November 18, 2017

Evidence and Ethics – What to Do When Handed a Smoking Gun

Gerald Pratt photo NEWThe Colorado Rules of Professional Conduct are clear that when an attorney is in possession of client property, such as a retainer, the attorney must exercise the utmost care in safekeeping that property. However, what are the ethical guidelines to follow if the property the attorney is asked to keep safe has been used in a crime? Is it ethical for an attorney to keep safe a gun that was used in the commission of a crime?

The Rules of Professional Conduct mandate that all client dealings must be kept confidential. However, they also require that attorneys refrain from conduct involving deceit, fraud, dishonesty, or misrepresentation. How can an attorney retain confidentiality while not assisting the client in hiding a murder weapon? What is the attorney to do about the evidentiary issues that arise in this scenario?

These topics and more will be discussed on Friday, December 28, 2012 at noon. Gerald Pratt, of Pratt & Landry, will present on ethical issues involved in procuring evidence. He will give guidance on how an attorney should react when presented with a smoking gun or a compromised computer, the nuances of preserving evidence versus limiting access to evidence, and more. Please join us for this final ethics presentation of the year.

CLE Program: The Smoking Gun, the Compromised Computer, and Other Ethics Issues Involved in Procuring Evidence

This CLE presentation will take place on Friday, December 28, 2012, at 12:00 p.m. (noon). Click here to register for the live program, or click here to register for the webcast.

Can’t make the live program? Click here to order the homestudy.

Jacqueline St. Joan to Speak on “My Sisters Made of Light”

Jacqueline St. Joan has worn many hats in the Colorado legal community: practicing attorney, judge, and law professor. During a legal career dedicated to domestic violence law reform, her numerous contributions have included being the first presiding judge in the Denver Protective Orders Court and cofounding Project Safeguard. Most recently, Ms. St. Joan has turned her talents to writing, culminating with her first novel, My Sisters Made of Light. The book was an immediate success, gaining recognition as a finalist for the Colorado Book Awards in the Literary Fiction category and as a book of the month by the American Association of University Women. My Sisters Made of Light is a fictional chronicle of social, political, and religious life in Pakistan. In a review of the book, the reviewer wrote:

Traversing the diversity of Pakistan’s distinct cultures and classes, My Sisters Made of Light successfully weaves past and present, foreign and familiar, and personal and political to create a compelling account of the devastating suffering and extraordinary heroism that exists in ordinary lives. In addition to vividly illustrating the risks and successes of human rights activism in Pakistan, My Sisters Made of Light depicts the heart-wrenching complexities that rest at the core of familial allegiances and alienation.

You can also find more information at Mysistersmadeoflight.com and jacquelinestjoan.com. As part of the Literary Lawyers series, Ms. St. Joan will discuss her book at the CBA-CLE offices on November 26, 2012. Her presentation will tackle such complex issues as Shariah courts, honor crimes, and Pakistan’s legal system. Join her live or via the live webcast.

CLE Program: My Sisters Made of Light with Jacqueline St. Joan (A Literary Lawyers Program)

This CLE presentation will take place on Monday, November 26, at 12:00 p.m. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: MP3 audio download or Video On-Demand.

Wal-Mart v. Dukes: Reshaping Class Certification

When it issued its decision in Wal-Mart Stores, Inc. v. Dukes, the Supreme Court did much more than simply end one of the largest class action suits in American history. It also set a host of new ground rules for federal courts to evaluate class certification, both in employment discrimination cases and in other types of class actions.

You may have already read some discussion and analysis of the case here at Legal Connection, thanks to one of our Featured Bloggers, Paul Karlsgodt.

Now you can join Mr. Karlsgodt and Todd McNamara on July 12 when they present a program on the case, “Wal-Mart v. Dukes: Reshaping Class Certification.”

This program will discuss the significant potential impacts of this landmark decision on a number of issues, including:

  1. Evaluation of merits issues at the class certification stage;
  2. The potentially broadened scope of the commonality element of FRCP 23(a);
  3. The standards for evaluating expert testimony at the class certification stage;
  4. The threshold standard needed to establish “common proof” of an employment or other business practice;
  5. The use of statistical evidence in support of class certification; and
  6. The standards for adjudicating claims for monetary relief under FRCP 23(b)(2).

The program will examine what the Court had to say about these and other topics, and will also explore the questions that remain unanswered following the decision.

For more information about the case and its ramifications on the legal landscape and your own legal practice, join us for this one-hour CLE program on Tuesday, July 12, “Wal-Mart v. Dukes: Reshaping Class Certification,” presented by Paul G. Karlsgodt, Esq. and Todd J. McNamara, Esq.

CLE Program: Wal-Mart v. Dukes: Reshaping Class Certification

This CLE presentation will take place on Tuesday, July 12, at 8:30 am. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.