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On the Passing of Heather Gore Liddell

Posted By Gina Roers-Liemandt, ACLEA President, Tuesday, May 30, 2023
Untitled Document

Heather Gore Liddell

Gina Roers-Liemandt, Director, MCLE and Member Professional Development, American Bar Association, and ACLEA President

Sad News

I am sorry to deliver the news that Heather Gore Liddell passed away early on the morning of Saturday May 20, 2023, in the hospital.

Heather was the Director of CLE Programs at Osgoode Professional Development and had worked at OPD since 2005. She was also an Osgoode alum.

Heather leaves her husband, Peter Liddell; her sister, Kerry Haines; her father, Craig Gore; and 2 adored nieces, Holly and Morgan. She also had an incredibly extensive network of professional colleagues, friends, and acquaintances.

There will be a celebration of Heather’s life in early June—details above.

There will be much more to say about Heather at another time, but those who knew Heather will agree that she was one of a kind. To say she will be missed is simply not adequate.

Those of you who wish to send condolences to the family prior to the service are invited to email her sister, Kerry, at kaygeeshop@gmail.com.

Tags:  Heather Gore Liddell 

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2023/2024 ACLEA Executive Committee Elections  and Procedure for Self-Nomination

Posted By Kathy Suchocki, ACLEA Secretary, Thursday, May 18, 2023
2023/2024 Elections- Call for Self Nominations

Elections will be conducted for the Executive Committee officer positions of President Elect, Treasurer, and Secretary. There will also be elections for three (3) Director positions.

As an ACLEA member in good standing, you may nominate yourself for a Director position by notifying the Executive Director of your intent to run. To be eligible, your membership dues must be current at the time of nomination. Terms are two years and will begin July 25, 2023 following the Annual Business Meeting which will be held in Minneapolis, MN.

Please send your notice of intent to run, a brief biography, and photo for inclusion on the ballot to the ACLEA office no later than midnight CDT, (UTC-5) Wednesday, June 7, 2023.

Submit Intent to Run

It is the sole responsibility of the member filing a self-nomination to assure its receipt.

Tags:  elections  Executive Committee 

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ACLEA's Annual Meeting in Minneapolis, MN: THINGS TO DO AND SEE!

Posted By Gina Roers-Liemandt, ACLEA President, Wednesday, May 17, 2023
Untitled Document

ACLEA's Annual Meeting in Minneapolis, MN: THINGS TO DO AND SEE!

Gina Roers-Liemandt, Director, MCLE and Member Professional Development, American Bar Association, and ACLEA President

ACLEA’s 59th Annual Meeting, being held July 22–25 in beautiful Minneapolis, Minnesota, is fast approaching! Be sure to register now!

As ACLEA’s current president—someone born and raised in Minnesota, who went to undergrad and law school in Minnesota, and who still calls Minnesota “home” though I’ve lived in Chicago for almost seven years now—I’m excited to be a part of this event, and I’m so grateful to be able to share this beautiful and exciting location with you all!

In addition to the terrific agenda set by our wonderful planning committee, there is so much to do, see, and experience in the “Twin Cities” of Minneapolis and St. Paul. I thought I’d highlight just a few other things that you’ll be able to search out while you’re here!

  1. When it’s officially spring and baseball season is here, there’s nothing better than heading to Target Field on a sunny day to watch the Minnesota Twins play. The Twins will play the Chicago White Sox July 21–23 and the Seattle Mariners July 24–26.
  2. The Mall of America is absolutely a must-see if you’re visiting Minnesota. It’s one of the most visited tourist attractions in the world, and it’s just 15 minutes from downtown Minneapolis. They don’t call it the Mall of America for nothing. Nine Yankee Stadiums, 43 Boeing 747s, or 347 Statues of Liberty could fit inside the mall. With over 520 stores, 50 restaurants, and a full theme park, the Mall isn’t just a shopping center, it’s a destination.
  3. One of my favorite things to do—no question—The Brave New Workshop has been putting a unique twist on theater and comedy longer than any other theater in the United States. Opening in 1958, the Brave New Workshop introduced a new style of performing. Using input from the audience and creating stories on the spot, the cast tested the limits of theater performance and created a new and exciting brand of improv entertainment that’s still going strong today. Provocative humor intersects with relatable themes to provide a one-of-a-kind show that’s sure to make you laugh. It’s funny, it’s relevant, and it pushes the boundaries just enough to keep you coming back for more. Grab your friends, get your tickets and be prepared to laugh!

