Lawyer Competency in the
21 Century st
Purpose and Scope: An unprecedented number of attorneys are practicing law well into their golden years. Many of these ultraexperienced attorneys are doing so without facing challenges occasionally associated with the natural process of aging. However, some long-practicing attorneys (and the legal professionals who work with them) experience issues that arise as attorneys practice into their 70’s, 80’s ,and even 90’s. This course explores legal, ethical, and professional strategies to assist attorneys to represent clients with a high standard of professional and ethical excellence for as long as they are capable of doing so. It also addresses things attorneys need to do in anticipation of death, disability, and the winding up of one’s practice of law.
LIVE Austin November 21, 2014 Texas Law Center OR WATCH from your computer via LIVE WEBCAST
MCLE CREDIT 6.75 HOURS (1.75 ETHICS)
presents
Lawyer Competency in the 21
st
Century
LIVE Austin
November 21, 2014 Texas Law Center 1414 Colorado Street Austin, TX 78701 800-204-2222 x1574 Register by November 7, 2014 and save $50!
Friday
6.75 hrs including 1.75 hrs ethics 8:00
Registration Coffee & Pastries Provided
8:50
Welcoming Remarks Course Director Scott Rothenberg, Houston Law Offices of Scott Rothenberg
9:00
Recognizing the Signs of Impairment .75 hr Dr. Glen Gabbard, Bellaire The Gabbard Center
Dr. Gabrielle Hobday, Bellaire The Gabbard Center
Attend in person
When Competency is Diminished, What Are Your Options? 1 hr (.5 ethics) • Voluntary options • Involuntary options • Temporary or permanent guardianship • Commitment Moderator Bree Buchanan, Austin Director, Texas Lawyers’ Assistance Program State Bar of Texas
9:45
— or —
watch from the comfort of your home or office via
LIVE WEBCAST
Tweet about this Course!
Panelists Darlene Payne Smith, Dallas Crain Caton & James Lisa M. Villarreal-Rios, JD, LMSW, LCDC-I, Austin Office of the Chief Disciplinary Counsel State Bar of Texas
#TBCLEcomp 2
10:45 Break 11:00 What to Do When You or Another Attorney Can No Longer Practice Law .5 hr • Active files with deadlines • Releases from clients • Correspondence • Billing • Accounting for monies in trust Claude E. Ducloux, Austin Hill Ducloux Carnes & de la Garza 11:30 Nimbleness: Managing Your Life and Law Practice in the Golden Years .5 hr • Tools and toys • The cloud • Security • State of mind and body Kenneth G. Raggio, Dallas Raggio & Raggio Family Law 12:00 Break - Lunch Provided 12:15 Luncheon Presentation: Avoiding Discrimination Against the Aging Attorney .5 hr (.25 ethics) Allan K. DuBois, San Antonio Law Office of Allan K. DuBois 12:45 Break 1:00
Mid-Life Planning for Aging Well .5 hr • Physical health • Cognitive health • Social and relationship health Mark E. Kunik, M.D., M.P.H., Houston Michael E. DeBakey VA Medical
1:30
Disciplinary and Disclosure Issues for the Impaired Attorney 1 hr ethics Moderator Sarah Patel Pacheco, Houston Crain Caton & James
Mark Your Calendar! Essentials for the General Practitioner
Panelists Randy Johnston, Dallas Johnston ◊ Tobey
Live San Antonio December 9, 2014 and
George W. Shepherd, III, Houston Shepherd Scott Clawater & Houston
Live Lubbock January 28, 2015
Stephanie Strolle, San Antonio Office of the Chief Disciplinary Counsel State Bar of Texas
2:30
Break
3:15
What Every Attorney Needs to Know About Estate Planning .5 hr Tina R. Green, Texarkana Capshaw Green
3:45 4:15
4:45
Live Austin January 13, 2015
What the Aging Attorney Needs to Know About Professional Liability Insurance (Including Tail Insurance) .5 hr David D. Disiere, Houston Martin Disiere Jefferson & Wisdom
3:00
Legal Writing to Win
Advanced Negotiation Skills Training CLE Cruise Live Carribbean Cruise January 17-24, 2015
Financial Planning for Retirement .5 hr Toby M. Eisenberg, Dallas U.S. Trust
TEXAS
Strategies for Successfully Transitioning Your Law Practice .5 hr • Succession planning • Mentoring program Rebekah Steely Brooker, Dallas Scheef & Stone
LAW CENTER
Austin
Adjourn
MCLE CREDIT
6.75 HOURS (1.75 ETHICS) MCLE COURSE NO: 901297775 Applies to the College of the State Bar of Texas. 3
fyi
TexasBarCLE.com
Meet the “Register By” Deadline and Save $50 because early registrations help us ensure that sufficient course books, seating, and refreshments are available. Course materials and seating will be reserved for preregistrants until the start of the first topic. Earn Discounts by Registering Five or More from your firm or agency. Contact Firm & Group Sales Manager Laura Angle at 512-250-5575 or laura.angle@texasbar.com. HALF OFF for Attorneys Licensed 5 Years or Less! You read that right! See the registration form. Need Financial Assistance to Attend? TexasBarCLE offers a limited number of scholarships to attend a live course, video replay, archived online class, or webcast, or to subscribe to our Online Library. To apply or to learn more, call Mon-Fri 8am-5pm CT to Sara at 800-2042222, x1490. Please apply at least four weeks prior to the CLE event. Active State, County, and Texas-Area Federal Judges, Administrative Law Judges, Hearing Examiners, and Judge’s Staff Attorneys May Attend for Free, Provided: (1) the course directly relates to the judge’s tribunal’s jurisdiction, (2) the judge is a full-time judge or retired under a judicial retirement system and (3) space is available for all paying registrants. This privilege does not extend to prosecutors, receivers, trustees, other court staff, or persons serving part-time in a judicial capacity. Actual attendance is required to receive course materials. Parking Information is subject to change without notice and is not a guarantee of available space. The Wells Fargo Bank Building at 400 W. 15th Street has parking for State Bar of Texas meetings for $10 per day. The Capitol Visitors Parking Garage on San Jacinto between 12th and 13th Streets has public parking available for a maximum daily charge of $8.
