This class is a comprehensive de-briefing of the law. Starting with ethics, we review the crazy predicaments some ethically challenged attorneys have found themselves. You will have to decide based on the severity of the facts and the relevant model rule, would you take a deal for that violation. While Hollywood might not be setting the finest examples when it comes to actual morals and ethics, they do a good job of exhibiting legal ethics. We will explore the Model Rules through the eyes of Hollywood. From Hollywood, it’s not a long journey to our legal rock stars – the Nine! The Supreme Court, aka, the Real League of Justice, has been busy exerting their superhero legal powers. We will review recent landmark Supreme Court case. For example, Masterpiece Cakeshop and stale while wedding cake: discrimination or a valid excuse to skip your cousin’s wedding? Finally, we will take a countdown of the Top 10 Wacky cases. You might be surprised what you will learn about legal strategy from these headline cases.
Agenda
9:20am–9:30am – Introduction
9:30am–11:30am – Deal or No Deal: Ethics on Trial (ethics).
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Review of Model Rules 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.15, 3.3, 3.5, 3.6, 4.1, 7.1, 7.3, 8.3, 8.4
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In re: Felix Anthony Dejean IV, case no. 16-DB-069 (chest bumping opposing counsel)
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In re: Michael Peterson (attorney accused of forging judges signature on order)
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Jackson v. Bank of America, case no. 16-16685 (11th Cir.) (very, very lengthy complaint)
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In re: Howard Shipley, case no. 14D2827 (U.S. Supreme Court)
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In re: Brett Klein (Judge who ordered attorneys be paid in $10 coupons to a woman’s store).
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In re: M. Scott Vayer, 2018 NY Slip Op 02283, 160 AD3d 232 (Attorney suspended 7 years ago forgot and was suspended again for practicing law)
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In re: Jamie Casino (review of attorney ads and Rule 7.1)
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Pi-Net International Inc. v. JPMorgan Chase (Attorney filed brief in excess of 14,000 words by deleting spaces).
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Board of Professional Responsibility of the Supreme Court of Tennessee v. Larry Edward Parrish, (Attorney suspended 6 months for saying judge took bribes)
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Law Society of Ontario v. Goldfinger, (attorney advertised that he had the Midas touch).
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In re: Trombley, (Misused trust funds of step sister)
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In re: McMillan, case no. 2016-01327 (NY Supreme Court) (Misused funds from mothers estate to the detriment of sister)
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In re: Mason (Attorney hired prostitute and Rule 8.4)
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In re: David Elliott, commission case no. 2018PR00056 (Attorney was dilatory in registering cars).
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In re: Ballentine, (Suspended for 2 years for filing taxes late and a criminal conviction for offering taxable goods for sale without a valid sales tax license).
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In re: Swindle, (Attorney threatened to sue school for suspending kindergarten student).
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In re: Hartke, case no. 15-BG-984 (2016) (Attorney suspended 6 months for sleeping during CLE class)
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In re: Pearson, case no. 15-BD-031 (Attorney sued dry cleaner 67 million for lost pants)
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Text a lawyer plans
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In re: Steele, case no. 49S00-1509-DI-527 (Indiana Supreme Court, 2015) (Gave away
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$150,000 retainer as spot bonuses to employees).
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In re: Kurzman (case no. A14-1416) (Insinuated witness molested boys)
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In re: Quitschau, case no. 2017PR00084 (Attorney created fake dating profile for opposing counsel)
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In re: Salvador Perricone, case no. 17-DB-016 (Louisiana) (Recommended disbarment for blog posts by prosecutor).
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In re: Adams, case no. 2017AP1240 (Wisconsin) (Blogging rules to scare you)
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In re: Gross, case no. 18-72-A1 (Interim suspension for attorney who gambles away money for marijuana business)
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In re: Benbow, (attorney and client caught in a sex act on videotape at courtroom)
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In re: Gaubert, case no. 17-DB-041 (Taxi sex leads to discipline)
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In re: Horton, (judge serves jail time for throwing lavish party with campaign funds).
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In re: Robert Ratiner, (Childish behavior directed to opposing counsel, including throwing paper wads, threatening witness with jail time, kicked a table leg repeatedly during trial, and asked opposing counsel to remove “that large booger hanging from your nose?”)
11:30am–11:40am – Break
11:40am–01:00pm – Hollywood Professionalism (Professionalism and ethics)
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To Kill a Mockingbird (Model Rule 2.1 – Advisor)
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12 Angry Men (Model Rule 3.5 – Impartiality and Decorum of the Tribunal)
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My Cousin Vinny (Model Rule 1.1 – Competence)
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Anatomy of a Murder (Model Rule 3.3 – Candor towards the Tribunal)
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Witness for the Prosecution (Model Rule 3.8 – Special Responsibilities of a Prosecutor)
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Philadelphia (Model Rule 3.4 – Fairness to Opposing Counsel)
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Presumed Innocent (Model Rule 8.4 – Misconduct)
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And Justice for All (Model Rule 1.2 – Scope of Representation)
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As time allows, we will also cover situations depicted in Better Call Saul, L.A. Law, Suits, Boston Legal, The Good Wife, The Practice, How to Get Away with Murder, Night Court and Trial and Error.
