How can CLE providers give lawyers new tools for serving clients more effectively and efficiently?  Innovative on-line training can help.

ACLEA recognized The Institute of Continuing Legal Education (“ICLE”) for its work in this area with the 2019 Award of Professional Excellence in Technology for Custody, Parenting Time, and Support through Judgment and Postjudgment Custody, Parenting Time, and Support Online Training.

ICLE turned to some important adult learning principles to create its online training:

• Effective adult learning involves absorbing and understanding new information and then applying it appropriately.
• Lawyers should be able to access the right training tools at the time they are thinking about that new client problem or drafting a new document. 
• Adult learners should be able to choose where, when, and how they learn.
• Learning and training should be available in short, focused segments because this is what busy lives demand and it aligns better with how brains absorb and retain information.
• The best CLE engages the learner’s experience and expertise in the learning activity, giving lawyers an opportunity to use and build on what they already know when doing training.
• Effective CLE should use relevant stories and examples to teach new skills because more parts of the brain are engaged and learners understand and remember better when they hear a story.

To create such online training, ICLE combined new and existing technological vehicles in novel ways: Custody, Parenting Time, and Support through Judgment and Postjudgment Custody, Parenting Time, and Support Online Training allows family lawyers to master and improve their custody-related skills at their own pace, across all devices, whenever and wherever they want. ICLE combined a variety of technologies deliver carefully planned lessons with an activity tailored for each skill: short video demonstrations, videos with expert commentary, forms, charts, checklists, a decision-making branching scenario, and interactive exercises that allow lawyers to test their proficiency.

A learning management system (LMS) provides structure for the online training, tracks the lawyer’s progress, and allows easy navigation on any device. Choosing an LMS that integrates well with iMIS, ICLE’s customer relations management system, enables lawyers to use a single sign-in to access all of their ICLE resources. It also lets ICLE track each lawyer’s progress. The LMS provides a range of effective options for creating “Apply Your Knowledge” exercises that are a critical component of online skills training. Specialized branching scenario software that is mobile friendly and imports easily to the LMS adds additional interactivity. In the branching scenario, lawyers interact with a client, make decisions, and see the immediate impact on the client. Our existing resource database has tools that allow ICLE to manage, monitor, and update the forms, checklists and other resources we developed for the online training. We wove all of these pieces together with some custom coding developed in-house to provide a seamless user experience.

Some of the features that make this online training effective for adult learning and help lawyers develop new skills include:

• Structured lessons based on learning objectives and customer needs.
• A realistic case scenario with an evolving story line that begins with parents divorcing and moving across state and follows the same parents as they grapple with further typical custody and support issues. Professional actors played the client roles to make the demonstrations more realistic, absorbing and memorable.
• Simulated engagement with the hypothetical clients through a client file that builds realistically as the case develops. The client file has pleadings and memos with facts gathered from the clients to illustrate how an experienced practitioner would handle the case. Video demonstrations show attorneys gathering information, preparing client testimony, examining witnesses, and interacting with judges. A decision-making branching scenario allows lawyers to respond to videos of client questions and reactions.
• Tools that facilitate efficiency. Lawyers can maximize the efficient handling of their own cases by using the charts and checklists created as lesson resources.
• Practical insight into case strategy. Along with fact-specific pleadings drafted by experts, annotated trial briefs and witness outlines with expert commentary explain drafting decisions and providing practice pointers.
• Mock hearing demonstrations. Video demonstrations show lawyers giving opening and closing statements, examining witnesses, admitting evidence, making objections, and interacting with referees and judges. Lawyers tell us that they value seeing lawyers in action and how judges and referees respond.
• Exercises to cement skill-development. Each lesson concludes with exercises that use different fact scenarios that let lawyers compare their analysis or response with that of an expert. After responding to targeted instructions (e.g., “identify two things you would change” or “three issues you would raise with the client”), lawyers immediately compare their responses to written expert feedback that provides both a concise answer and a more detailed explanation. Lawyers using ICLE’s online training tell us this exercise and feedback part of the program is one of the most valuable aspects of their experience.

Name:                          Sigalle Barness
Organization:             Lawline
Position:                      Chief Operating Officer

PROFESSIONALLY:

1.  A Recent Professional Victory: In June of 2018, in between two maternity leaves, I was promoted to Lawline’s Chief Operating Officer. I feel extremely blessed to work for an organization that fiercely supported me through my transition to becoming a mother of two while still recognizing the hard work, dedication, and loyalty I have as a professional.