    It's not the heat, it's the stupidity

    It’s summer in Minnesota; that time when we emerge from our burrows to bask in the wonder of unending road construction. It is a glorious time of cramming six months of fun into two weeks of pleasant weather. No one show could possibly encompass the limitless expectations we have for our all-too-brief vacations, so what’s the solution? A different show every night!
  4. I’m a huge fan of their lemon ricotta pancakes: An iconic Minneapolis brunch spot, Hell’s Kitchen is the place to be during brunch hours downtown. With live music, a build-your-own Bloody Mary and mimosa bar, and their signature homemade peanut butter, what’s not to love? Located in the basement of a building, the restaurant has unique décor and a rock n’ roll vibe.
  5. One of the most iconic spots in Minneapolis, First Avenue is the epicenter for live music and entertainment. The music club originally opened as the Greyhound Bus Depot in 1937 and was known for its art deco flare and modern amenities including public phones, shower rooms, and air conditioning. In 1968, the Greyhound found a new home and, in 1970, the Depot found a new focus: music. From disco and DJs to rock and punk, the music carried the club through multiple names and ownerships.
  6. The man that put Minneapolis on the map, inspired other artists, and was an international influence in the music scene is always being honored and remembered throughout the city. One of the places closest to his legacy is Paisley Park, his home and recording studio in suburban Minneapolis.

    Following the success of the movie as well as Prince’s song “Purple Rain,” Paisley Park Records was created as Prince’s record label and was funded in part by Warner Bros. Soon after was the creation of Paisley Park itself, Prince’s masterpiece and haven. He helped with the design and hoped to make an all-encompassing music venue complete with recording studios, a soundstage, clothing production, a dance studio, and office space. Many of Prince’s songs were written and produced at Paisley Park, and he was even known to host impromptu private concerts. Prince wasn’t the only one to appreciate the creative space. Artists like Stevie Wonder, James Brown, Madonna, and Aretha Franklin have recorded at Paisley Park as well. Schedule a tour and celebrate Prince’s life and his impact on both the music industry and Minneapolis.
  7. Nicollet, the “Main Street” of more than 100 years, went through renovations a few years ago, and now visitors can enjoy more than 250 new trees, wider walkways, improved signage, and public art displays that bring Nicollet to life.

    Eat, drink, and shop all along the newly designed Nicollet. Head to the Meet Minneapolis Visitor Center, where you can get your bus pass and recommendations for things to do in the city. Take a selfie with the Mary Tyler Moore statue, back in her original spot at 7th and Nicollet. Stop at Target and find out how many things you didn’t know you needed. Grab a margarita and some spicy tacos from Barrio, or make your way to Dakota Jazz Club, one of Prince’s favorite spots in Minneapolis. Or try out Brit’s Pub for lawn bowling, English pints, and bangers and mash.
  8. You can’t truly experience the beauty of Minneapolis without exploring our robust arts scene. With a history of unique theaters, venues, performances, and shows, Minneapolis is booming with creative energy. Local artists, spectators, and actors come together at the Guthrie Theater to produce classic masterpieces as well as modern works. See Into the Woods or Shane at this iconic Minneapolis venue. Check out their calendar.
  9. Dive into the Twin Cities’ rich diversity and culture at the Hmongtown Marketplace in St. Paul. What appears to be several warehouses off of Como is actually a bustling market, with an impressive variety of cuisines, produce, and traditional clothing with origins in Vietnam, Laos, and Thailand.
  10. The Somali Museum of Minnesota provides education and exposure to traditional Somali culture through more than 700 pieces of artwork as well as programs and classes. The museum’s goal is to connect different cultures and ethnicities through learning and experience. Every Friday they offer a class for ages 16–25 focused on practicing traditional Somali dance. They also offer a Somali kebed weaving class, where students learn to weave cultural mats by hand.
  11. The American Swedish Institute is a campus cultural center with a vibrant arts scene that represents the Nordic heritage and strong Swedish influence found within Minneapolis. It includes the Turnblad Mansion, former residence to a wealthy newspaper owner and publisher, and the Nelson Cultural Center, which includes art galleries, exhibits, collections, and the award-winning FIKA Café. Explore the rich history of Minneapolis and the Nordic culture that still resides here.
  12. Minnehaha Falls is one of the oldest and most striking sights in Minneapolis. The crash of the water and the cool air rising from the basin, contrasted by an urban atmosphere, makes it one of the most popular destinations in the city. Peer over the ledge from the top of the 53-foot waterfall or take the staircase down to the bottom and explore from a different angle.
  13. Como Zoo and Conservatory is the foolproof destination for a day of family fun. Open year-round, the zoo’s admission is free (although guest donation is encouraged), and it features both indoor and outdoor exhibits. From penguins to tigers, Como Zoo has a wide variety of wild animals (60+ species), as well as free educational programs and exhibits featuring their animals.
  14. The Midtown Global Market is a place of cultural exploration, culinary discovery, and ethnic unification. The international public market is home to more than 50 vendors including diverse restaurants, specialty produce and grocery items, and locally made crafts and goods. The market was created after local Latino business owners convinced the city to save the vacant Sears building and reinvent it as a place to reflect the great ethnic diversity of Minneapolis. Today, more than 1.5 million people visit the market every year.

Be sure to register now!