01:00pm– 01:30pm – Lunch
01:30pm– 03:00pm – Supreme Court Review
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Iancu v. Brunetti
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Mitchell v. Wisconsin
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Clayton v. Bostock County
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Quarles v. United States
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Kisor v. Wilkie
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Return Mail v. Postal Service
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Apple v. Pepper
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National Institute of Family and Life Advocates (NIFLA) v. Becerra
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Janus v. AFSCME
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Gill v. Whitford
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Masterpiece Cakeshop v. Colorado Civil Rights Commission
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South Dakota v. Wayfair
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Collins v. Virginia
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McCoy v. Louisiana
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Murphy v. NCAA
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Hawaii v. Trump
03:00pm– 03:10pm – Break
03:10pm– 04:10pm – Top 10 Wacky Cases
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State v. Lawrence – restitution for smuggling gold nuggets in his rectum
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United States v. Chris Collins – dumbest insider trading case in history!
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Fen-phen litigation – using settlement proceeds to purchase a race horse
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Bollea v. Gawker – Right to privacy of private parts
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Deflategate – the Federal Arbitration Act and Arbitrator’s award
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Cynthia Kissner and Leonard Werner v. McDonalds – a person was forced to buy quarter-pounders with cheese
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Sugawara v. Pepsico, case no. 2:08-CV-01335 (lawsuit against crunch-berries because no actual berries)
04:10pm – 04:20pm – Break
04:20pm – 05:30pm – Top 10 Wacky Cases continued
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United States v. Bishop, (Continuance sought based on eclipse)
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In re: Subway Footlong Sandwich Marketing and Sales Practices Litigation, case no. 16-1652 (7th Cir.) (Class action setlement rejected because clients received nothing of value).
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Morland-Jones v. Taerk, case no. CV-12-463877 (Ontario Superior Court) (Parties needed a kindergarten teacher)
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Asghar v. Alon, 2018 ONSC 3342 (CanLII) (Plaintiff loses defamation case by being such a jerk that court assumes defendants statements have to be true).
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Nassau County v. Pericles Linardos, (Guy was fined $20,000 for chopping trees in his own yard)
05:25pm – The End
Speaker:Joel Oster, Comedian of Law
Joel is a seasoned litigator and regular speaker to attorneys and non-attorneys alike. He currently is in private practice in Kansas City, specializing in constitutional litigation, campaign finance, sports law and appellate advocacy. He previously served as senior counsel with Alliance Defending Freedom at its Kansas City Regional Service Center. While at ADF, he was counsel for the Town of Greece, New York in the landmark case Galloway v. Greece. Joel argued the case before the United States District Court for the Western District of New York and the Second Circuit, and was part of the legal team presenting the case to the U.S. Supreme Court where they successfully defended the Town against a challenge to its practice of opening its sessions with an invocation.
Oster regularly litigates First Amendment issues. As lead counsel in Freedom from Religion Foundation v. Obama, Oster skillfully defended the constitutionality of the National Day of Prayer against an Establishment Clause challenge. Before the U.S. Court of Appeals for the 8th Circuit, he successfully defended the right of an organization to have a pro-life specialty license plate in Missouri in Roach v. Stouffer. In Wigg v. Sioux Falls School District, he successful represented an elementary school teacher in obtaining equal access to school facilities after contract time after she was denied that right based on the viewpoint of her speech. In addition, Oster has defended various churches based on the Religious Land Use and Institutionalized Persons Act, against discriminatory zoning codes and regulations. Oster also has defended various individuals, corporations, and political committees against discriminatory and unconstitutional campaign finance regulations.
Joel has also spoken to thousands of attorneys across the United States and has learned from their successful and unsuccessful legal practices. Joel brings this practical perspective to all his seminars.
Oster earned his J.D. in 1997 from the University of Kansas School of Law. Oster is admitted to the bar in Kansas, Missouri, Florida, and numerous federal courts.
Joel is a seasoned litigator and regular speaker to attorneys and non-attorneys alike. He currently is in private practice in Kansas City, specializing in constitutional litigation, campaign finance, sports law and appellate advocacy.
A reservation is required in advance of the program. Registrants will receive a confirmation e-mail the day before the event which will contain a link to join the meeting via Zoom and attachments of the handout material and CLE activity code and instruction on how to file with the Ky Bar Association and Indiana Supreme Court.
Cancellation Policy: All cancellations must be received by the LBA 24 hours in advance to receive a credit or refund. Substitutes will be allowed. This is a LIVE program and any post-event recordings will be subject to the On-Demand fee(s). Technology issues on user end do not qualify for a refund.