AUSTIN LIVE Texas Law Center 1414 Colorado St. Austin, TX 78701 (800) 204-2222 x1574 Not from Austin? We suggest staying Hampton Inn and Suites Austin @ The University/Capitol 1701 Lavaca Street Austin, TX 78701 512-499-8881 SBOT corporate rate number: 560034650 Doubletree Guest Suites 303 W. 15th St. 512-478-7000 SBOT corporate rate number: 0560034650 http://tinyurl.com/7wt4yba You can also visit www.austinsuites.doubletree.com and enter the corporate ID number under the ‘Add Special Rate Codes’ link. This rate is based on availability.
No hotel rooms have been blocked for this course. Room availability may be limited.
If You Need Special Accommodations to Attend, please contact us as soon as possible at 800-204-2222, x1748. Registered But Can’t Attend? Still Earn MCLE Credit and receive course materials by taking the course online later, in which case you’ll automatically be sent the course materials; see “FREE TO OUR REGISTRANTS!,” below. However, if you wish a refund instead, mail or fax (512-427-4443) your request so that we receive it at least one business day before the program. FREE TO OUR REGISTRANTS! Online Videos and MP3s of the Topics, as Well as PDFs of Course Materials, will be available to registrants 6-8 weeks after the course. Provide us your e-mail address when preregistering to be notified when and how these benefits may be accessed. (Note: Presentation lengths may vary from that which was advertised.) There’s no extra charge; as a registrant, you’re already entitled! Interested in Sponsoring or Exhibiting at This Course or Others? Contact Julie Marshall at 512-427-1797 or Julie.Marshall@texasbar.com.
Policy of Impartiality The State Bar of Texas does not endorse political candidates. When a candidate for public office is included in promotion for or participates in a TexasBarCLE event, the State Bar is not taking a position for or against anyone’s candidacy.
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Course Director Scott Rothenberg.........................................................Houston
Planning Committee Bree Buchanan............................................................... Austin Ann Foster...................................................................... Austin Tina R. Green............................................................ Texarkana Dr. Mark E. Kunik........................................................Houston Sarah Patel Pacheco.....................................................Houston
TexasBarCLE Planning Team Hedy Bower................................. Director of Program Planning Mary McDonald...................................Sr. Program Coordinator Sandra Molina............................Written Materials Coordinator Denise Steusloff...........................Meeting Services Coordinator
State Bar of Texas Trey Apffel..................................................................President Roger A. Key............................................... Chair of the Board Allan K. DuBois.................................................. President-Elect Lisa M. Tatum.................................... Immediate Past President Rebekah Steely Brooker.....................................TYLA President Deborah Bullion......................................Chair, CLE Committee Gary Nickelson..............................Chair, Board PDP Committee Michelle E. Hunter.........................................Executive Director Patrick A. Nester...................................... Director, TexasBarCLE
Registration for the Live Webcast How to Register for the Webcast
Claiming MCLE Credit
Webcast registration is only online and by using a credit card. Go to TexasBarCLE.com and click on Webcasts. Then under the listing for Lawyer Competency in the 21st Century, click Register for Webcast. Mail, fax, or phone registrations will not be accepted.
For the webcast, the MCLE number will be provided to you online at the conclusion of your viewing, along with instructions on how to claim your MCLE credit while still online.
Replaying the Webcast on Your Computer About a week after the webcast, webcast registrants will have 9-12 months to finish viewing or reviewing the program online.
Webcast Registration Fee and Course Material The fee is $195 per webcast registrant. Course materials are included as PDFs for viewing, downloading, or printing during and after the webcast. A hardcopy version may be purchased separately using this brochure’s registration form.