Tags:  ACLEA Annual Meeting  baseball  brave-new-workshop  first-avenue  mall-of-america  Minneapolis  minnesota  twin-cities 

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Telework and Your Organization

Posted By Amy Ihrke, State Bar of Arizona, State and Provincial Bars SIG, Friday, April 28, 2023
Updated: Thursday, April 27, 2023
Untitled Document

Let’s Celebrate Arab American Heritage Month!

Amy Ihrke, State Bar of Arizona, State and Provincial Bars SIG

At our State and Provincial Bar SIG luncheon at ACLEA’s mid-year meeting in New Orleans, the hot topic of discussion was telework and what offices were doing regarding remote work. The majority of our luncheon attendees had a hybrid solution in place, mostly either two or three days required in the office for all employees.

As we talked about at the luncheon, telework can provide many benefits to both employers and employees:

  • Increased flexibility and improved work-life balance: Allows employees to work from a location of their choice with more control over their schedule, allowing them to more effectively balance work and personal responsibilities and reduce stress.
  • Reduced commuting: Reduces traffic congestion and air pollution and saves employees time and money.
  • Increased productivity: Helps employees focus on their work without the distractions of the office environment. In addition, it can reduce the number of interruptions from colleagues, meetings, and other work-related activities.
  • Cost savings: Reduces costs for both employers and employees. Employers can save on office space, utilities, and other overhead costs, while employees can save on transportation, meals, and other work-related expenses.

With all of these benefits, why are many of our organizations and multinational companies like Starbucks, Amazon, and Disney starting to call employees back to the office? Telework also has some potential drawbacks:

  • Lack of social interaction: It can be isolating, which can be particularly challenging for individuals who thrive on social connections and interactions.
  • Difficult to collaborate: Telework may make it more challenging for employees to communicate effectively with colleagues, particularly for complex projects that require face-to-face interaction.
  • Blurred boundaries between work and personal life: Makes it more difficult for employees to separate their work and personal lives, leading to longer working hours and higher levels of stress.
  • Increased risk of burnout: Those blurred boundaries between work and personal life can increase the risk of burnout and stress-related health problems.
  • Deterioration of organizational culture: As Andy Jassy noted in his letter to Amazon employees, “It’s easier to learn, model, practice, and strengthen our culture when we’re in the office together most of the time and surrounded by our colleagues. … When you’re in-person, people tend to be more engaged, observant, and attuned to what’s happening in the meetings and the cultural clues being communicated.”
  • Dependence on technology: Telework relies heavily on technology, which can lead to technical problems, data breaches, and security issues.

Whether fully remote work is good or bad depends on the specific circumstances and individual preferences. In some cases, telework may be a great option for employees and employers. For example, employees who have long commutes, childcare responsibilities, or health issues may benefit from telework. Employers may benefit from reduced office space and overhead costs, increased productivity, and improved employee morale.

In other cases, however, telework may not be the best option. For example, some jobs require in--person interaction with colleagues or customers, and some employees may struggle with the lack of social interaction and the challenges of collaborating remotely.

Navigating this new post-pandemic work arena requires flexibility and open communication within our organizations in order to balance the benefits and drawbacks of telework.

Tags:  hybrid-office  office-environment  open-communication  organizational-culture  post-pandemic  post-pandemic-work  remote-work  telework 

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Let’s Celebrate Arab American Heritage Month!

Posted By Eko Owen, Texas Bar CLE, Thursday, April 27, 2023
Untitled Document

Telework and Your Organization

Eko Owen, Texas Bar CLE

April is Arab American and Arab Canadian Heritage Month, so let’s learn more about contributions people who use this label have made in North America and beyond!

People who identify as people with Arab heritage may speak any language ranging from English to Arabic and have roots in one (or many) of 22 Arabic-speaking nations in Southwest Asia and North Africa. Arab Americans make up an estimated 3.7 million of United States residents and Arab Canadians 523,000.

While Arab American Heritage Month has only been recognized since 2017, people whose heritage originates from predominantly Arabic-speaking nations in Southwest Asia and North Africa have lived on the North American continent since at least the 1700s. Whether you identify as Arab American, know someone who does, or simply want to know more about some of the people that make up Canada and the United States, read on and celebrate all the ways this group of people have been a part of North American culture and history!

There are lots of great ways to celebrate Arab American/Canadian Heritage Month, but here are a few ideas to get you started.

Books

If you’re a big reader, or have people in your life who are, here are a few reading lists we found that we think you might enjoy:

  • Fiction (including A Lebanese Blonde, Bilal’s Bread, and Towelhead)
  • History (including A Country Called Amreeka, Arab Americans in Film: From Hollywood and Egyptian stereotypes to Self-representation, and History of Arab Americans: Exploring Diverse Roots)
  • Non-Fiction (including A Quiet Revolution, Life Without a Recipe, and We Have Always Been Here)
  • Poetry (including Sand Opera, The Magic My Body Becomes, and Water & Salt)
  • Younger readers (including Barakah Beats, Halal Hot Dogs, and Silverworld)

Cooking & Food

For a lot of people, food is their first introduction into another culture. If you enjoy learning through taste, you might want to try a recipe from one of the 22 countries that Arab Americans/Canadians have heritage from:

  • Bahrain (including baid tamat, luqaimait, and samboosa)
  • Chad (including kisra, maharagwe, and peanut and squash stew)
  • Israel (including salatim, laffa, and shakshouka)
  • Palestine (including dawali, ka’ak al quds, and maqlubeh)
  • Saudi Arabia (gahwa, muttabaq, and ruz al bukhari)

Other countries you might consider trying food from include Algeria, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Palestine, Saudi Arabia, Sudan, Syria, Somalia, Tunisia, United Arab Emirates, Western Sahara, and Yemen.

