Timed Agenda (eastern time)

9:00 am – 9:10 am – Introduction

9:10 am –11:10 am – Deal or No Deal: Ethics on Trial (ethics).

• 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
• In re Felix Anthony Dejean IV, case no. 16-DB-069 (chest bumping opposing counsel)
• In re: Michael Peterson (attorney accused of forging judges signature on order)
• Jackson v. Bank of America, case no. 16-16685 (11th Cir.) (very, very lengthy complaint)
• In re: Howard Shipley, case no. 14D2827 (U.S. Supreme Court)
• In re: Brett Klein (Judge who ordered attorneys be paid in $10 coupons to a woman’s store).
• 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)
• In re: Jamie Casino (review of attorney ads and Rule 7.1)
• Pi-Net International Inc. v. JPMorgan Chase (Attorney filed brief in excess of 14,000 words by deleting spaces).
• Board of Professional Responsibility of the Supreme Court of Tennessee v. Larry Edward Parrish, (Attorney suspended 6 months for saying judge took bribes)
• Law Society of Ontario v. Goldfinger, (attorney advertised that he had the Midas touch).
• In re Trombley, (Misused trust funds of step sister)
• In re McMillan, case no. 2016-01327 (NY Supreme Court) (Misused funds from mothers estate to the detriment of sister)
• In re Mason (Attorney hired prostitute and Rule 8.4)
• In re David Elliott, commission case no. 2018PR00056 (Attorney was dilatory in registering cars).
• 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).
• In re Swindle, (Attorney threatened to sue school for suspending kindergarten student).
• In re Hartke, case no. 15-BG-984 (2016) (Attorney suspended 6 months for sleeping during CLE class)
• In re: Pearson, case no. 15-BD-031 (Attorney sued dry cleaner 67 million for lost pants)
• Text a lawyer plans
• In re: Steele, case no. 49S00-1509-DI-527 (Indiana Supreme Court, 2015) (Gave away $150,000 retainer as spot bonuses to employees).
• In re: Kurzman (case no. A14-1416) (Insinuated witness molested boys)
• In re: Quitschau, case no. 2017PR00084 (Attorney created fake dating profile for opposing counsel)
• In re: Salvador Perricone, case no. 17-DB-016 (Louisiana) (Recommended disbarment for blog posts by prosecutor).
• In re Adams, case no. 2017AP1240 (Wisconsin) (Blogging rules to scare you)
• In re Gross, case no. 18-72-A1 (Interim suspension for attorney who gambles away money for marijuana business)
• In re Benbow, (attorney and client caught in a sex act on videotape at courtroom)
• In re Gaubert, case no. 17-DB-041 (Taxi sex leads to discipline)
• In re Horton, (judge serves jail time for throwing lavish party with campaign funds).
• 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?”)

11:10 am – 11:20 am – Break

 11:20 am–1 :00 pm – Striving to be the best of the best of the best, Sir! Leaning how to be a legal superstar from Hollywood (Professionalism (1.0 hour) and ethics (40 minutes)

• What is professionalism and how is it different than ethics?
  • Professionalism – striving to be the best of the best of the best!
  • Ethics – “Here lies a lawyer about whom no complaints were made” epithet.
  • Chief Justice Harold Clarke’s distinction
• “To my clients, I offer faithfulness, competence, diligence, and good judgment. I will strive to represent you as I would want to be represented and to be worthy of your trust.”
  • WWGPD?
• “To the opposing parties and their counsel, I offer fairness, integrity, and civility. I will seek reconciliation and, if we fail, I will strive to make our dispute a dignified one.”
• “To the courts, and other tribunals, and to those who assist them, I offer respect, candor, and courtesy. I will strive to do honor to the search for justice.”
• “To my colleagues in the practice of law, I offer concern for your welfare. I will strive to make our association a professional friendship.”
• “To the profession, I offer assistance. I will strive to keep our business a profession and our profession a calling in the spirit of public service.”
• To the public and our systems of justice, I offer service. I will strive to improve the law and our legal system, to make the law and our legal system available to all, and to seek the common good through the representation of my clients.

• State v. Lawrence – restitution for smuggling gold nuggets in his rectum
• United States v. Chris Collins – dumbest insider trading case in history!
• Fen-phen litigation – using settlement proceeds to purchase a race horse
• Bollea v. Gawker – Right to privacy of private parts
• Deflategate – the Federal Arbitration Act and Arbitrator’s award
• Cynthia Kissner and Leonard Werner v. McDonalds – a person was forced to buy quarter-pounders with cheese
• Sugawara v. Pepsico, case no. 2:08-CV-01335 (lawsuit against crunch-berries because no actual berries)
• United States v. Bishop, (Continuance sought based on eclipse)
• 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).
• Morland-Jones v. Taerk, case no. CV-12-463877 (Ontario Superior Court) (Parties needed a kindergarten teacher)
• 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).
• Nassau County v. Pericles Linardos, (Guy was fined $20,000 for chopping trees in his own yard)  

Joel is a seasoned constitutional attorney and regular speaker to attorneys and non-attorneys alike. He represented the town of Greece, New York in the landmark constitutional 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 he was part of the legal team presenting the case to the United States Supreme Court.

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 successfully represented an elementary school teacher in obtaining equal access to school facilities. Oster has defended various churches based on the Religious Land Use and Institutionalized Persons Act, against discriminatory zoning codes and regulations. Likewise, he has defended various individuals, corporations, and political committees against discriminatory and unconstitutional campaign finance regulations.

Oster earned his J.D. in 1997 from the University of Kansas School of Law. He is admitted to the bar in Kansas, Missouri, Florida, and numerous federal courts.

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 only accredited for a live program. Any post-event recordings/replays will be subject to the On-Demand fee(s). User-error technology issues do not qualify for a refund.