2.  Your Latest Challenge: Simplifying everything. I am a planner, a risk analyst, a problem solver, an idea generator, and a doer. This means I can also overthink, overcomplicate, or make things bigger than they sometimes need to be. Reminding myself to “simplify, simplify, simplify” has been my mantra to ensure I continue to strike the right balance between being thoughtful and being productive.

3.  In My Pre-CLE Life, I Was:  I litigated civil claims in areas such as landlord tenant, breach of contract, and tax lien and mortgage foreclosures actions. I also handled transactional matters such as drafting residential and commercial leases, demand letters, and client conflict waivers.

4.  What Brought Me to CLE:  What I found most fulfilling about being a practicing attorney were the instances where I connected with, learned from, and mentored my fellow lawyers on how to best serve their clients. I have a very curious personality and I like deep dives into different practice areas, legal concepts, and approaches to practice. When I became aware of CLE as an industry, it became clear that this was a community that fundamentally aligned with who I was and, more importantly, where I could really make a positive impact. When I found Lawline, I felt like I found a place that not only embraced the same values as I did, but also approached education with the same energy and curiosity. Seven years later, I still feel the same way!

TECHNOLOGICALLY SPEAKING:

5.  I Never Leave Home Without: My iPhone. It feels cliche but can most people say anything else? My phone has become the most powerful way for me to juggle being a mom and a professional while still providing an outlet to explore and stay current with my personal interests.

6.  My Favorite Software:

1. Work:
1. Trello: Trello has been a real turning point for the Lawline team. It increases our productivity and communication while reducing the need for meetings. Our entire company uses it and the level of transparency and alignment that it has produced has been monumental.
2. Personal:
1. Watch Me Grow (Personal): As a working parent of two babies, it is easy to feel guilty and sad that you can’t be with them all the time.  Watch Me Grow allows me to check in on my kids during the day while they are at school. I can see their meal times, nap times, and playtimes. I can see that they are happy and thriving. It doesn’t replace being there, but it does allow me to feel connected to my kids when I’m at work.
2. Spotify: Spotify is, hands down, the best platform to explore, create playlists, and share music. For example, I created an Epically Focused playlist that I listen to regularly to help me when I really need to think deeply about a project.

7.  On My Wish List: A virtual reality headset. I have always been a fan of virtual and augmented reality (I even developed Lawline CLE courses on it!) and I follow the technology closely as it advances. I’m torn between the Oculus Quest or the Playstation VR but I ultimately can’t justify buying either because life is so busy! And yes, if you haven’t picked up on it yet, I’m a nerd.

8.  Must-See Website(s):

1. Harvard Business Review - This is by far the best business and leadership content online today. It is relevant, thoughtful, critical, and impactful. I gain value from every article I read. 
2. Conde Naste Traveler - If you love to travel, this is for you!
3. My Blog - Shameless Self Promo!

PERSONALLY:

9.  Recent Good Reads:   

1. Business: 
1. Disruption Starts with Unhappy Customers, Not Technology
2. The Fast Forward Mindset
3. Is Just-In-Time Training for Lawyers a Good Business?
2. For Fun:
1. The Girl Who Dared to Think
2. Giraffes Can’t Dance

10.  Favorite Pastime: Every Saturday morning I have a dance party with my kids. We listen to everything from The Drifters to Van Morrison to Miley Cyrus and dance in the family room. I love it because I get to expose them to all different instruments, genres of music, and they learn how to use their arms, feet, and voices in ways they don’t get to normally. It is my favorite part of the week!

11.  Date(s) I Never Miss: My team members’ work anniversaries!

12.  My Dream Vacation: My dream vacation has to include a healthy mix of adventure, relaxation, indulgence, and wellness. With that in mind, I would take a 3-month trip to Japan, New Zealand, and Fiji. I would eat my weight in sushi, ramen, and Kobe steak, explore Japanese gaming technologies, and immerse myself in the city and countryside. In New Zealand, I would hike glaciers and volcanoes, scuba dive, and then geek out on a Lord of the Rings tour. Lastly, I would end the vacation with rest, relaxation, and yoga on a sandy beach in Fiji. I would bring my husband, kids, and my parents (for babysitting).