Podcasts

For people who like to engage via listening, we found some podcasts you might want to give a try:

  • Arab American Psycho (Unfiltered conversations about identity, relationships, and all sorts of interesting s**t, with cool guests and occasionally a solo episode which further proves that Noor has no inner monologue.)
  • Arab American Café (A podcast by Arab Americans about America and Arabs everywhere, bringing you a unique perspective, both in English & Arabic but mostly in "Arablish." Café patrons will discuss current affairs, politics, culture, and healthcare. Your hosts are two doctors, Hassan and Mouhanad, and sometimes other friends who are just hanging out.)
  • See Something Say Something (Each week, Ahmed Ali Akbar covers everything that American Muslims are talking about right now—misrepresentation in the media, equality in the mosque, Asahd memes, and much more.)
  • The Arab American (In this podcast we dive into a number of topics on the Arab-American way of life. We dig deep into the depths of culture, government, religion, and even news to give us a better look at the surroundings of Arab-Americans and how they have managed to place themselves in a society that has essentially displaced them.)
  • The Queer Arabs (Some queer Arabs run a podcast together!)

Note: the descriptions for these podcasts are pulled directly from their Spotify pages.

These are just a few of many ways you can celebrate Arab American/Canadian Heritage Month. We encourage you to seek out other ways to celebrate that are accessible and enjoyable to you, whether that’s giving Arab American musicians a listen on your favorite audio platform, visiting your local Arab American/Canadian cultural center, or something entirely different. Regardless of which way you choose to interact, center both enjoyment and respect as you engage, and do not be afraid to ask questions and seek answers.

We hope you get to learn something new and have a fun time with it, too! Happy Arab American Heritage Month from ACLEA.

Tags:  Arab-American  Arab-American-Heritage-Month  Arab-Canadian-Heritage-Month  Arab-Heritage 

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Leading the Way: Strategies for Building Business in New Ways in CLE Organizations

Posted By Heather J Gore Liddell & Christopher Marohn, Monday, April 17, 2023
Updated: Friday, April 14, 2023
Untitled Document

Leading the Way: Strategies for Building Business in New Ways in CLE Organizations

Heather J Gore Liddell & Christopher Marohn

As the legal landscape continues to evolve, continuing legal education (CLE) organizations face new challenges in providing effective leadership to drive business growth. In today's competitive environment, CLE organizations must be agile and innovative in their approach to building business. In this blog post, we will explore strategies, resources, and common problems associated with providing leadership in CLE organizations, with a focus on building business in new ways.

One key strategy for CLE organizations to build business in new ways is to prioritize market research and customer insights. Understanding the needs and preferences of your target audience is essential in developing relevant and appealing CLE programs and services. This can be achieved through various methods such as surveys, focus groups, and data analysis. Traditional methods such as phone calls or conducting in-person, face-to-face 1:1 conversations with the potential market are also quite effective. Further, when conducting market research, many junior or transitional lawyers may not know the skills and competencies they need. Connecting with a few more senior subject matter experts will ensure all “need to know” topics are also covered in your market research. While this may be a time-consuming exercise, by collecting and analyzing data on market trends, customer feedback, and competitors' offerings, CLE organizations can identify opportunities for growth and tailor offerings to meet the evolving needs of their customers. TIP: Ensure your chosen format is accessible to those you are questioning, and that the questions are written in a clear, non-leading manner. You should also clearly communicate the time commitment participation in the survey, focus group, etc., will require.

Another important strategy is to embrace technology and innovation. Technology has transformed the way we live and work, and CLE organizations need to adapt to the digital age to remain competitive. Investing in cutting-edge learning management systems (LMS), online platforms, and other technological solutions can enable CLE organizations to deliver high-quality and convenient learning experiences to customers. This may include offering online courses, webinars, virtual conferences, and other digital offerings that provide flexibility and accessibility to busy legal professionals. Additionally, can technology, collaborative platforms, or AI be used by your team to help streamline and create efficiencies in their day-to-day work tasks? ChatGPT4 has a host of new features that could contribute—successfully—to work product. For instance, could this help write marketing copy? Provide analysis of data or the competitive landscape? For these reasons, and more, any CLE organization should not only research these as topic ideas for their programs, but for internal training as well.

