance abuse?: Causes of depression and other mental health problems; Causes and nature of substance abuse as problem for lawyers; Strategies for preventing these problems through rebalancing your life and finding new meaning in your work) ... *Click "view TOC" below to search the Table of Contents*

Separate Yourself from the Rest: What You Must Know to be a More Effective Advocate Criminal Trial Lawyer in 2008 (2007 Criminal Justice Sec Ann Mtg)

Abstract: Joint Representation of Criminal Defendants (Practical considerations for representing multiple defendants, North Carolina ethics opinions & federal rule 44 hearings, Fee agreements & waivers) ... Federal Case Law Update ... NC Case Law Update ... Risky Business: Preparing Your Client to Testify ... The Science/Junk Science of Firearms and Toolmark Identification (What is firearms and toolmark identification? The scientific problems with firearms and toolmark identification. How to mount a successful admissibility challenge.) ... Closing Arguments: Telling the Story ... Immigration Consequence in Criminal Cases ... *Click below on "view TOC" to search the Table of Contents*

Spanglish: Bridging the Legal Language Gap for Hispanic and Latino Clients

Abstract: Using Interpreters in NC Courtrooms (the registry process, testing, and certification of NC courtroom interpreters as well as ethical issues that arise, new policies and procedures which went into effect Feb 1, 2007) ... Title VI Issues (how to use Title VI to improve police and criminal justice system interactions with LEP clients (limited English proficient), what Title VI requires minimally and what is being done regarding standard operating procedures for Mirandizing, Intoxilyzing and interrogating LEP suspects in NC) ... Effective Representation of Hispanic Workers' Comp Claimants (the application of established workers' comp law to cases involving Hispanic claimants as well as rules and laws unique to Hispanic claimants) ... Immigration Raids on Employers: What You Need to Know and Other Hot Topics ... The Things They Never Taught You in Law School: Using Your Law Degree to Benefit the Hispanic/Latino Communities ... Everything You Wanted to Know About DMV Law But Were Afraid To Ask: DMV Issues Encountered within Hispanic and Latino Communities (Issues regarding recent legislation by the G.A. has closed the loophole allowing undocumented residents who have individual tax payer id numbers to obtain valid NC licenses) ... *Click below on "view TOC" to search the Table of Contents*

The Cybersleuth's Guide to the Internet

Abstract: Much information once only available to professional researchers from expensive sources is now available for free on the Internet, if you know how to find it. This book will show you how to be a cyber-detective and unearth this information FREE (or at low cost!) on the Web. Also included is Levitt and Rosch's North Carolina-specific resource guide on CD. Fully bookmarked and searchable, the CD makes conducting Internet-based N.C. legal research a snap! The book includes examples based on real world research scenarios. Whether you're just starting to use the Internet for serious research or you're a seasoned online research veteran, this book can help you find what you're looking for fast and free. Learn how to use the same tools as skip tracers & private investigators. Find out How to Dig Up "Dirt" About Anyone; Uncover Information to Attack Someone's Credibility; Seek out the Smoking Gun; Mine the Web for Missing People; Discover Addresses (Home and Email); Find Phone Numbers (Even Cellular); Locate Aliases, Employer's Name; Glean Personal Information; Unearth Property Records; Access Public Records. Find free legal research like Full-Text Case Law Databases; Elusive Government Documents; Federal, State and Local Primary Law; Secondary Legal Resources (law review articles, legal news, etc.); Legal Practice Materials and more! (290 page soft cover)

The Electronic Evidence and Discovery Handbook Second Edition

Abstract: E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. The accompanying CD-ROM features over 70 forms in Word format. Also included is an extensive electronic evidence case digest with over 200 cases summarized!

The Lawyer's Guide to Fact Finding on the Internet, Third Edition

Abstract: The most user-friendly Internet research book available for legal professionals today. A complete hands-on guide that shares the secrets, shortcuts, and realities of conducting fact finding on the Internet. Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, trial presentations, medical research, gathering competitive intelligence, finding expert witnesses, fact checking of all kinds. Includes information on browsers, search engines, Weblogs, library databases, public records. Includes CD of all links mentioned in book. Select relevant research sources; Access subjects guides, newsgroups, and listserves; Find experts; Research companies, public records; Conduct medical, statistical, international research. Icon system immediately identifies free & free-with-registration sites, pay sites; practical tips & advice on using specific sites; an easy-to-use topical structure, organized the way lawyers think, starting with the best sites first; over 150 screen shots of Web sites; and over 700 pages of factual categories & updated URLs. Stop wasting time on the Internet, and make the Internet work for you! With purchase receive free subscription to bi-monthly e-mail newsletter updating the book: A $99 value.

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