13.  Words I Live By: “Be decisive yet flexible.” Taking a position is necessary to make progress, whether in life or in business. However, I strive to embrace different perspectives so that I’m always learning better ways to approach things!

Whether you’re reading this in the new e-newsletter or on the website blog, you’re probably noticing something different. In the Loop has a new look! After years of maintaining a separate newsletter and website blog, ACLEA is bringing its two main communications channels under the same brand—and giving that brand a snazzy new design.

In the Loop:  The website blog

As part of the rebranding effort, ACLEA’s Blog will now be called In the Loop. In addition to all the quality content that has always resided on the blog, the rebrandedblog will also house the columns and articles that previously only appeared in the In the Loop newsletter. These articles will be posted on a continuous basis so that members can check in on the blog from time to time and always find new content.

In the Loop:  The e-newsletter

While the ACLEA newsletter has always been called In the Loop, it now has a new design and format.  Instead of being formatted as a PDF newsletter that is posted on the ACLEA website, the new In the Loop e-newsletter has a sleek design that features headlines and teasers that link back to the In the Loop blog, where all the content now resides. The redesigned In the Loop e-newsletter will be emailed to members every other month.

Get Involved

As always, ACLEA is hungry for member-written content to feature on the blog and in the e-newsletter. To submit content or make content suggestions, simply email me at tslating@isba.org. Also, if you’re looking for a low-commitment way to get more involved in ACLEA, the Communications Committee is always looking for new members—feel free to reach out to me to volunteer or ask any questions you might have.

I hope you like the new look for In the Loop!

Decreased In-Person Program Attendance

There are many considerations that go into making continuing professional development (“CPD”) events successful, so keeping tabs on all the trends and changes in the industry is crucial if we are to provide the most useful and effective programming possible. Of course, the most important feature of any program is having people actually show up. Unfortunately, overall attendance at in-person CPD events has been declining for a couple years now, and that trend has become even more pronounced recently in Canadian jurisdictions (and I suspect internationally as well). There are a number of potential reasons for this, to name a few:

• The convenience of on-demand CPD;
• Alternative delivery methods resulting from technological advances;
• Increased competition as improved technology allows members to attend CPD events remotely from other jurisdictions; and
• The availability of recorded versions after live CPD events.

CPD Program Topic Preferences

Statistics tell us that program content remains an important factor in CPD attendance numbers. Despite the fact that we have increasing data to show that most complaints and insurance claims faced by lawyers relate to practice management issues and other non-substantive law topics (e.g., communication, technology, time management, resilience, etc.), most members do not want to pay for that type of training. Many lawyers will acknowledge that those are all important skills for lawyers to possess; however, very few think that they need training in those areas. While free sessions still generate decent attendance, the majority of members only seem willing to pay for substantive law topics, even though “soft-skills” training is clearly an area where many lawyers have the greatest room for improvement.

What are we doing to adjust to these trends?

Live-Streaming

Typically, at the Law Society of Saskatchewan, we have delivered most of our in-person seminars in both of our two major urban centers. Starting this month, however, we are offering some in-person seminars in just one location and live-streaming it for people in other locations. Hopefully, the registration figures for each alternative will provide guidance as to where we should focus.

Of course, if it turns out that most members prefer the live-streaming option we could end up having presenters speaking to rooms with only a handful of attendees. If this is the case, it may be advisable to switch to fully remote presentations for some seminars. And, while this would reduce costs (facilities, catering, staff travel) and increase flexibility for attendees, presenters who are used to traditional seminars may not be supportive of the change which could lead to a decrease in the availability of volunteer presenters.

Adopt Other On-Demand Delivery Methods

As we see our members’ preference for on-demand CPD increase in a world where new technology is being introduced at an astronomical rate, we can (and should) be adopting new delivery methods for our CPD programming. Of course, as is the case with many things, that is easier said than done. In an ideal world, we would offer a comprehensive suite of interactive, online, on-demand programming to our members which they can work through at their convenience in an engaging and reflective manner. The challenge is the time, money and expertise it takes to develop this type of programming. In Saskatchewan, we are hoping to roll out an online, interactive course sooner than later, but at this point we have not even settled on a platform … so there is still plenty of work to do.