In addition to technology, CLE organizations should also explore strategic partnerships and collaborations as a way to expand their business. Partnering with other organizations, such as bar associations, law firms, or legal vendors, can provide access to new markets, expertise, and resources. Collaborating with other stakeholders in the legal industry can lead to mutually beneficial relationships that may drive business growth and innovation.

Resources play a critical role in the success of CLE organizations. Ensuring that the organization has the necessary financial, human, and technological resources to execute its business strategies is essential. This may involve securing funding from sponsors or donors, recruiting and retaining top talent, and investing in infrastructure and technology to support the organization's operations. Adequate resources are key to supporting the execution of strategic initiatives and driving business growth. Over the last few years, the competitive job market and virtual on-boarding has been a challenge for many organizations, including CLE providers. While this may not be the case long-term, these are issues that will confront all senior leaders for at least the next one to three years. While it may be daunting and unclear what the right path is, leaders can only make the best decisions possible with the information they have (or best predictions based on such information). The key to success is to check in on your plan and strategies to ensure you have time to pivot and revise before it is too late. It is also important to have a succession plan in place and clearly documented processes to ensure your organization is protected, should any key staff leave.

However, there are also common problems that CLE organizations may face in providing effective leadership for business growth. One challenge is navigating the complex and changing regulatory environment. CLE organizations must stay updated on changes in accreditation requirements, compliance standards, and other regulations that impact their operations. Failure to comply with regulatory requirements can result in penalties, loss of accreditation, and reputational damage.

Another challenge is addressing the diverse needs and expectations of a multi-generational workforce. CLE organizations may have employees and customers from different generations, each with their own unique preferences and expectations for learning and professional development. Effective leadership requires understanding and accommodating these differences, such as offering a mix of traditional and digital learning formats, providing opportunities for mentorship and coaching, and fostering a positive and inclusive work culture that embraces diversity.

In conclusion, providing leadership in CLE organizations is complex and requires a strategic and innovative approach to building business in new ways, including frequent touchpoints on whether or not your strategy is “winning.” Strategies such as prioritizing market research, embracing technology and innovation, exploring strategic partnerships, and ensuring adequate resources are essential for driving business growth. However, CLE organizations must also navigate challenges such as regulatory compliance and addressing the diverse needs of a multi-generational workforce. By leveraging these strategies and resources while addressing common problems, CLE organizations can position themselves for success in today's dynamic legal landscape.

Tags:  agile  building-business  ChatGPT4  CLE  CLE-organizations  innovative  leadership  legal-landscape  technology 

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Honoring Native American Heritage Month: A Time to Listen

Posted By Lauren Sparks, Cooley LLP, ACLEA Equity, Diversity & Inclusivity Committee, Monday, November 7, 2022
Untitled Document

Honoring Native American Heritage Month: A Time to Listen

Lauren Sparks, Cooley LLP, ACLEA Equity, Diversity & Inclusivity Committee

A Brief History

November is federally recognized in the United States as National Native American Heritage Month, and has been since 1990 when a joint resolution was passed by Congress and signed into law by former President George H. W. Bush. This resolution provided the long-awaited formal recognition that Native Americans were the original inhabitants of the lands that now constitute the United States, a truth that colonial history tried in earnest to erase. November was chosen as the month to pay homage to the vast contributions of the Native American people because this month marks the end of the harvest season, a time known for celebrations of gratitude.

Later, in 2009, former President Barack Obama signed the Native American Heritage Day Resolution, designating the Friday after American Thanksgiving as Native American Heritage Day. This designation was not entirely embraced by the Native American people, with only 184 of the 567 federally recognized tribes supporting the bill. Many felt that choosing the most commercialized day of the year cheapened the honor and importance of the contributions that native citizens have made to the great nation we now share. Brian Perry, a member of the Chickasaw Nation of Oklahoma, said:

As a Native American, I feel slighted. The day after Thanksgiving? Almost an afterthought. With November being Native American Heritage Month, there are 28 other days to select from with of course Thanksgiving having its long established day to itself. Why must we take a backseat to Thanksgiving? Why not the day before Thanksgiving? . . . Are we, Native Americans, the Forgotten America? Our voices unheard. When a national civil holiday occurs that hardly anyone knows about . . . I begin to wonder.

It is true that progress has been made to decolonize representations of Native American people and history in the United States. Harmful “Indian” sports mascots are being replaced, and we no longer tolerate appropriative Halloween costumes based on deleterious stereotypes. However, this incremental step forward does not undo the centuries of violent relocation, reeducation, and cultural erasure that the Native American people have endured. We should use this month to listen to Native voices, and to increase our awareness about land acknowledgement, traditional lands and treaties, and the tribes in our areas.

Dive Deeper

Learning more about the history, experiences, cultural richness, and resiliency of indigenous peoples is at our fingertips. Indigenous people are not an unknowable feature of a bygone era; Native Americans are a vital part of our communities, workplaces, and families. Let’s center the experiences and voices of indigenous Americans and celebrate the enduring strength of the Native American people.

Join us for the ACLEA EDI Meeting — A Listening Session and Guided Group Discussion of the film Gather. Please plan to watch the film (available on Netflix) on your own.