Registration to attend at the Texas Law Center Online
TexasBarCLE.com credit card only
REGISTER ONLINE
Phone
800-204-2222, x1574 during business hours credit card only
Register by November 7, 2014 and save up to
$75!
1
Fax
512-427-4443 credit card only
State Bar of Texas LB# 972298 P.O. Box 972298 Dallas, TX 75397-2298 check or credit card
Email Laura Angle at laura.angle@texasbar.com for group discount information.
Lawyer Competency in the 21st Century
Austin LIVE, November 21, 2014 q Regular Registrant . . . . . . . . . . . . . . . . . . $245 Take $50 OFF: Register by November 7, 2014 Registration includes coffee and pastries, lunch, as well as access to electricity.
I may attend complimentary because I am a (see p. 4): q Qualifying judge or q Judge’s staff attorney
2
I want my course materials format to be
3
I’m entitled to 1 or 2 discounts on the course:
q Hardcopy material book as well as a PDF download of same (both formats included in registration fee) q PDF download only so I’ll take $15 off
q $50 OFF because I’m registering by November 7, 2014. (If by mail, date of postmark will be determinative.) q State Bar College q Paralegal Division
4
I can’t attend. Just send course materials.* FREE Shipping & Handling
5
My total is $__________. I am paying by:
To order a discounted PDF download of course materials (available 4-6 weeks after the course), search Publications at TexasBarCLE.com..
q Hard copy course book $45 (plus sales tax; see footnote†)
q Check (enclosed) payable to the State Bar of Texas for $__________ q Visa q MasterCard q AMEX q Discover PLEASE PRINT LEGIBLY Account No.______________________________ Exp. Date________ Name on card (Please print) _________________________________________________________ Signature ________________________________________________________________________ State Bar Membership No. ___ ___ ___ ___ ___ ___ ___ ___ Registrant Name__________________________________________________________________ Firm Name/Court _________________________________________ Address for Bar-Related Mail ________________________________________________________ City/State_____________________________________ Zip________________________________ ) ___________________________ Fax (
8060
$25 OFF because (choose 1 only) I’m a member of the
To register for the webcast: Go to TexasBarCLE.com and click on Webcasts
Phone (
Registering five or more?
) ______________________________
E-Mail: __________________________________________________________________________ A confirmation of your registration will be sent to the e-mail address you provide.
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†Plus 8.25% sales tax on total. Please include sales tax or attach an exemption certificate. Book and USB orders are shipped separately and filled 4-6 weeks after the live program. A bill will be sent unless a credit card charge is authorized on this form. For information on audio CDs of course topics, contact our DVD CLE service at 800204-2222, x1575. MP3 files of topics will be downloadable from TexasBarCLE.com 6-8 weeks after the course
QUESTIONS? 800-204-2222, x1574 • 512-427-1574
THE SENIOR LAWYER–TRANSITIONING WITH DIGNITY
of helping THE SENIOR LAWYER
Approaching the Senior Lawyer
Identifying the problem (Be alert for small changes to intervene early) • • • • • • • • • •
• • • •
Denial of any problem Non functional without assistant always present Frequent irritability Changes in routine or behavioral work Deteriorating performance at work Memory decline; consistently forgetful Increasingly misplacing everyday objects Perfunctory answers Loss of control of emotions; crying at work Grievances
• • • • • • • • •
Do’s • • • • • • • • •
•
Be direct, specific, and identify the problem Speak from personal experience; state your feelings Report what you actually see Be respectful and treat the lawyer with dignity Act in a non-judgmental, non-labeling, nonaccusatory manner Offer to call the lawyer’s doctor with observations Refer for evaluation, have resources at hand Suggest alternatives; inactive status, disability leave Suggest the potential consequences; grievance investigation or disability proceedings
•
Consult TLAP at (800) 343-8527 Meet in a non confrontational manner Partner with someone the lawyer trusts Review TLAP website before the meeting for questions on having the conversation Include a witness Get the lawyer to talk; listen, not lecture While listening, add responsive and reflective comments Express concern with gentleness and respect Talk about what other people are saying Review the lawyer’s good qualities and happy memories Act with kindness, dignity, privacy; not crisis mode Be yourself, not an authority figure Suggest assessment by a specific professional and have contact information ready Offer assistance and make recommendations for a plan that provides oversight (such as a buddy system or part-time practice with co-counsel) Remember that this is a process, not a one-time event
Starters: “I am concerned about you because…” “We heave worked together a long time, so I hope you won’t think I’m interfering when I tell you I an worried about you…” “I’ve noticed you haven’t been out much lately, and am wondering if you’re okay…”
Don’ts • Ignore and do nothing • Include family, unless required • Insist if lawyer says “back off” (attempt to discuss again at a later date)
(800) 343-8527 TexasBar.com/TLAP
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