Reduce the Cost

No matter the industry, nothing increases demand like lowering the price. As the Law Society of Saskatchewan, we are both the governing body as well as a CPD provider, which affords us some flexibility that other CPD providers may not have. We can offer free (or discounted) CPD events related to non-substantive topics that, as a governing body we feel are important for our membership, but which don’t typically generate high attendance if we charge full price for them. Examples are topics related to indigenous cultural competency training pursuant to the Truth & Reconciliation Calls to Action; Law Society initiatives; pro bono services; equity, diversity & inclusion; working with victims of sexual violence; and the integration of internationally-trained lawyers.

Problems we face by applying this approach are that it devalues the education we provide generally, and we see members specifically waiting for the free sessions rather than registering for those they have to pay for (even if a particular paid session is more relevant to their practice). This could both further reduce the attendance at our full price sessions and result in potentially less relevant training for our members. So, although we have the flexibility to offer free (or discounted) CPD programming, we are finding that doing so may cause more harm than good in the long run.

Make Programs Mandatory

Another option available to us (because we are the governing body) is to make certain topics or specific programs mandatory. The Law Society of Saskatchewan is considering adopting an expanded definition of competence that could include areas such as cultural competency, technology skills and/or mental health & wellness training. Making these types of CPD programs mandatory would obviously result in a dramatic increase in attendance, and hopefully an increase in competence in those areas. It could be done either by prescribing specific programs or by prescribing a minimum number of hours to be accumulated in each area while allowing the members to choose among a variety of programs. However, there are always risks with forcing education on our members, the most problematic one being the risk of generating member resentment towards these important topics, or CPD generally.

Strike a Balance

Although the mandate of the Law Society of Saskatchewan CPD Department is to “fill the gaps” in member training, the gaps seem to exist with non-substantive topics, which many members are not willing to pay for. The gaps tend to exist because very few providers are interested in delivering training that does not draw a crowd. So, our challenge is striking a balance between both substantive and non-substantive topics, as well as, in person, remote and on-demand programs, in order to satisfy member preferences, while also increasing member competence and “filling the gaps”…not an insignificant task.

Every industry needs to embrace change in order to remain current, relevant, and effective—CPD is no different. It is important that we deliver programming that delivers topical and relevant information while still drawing enough members to be viable. Each of the above options includes its own set of pros and cons but the one thing we can’t afford to do is remain static.

Name: Tim Slating
Organization: Illinois State Bar Association
Position: Assistant Executive Director, Communications

1.  What did you do in your pre-CLE life and what brought you to the CLE world?

Prior to law school, I was a project manager for a construction company. After law school, I stuck around the University of Illinois, worked at a biosciences research institute, and taught a course on the law of renewable energy. I then joined the staff of the ISBA, took over responsibility for the bar’s book program, and the rest is history.

2.  How long have you been a member of ACLEA?

Ever since I started working for the bar in 2013.

3.  What do you remember from your first ACLEA meeting?

How friendly and welcoming everyone was. And meeting my bootcamp mentor Diane Morrison, who remains a dear friend.

4.  What has surprised you most about being a member of ACLEA?

How freely everyone shares their business strategies and their successes and failures.

5.  What other leadership positions(s) within ACLEA did you hold before joining the Executive Committee?

I continue to serve as the co-chair of the State & Provincial Bars SIG and as the co-chair of the Communications Committee.

6.  What motivated you to become a member of ACLEA’s Executive Committee?

I wanted to give back to the wonderful community that has given me so much.  And as a communications director, which is somewhat of a rarity in ACLEA, I felt that I was in a good position to bring a new and needed perspective to the Executive Committee.

7.  What would you tell someone who is thinking about running for a position on the ACLEA Executive Committee?

Just do it! It’s an exceptionally rewarding experience.

8.  What do you think is the most important issue facing CLE organizations today?

Finding a sustainable business model as more and more bar associations transition to a free CLE model where CLE is provided as a member benefit. If a trend emerges where mandatory bars begin to shift to voluntary bars, I think free CLE offerings will increase as they’ll be an important component of the value proposition that will need to be offered to attract members.

9.  What do you think will change about CLE in the next five years?

The proliferation of new, innovative, and online/remote delivery methods.

10.  If you weren’t involved in CLE, what do you think you would be doing instead?

Working for the ACLU or an environmental not-for-profit.

11.  What do you like to do when you aren’t working?

Go see live music, get my canoe wet, or play frisbee with my dog.

12.  Tell us one thing that the ACLEA membership should definitely know about you.

If one of my favorite bands is within a reasonable driving distance, you can guarantee that I’ll be trying to get there.