  • Tuesday November 29th at 4:00 p.m. PT/6:00 p.m. CT/7:00 p.m. ET
  • Please RSVP here. A link to join will be provided.

Additional Resources for Native American Heritage Month

Tags:  awareness  cultural-richness  EDI-meeting  Native-American  Native-American-Heritage-Month  tribes 

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Let’s Be Civil About This: Combatting Incivility in the Legal Space

Posted By Amanda Korosi, Programming SIG Co-chair, Tuesday, October 18, 2022
Untitled Document

Let’s Be Civil About This: Combatting Incivility in the Legal Space

Shaun Salmon, VP of MCLE and Professional Development at Quimbee
Amanda Korosi, Programming SIG Co-chair

We’ve all seen it. At the grocery store, in traffic, in our workplace. Even if you’ve been living under a rock (or in pandemic-induced self-isolation), you’ve seen it on social media, recorded on an iPhone 12 secreted away beneath an airline blanket. What are we talking about here? Rudeness. Unabashed impoliteness. The general erosion of societal norms and everything you once thought was a given in terms of human behavior.

A lack of civil behavior does seem to be widespread, but as it turns out, workplace incivility is pretty bad in and of itself. “Workplace incivility has doubled over the past two decades and has an average annual impact on companies of $14,000 per employee due to loss of production and work time,” states a 2016 study published in the Journal of Applied Psychology. A fair question is certainly “What in the world is happening right now?”. In light of the statistics on workplace incivility, better questions are “How does this affect our profession?” and “What can we do about it?”.

While experts believe that the stress and discord of the Covid-19 pandemic caused a jump in incivility, it’s been on our radar in America for over a decade. In 2011, Dr. Jim Taylor wrote an article on the rise of narcissism in America for The Huffington Post. On civility and lack thereof, he writes:

Civility is about something far more important than how people comport themselves with others. Rather, civility is an expression of a fundamental understanding and respect for the laws, rules, and norms (written and implicit) that guide its citizens in understanding what is acceptable and unacceptable behavior. For a society to function, people must be willing to accept those strictures. Though still in the distance, the loss of civility is a step toward anarchy, where anything goes; you can say or do anything, regardless of the consequences.

“Regardless of the consequences” should send a chill down the spine of attorneys everywhere. At the end of the day, consequences are foundational to law. And if lawyers are not exhibiting good behavior—or facing the consequences for bad behavior—how is anyone to take the law and the legal profession seriously?

This appears to be the crux of the concern in a lot of ways. In fact, in the New York Supreme Court case Hindlin v. Prescription Songs LLC, the court stated that “at depositions, as in court, lawyers are expected to ‘advise their clients and witnesses of the proper conduct expected of them’” and “must model civility for their clients.” (citing 4C N.Y. PRAC., COMMERCIAL LITIGATION IN NEW YORK STATE COURTS § 86:16.) The court went on, “a lack of civility, good manners and common courtesy taint the image of the legal profession and, consequently, the legal system, which was created and designed to resolve differences and disputes in a civil manner.”

Rules of civility in legal practice have existed for quite some time, but they are continuously being updated to deal with the issues surfacing these days. The state of New York issued new updates in January of 2020, stating in the preamble, “As lawyers, judges, court employees and officers of the court, and as attorneys generally, we are all essential participants in the judicial process. That process cannot work effectively to serve the public unless we first treat each other with courtesy, respect and civility.” In 2022, a circuit court judge in Illinois issued a standing order on civility.

We have a lot of work to do, as a profession and, if we are being honest, as people. Where does CLE come into all of this? Some jurisdictions have already adopted a dedicated credit requirement to professionalism and/or civility, an explicit statement that this is necessary for attorneys to make a part of their continuing education:

Additionally, a special committee in Florida has proposed an increase to the professionalism requirement from one to three hours. In 2021, the California Civility Task Force proposed requiring one hour of civility training MCLE credit.

This area is ripe for creating a new space within legal education and there is, perhaps, no better time than now to call for the legal community to focus on this issue specifically. This is particularly true in light of the unprecedented hits the legal industry has taken over the last decade and a half, including a massive recession, rapidly and ever-changing technology in the workplace (and how that impacts attorneys’ duties to clients), a larger-than-ever aging population remaining in the workforce, and a global pandemic. It is no wonder incivility is increasingly common in the practice of law, but we can and should employ the myriad of ways we can collectively take action to reinforce civil behavior. Combatting incivility might start with us:

  • regulators can require it;
  • continuing legal education providers can offer it;
  • law firms and legal workplaces can include it in their internal development trainings;
  • experienced attorneys can make it part of their mentoring programs; and
  • professionals can model it.

A common theme at recent ACLEA meetings is that there is a substantial gap to be filled in new lawyer training in order to adequately prepare new and upcoming lawyers. In addition to writing briefs and attending happy hours, we should instill the aspirational ideals of being a lawyer. Perhaps then we can not only combat incivility but stop it before it starts.

Tags:  civil-behavior  civility  civility-training  pandemic  professionalism  workplace-incivility 

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Judicial Advice for Legal Educators

Posted By Gina Roers-Liemandt, ACLEA President , Friday, August 19, 2022
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ACLEA Annual Meeting Court Tour

Following a terrific conference—ACLEA’s 58th Annual Meeting in Vancouver—several attendees were privileged to get a tour of the Vancouver Law Courts from Lynett Jung and Alex Henderson of the BC Prosecution Service. In addition to the tour of the Great Hall, designed by architect Arthur Erickson and featuring the statue of Themis, the goddess of justice, ACLEA members heard from Justice Shergill, who spoke with the group and provided advice to legal educators.

Prior to her appointment to the bench, Justice Palbinder Kaur Shergill practised as a lawyer and mediator with her law firm, Shergill & Company, Trial Lawyers. She has extensive trial and appellate experience and has appeared before courts and tribunals across Canada, including the Supreme Court of Canada. Justice Shergill was appointed Queen’s Counsel in 2012 and is a recipient of the Queen’s Golden Jubilee Medal for Community Service. Regarded as a leading human rights advocate, she has been instrumental in helping shape human rights and religious accommodation law in Canada through her pro bono work as General Legal Counsel for the World Sikh Organization of Canada.

Justice Shergill was born in Punjab, India, and immigrated to Canada with her family at the age of four. She grew up in Williams Lake, BC, and received her law degree from the University of Saskatchewan. Called to the British Columbia Bar in 1991, she has held leadership positions both within and outside the legal community. She has been involved with the Cabinet of Canadians, the Trial Lawyers Association of BC, and the Canadian Bar Association. From 2002 to 2008, Justice Shergill served on the Board of Directors of the Fraser Health Authority, the largest health region in the province.

Department of Justice Canada. “Government of Canada Announces Judicial Appointments in the Province of British Columbia.” Government of Canada. June 23, 2017. https://www.canada.ca/en/department-justice/news/2017/06/government_of_canadaannouncesjudicialappointmentsintheprovinceof1.html.

Justice Shergill’s remarks included the following summarized advice:

  1. Digital literacy is essential: Justice Shergill linked the court’s ability to deliver timely decisions to the judge’s ability to review the exhibits, cases, submissions, and other materials in a timely and convenient way. She talked about the underutilization of technology to make materials searchable and portable so she can review materials and write her decisions anywhere, anytime. She described being buried in binders and binders of printed affidavits in a recent civil case. Making exhibits the original printed, filed, sworn copies makes sense and establishes the record, but ensuring that judges have materials in a digital format allows judges to read, review, and consider the materials when they have the time. Justice Shergill has noticed a lack of digital literacy among counsel and thinks that needs to change so that contested applications and trials can be decided more quickly, thereby increasing access to justice instead of slowing down the justice system.
  2. Advocacy skills and mentorship need to be prioritized: Justice Shergill noted that counsel are not getting the advocacy experience they need, and lawyers are not prioritizing watching trials or shadowing experienced counsel as a way to learn. Justice Shergill encouraged legal educators to prioritize advocacy training and endorsed the mock trial method.
  3. Good lawyers understand their clients: Justice Shergill recommended that legal educators coordinate learning events encouraging lawyers to speak to and understand their clients and their cultures. She gave an example of a recent case where counsel was in direct examination of his own client and, on the stand, repeatedly asked his client to look at the judge and give his answers directly to her. Justice Shergill recognized that the witness was actually showing her respect and deference by avoiding eye contact, as he was of Korean descent. Justice Shergill’s assessment of the witness was not adversely impacted by a lack of eye contact, and counsel should have understood his own client and the client’s personal culture, which informed his way of communicating. Justice Shergill recommended that instead of focusing on general programming about cultural trends, traditions, and customs, CLE providers should instead help lawyers realize that gaining a personal understanding of their clients and each client’s culture is best practice.

At the courthouse tour attendees also saw the testimonial accommodations equipment available in British Columbia courts helping reduce the trauma of testifying and enabling witnesses to fully communicate their evidence. Those accommodations are featured in this six-minute video: Testimonial Accommodations

Courthouse tour participants were also invited to view the BC Prosecution Service’s witness preparation videos in multiple languages: Witness Information

Tags:  ACLEA  ACLEA Annual Meeting  ACLEA President  court tour  Vancouver 

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Incoming ACLEA President Gina Roers-Liemandt’s Inaugural Thoughts

Posted By Gina Roers-Liemandt, ACLEA President, Wednesday, August 3, 2022
Updated: Friday, August 5, 2022
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Telework

As I received the gavel from Kristin Huotari, our amazing immediate past president, this past Tuesday at the ACLEA Annual Meeting, I was honored to have the time to share a few thoughts on what’s ahead this next year for me as president and ACLEA as an organization. Thanks to the many who were able to join us in person, but I want to share these thoughts with the entire membership as well.

Recently, someone I had just met asked me if I traveled a lot. My response began with, “Well I used to travel all the time but then, dot, dot, dot, and now I’m traveling again, but it’s not like before.” It dawned on me that nearly every conversation with a new person included a pre-pandemic, pandemic, and post-pandemic narrative.

The post pandemic story always described how I and my life was different. And when I listened to others, I heard the same thing. “I used to be this, then the pandemic, now I’m this.That’s true for ACLEA too. The lesson? The opportunity?

All the things that used to define us are now up for grabs. We are no longer burdened by the past—legacy work, relationships, processes, products, or notions of the future state. The old “ACLEA” is dead—the new “ACLEA” is ours for the making.

But I do want to first thank and acknowledge the ACLEA leaders, particularly the past presidents, with whom I’ve had the honor and pleasure of working for nearly 20 years and who helped me get to this place in ACLEA where I have the honor of being your president for the next year. Those presidents as I started volunteering as a speaker at conferences and webinars and joining some of the committees and task forces that work for ACLEA’s benefit, then as a leader as I chaired different SIGs and Committees, and finally through my many years on the ACLEA Executive Committee and as an officer:

  • Alix Wong, Diane Morrison, Jeanne Heaton, Una Doyle, Karen Lee, Lucas Boling, Jennifer Flynn, Vince O’Brien, and most recently and importantly, Kristin Huotari.

Kristin, too, recognized that with so much change happening around us in the world, ACLEA needed to shift and adjust. We needed to refocus and ensure that our number one priority was engaging our members to guarantee that they saw the value of membership in a meaningful way. Under her leadership, we have moved the needle tremendously and will continue to work on the projects and the priorities we determined will best support the association and you, its members.

We can continue to create, with intention, the organization we want to be. But I can’t lead this organization like I would have done in pre-pandemic times because that organization and the people and members that worked for it no longer exist.

Throughout the pandemic, we had the opportunity to see a different side of our colleagues, peers, and other ACLEA members. On every video call we saw their lives through a tiny window – the spouse, dogs, kids, paintings, unmade beds—or maybe that was just me? We saw behind the corporate and social media curtain.

Our own lives as leaders, just as chaotic, got put on the backburner while we tried to protect our staffs’ jobs and make work a positive eye of calm in the pandemic hurricane of their lives.

ACLEA’s attention, particularly this past year with Kristin as president, has been on engaging our members, and while that will continue to be the north star to which the work we do points, I want to be sure that not only are we are looking at ensuring that you find value in your membership with ACLEA, MY main goal and focus this year will be to create a sense of belonging and connectedness for each and every one of you.

After more than two years of organizational disruption, physical separation, global health and environmental crises, a renewed call for racial justice, and divisive political rhetoric, what people want most is to be a part of something bigger than themselves. Like food and shelter, belonging is a basic human need. It represents a connection with people or place. For many of us, myself especially, our connection to our work, our colleagues, and ACLEA has been a haven from chaos; a place—and a community—to belong to.

Belonging puts a focus on how members feel.

As individuals, we are craving to be part of a wider community. Some want to lead, some want to be led, but we all thrive in an environment where there is a sense of belonging, in a place where we can share our knowledge and form positive, lasting relationships.

We belong when we are:

  1. seen for our unique contributions;
  2. connected to our colleagues;
  3. supported in our daily work and career development; and
  4. proud of our organization’s values and purpose.

This starts with making clear to the entire organization—and repeating the message often—that belonging is an essential value. And the more I talk about belonging, the more aware you, our members, will be that I’m committed to helping you feel it.

One of the most important approaches to building a sense of belonging is taking note of members’ contributions and achievements. When members have knowledge of the outcomes they help to produce, they become more aware of their successes and failures, improving their ownership and future quality of their work, and connecting with the beneficiaries of their work, increasing their sense of meaningfulness as well.

Throughout the year, I plan to regularly share success stories of individuals and of the organization. I plan to increase opportunities for connection, both formal and informal, so that members may provide feedback and learn from and teach and support and recognize the contributions of one another. I will work with the Executive Committee to act on feedback where possible and inform the membership of outcomes.

Key to increasing a sense of belonging and connectedness with our members will be me being relentless. Momentum takes time and energy, and involvement requires passion. You may have heard this several times recently, but I was once described as “aggressively friendly”—and while I’m fairly certain the speaker did not mean this as a compliment, I chose to see it so. I will keep pushing and getting better. Over time I believe these efforts will pay off.

Organizational involvement often starts small, and as a member recognizes personal value from the organization, they begin to make more of a personal investment back into it. Some of you will grow to become volunteers and board members. Some never will, but many of you will at least renew every year, and occasionally take a small step to help grow and strengthen the organization.

Every member has a role. It takes engagement and connection and a sense of belonging to help you to identify and play that role. And my role this year is to be “aggressively inclusive” and assist you in finding that connection within ACLEA.

Tags:  ACLEA  ACLEA Annual Meeting  ACLEA President  change 

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