CLE Program

The vast majority of appellate decisions are formed without presentation of oral argument. This makes the strength of the written argument all the more crucial. In this hour program, a retired appellate justice, a justice pro tem, and a senior appellate court attorney will discuss:

1. An overview of appellate writ procedure
2. The trial judge’s response to appellate writs and the types of orders the appellate court can issue
3. How appellate writ petitions are assigned and evaluated in the court of appeal

This panel will be an engaging discussion with current and retired judges discussing their current perspectives in employment cases, trends since COVID-19 has altered the procedural and substantive landscapes of employment law, the logistical nuances that have developed since, and general takeaways on best practices in employment litigation.

Learn from the best! Join Judges Sabraw and Herbert for their tips and tricks to use at your next mediation. Learn how to meet, and indeed exceed, great expectations for success, including how to incorporate the changes of the last few years and how they can be used to your benefit.

California Courts publish over 500 new civil cases every year, and many create significant changes in the law. Mediators Monty McIntyre and Mike Roberts will discuss important new California cases published in 2022 in several areas including arbitration, attorney fees, civil procedure, employment, insurance, real property and torts.

Join us on Wednesday, June 28 at 12:30 pm via Zoom for the next installment of Bench Stories, featuring Chief Justice Tani Cantil-Sakauye (Ret.).

Chief Justice Tani Cantil-Sakauye (Ret.) joins ADR Services, Inc. after an impressive judiciary career marked by extraordinary leadership and trailblazing initiatives. As the former leader of California’s judicial branch of government and chair of the Judicial Council, Chief Justice Cantil-Sakauye (Ret.) managed to successfully steer the court through two massive crises — the Great Recession and the COVID-19 pandemic, all the while fostering a culture of collaboration and collegiality on the bench, improving access to justice, and educating the public on the importance of the 3rd branch of government. Chief Justice Cantil-Sakauye (Ret.) made history and became the first woman of color, the first Asian-Filipina American and the second woman to serve as the state’s Chief Justice.

During her twelve remarkable years at the helm of the state’s Supreme Court, Chief Justice Cantil-Sakauye (Ret.) emerged as one of the country’s leading advocates for equal access to justice, transparency, and the reform of state court funding models that unfairly impact low-income individuals. The Chief Justice was a leader in revitalizing civic learning through her Power of Democracy initiative, which was developed to inform the public about how the courts, both federal and state, play a key role in the state government. In an effort to improve transparency, when she became Chief Justice, she opened meetings of the Judicial Council and its advisory bodies that were once closed to the public and made public comment more accessible.

The program will be a panel discussion focused on understanding and applying DEI (diversity, equity, and inclusion) principles in mediation and other negotiated forms of settlement. In addition, the speakers will discuss how diversity, equity, and inclusion make for a better, more effective mediation.

Marvin claims arise in the litigation of legal disputes arising from cohabitation or non-marital relationships. Unlike dissolution actions in family law court, Marvin claims are litigated in civil court, and require careful consideration of the evidence of an alleged contractual relationship between the parties. In this program, three speakers – a neutral mediator, with judicial experience in both the civil and family law courts, and two experienced litigators – will discuss the different legal theories, pleading requirements, and discovery issues that arise in Marvin actions. The panel will also offer insight into key issues to watch out for in bringing and defending Marvin actions.

This webinar presentation will delve into the intricacies of effective mediation strategies, equipping attendees with valuable knowledge and practical insights. The session will address the following key areas:

When to mediate & how to propose mediation to opposing counsel:
Understanding the optimal timing for initiating mediation is crucial for maximizing its potential benefits. Participants will learn the factors to consider when determining the right moment to propose mediation, as well as effective techniques for approaching opposing counsel to suggest this alternative dispute resolution method.

Briefing & document preparation – what you need to get and when:
Preparation is key to a successful mediation process. This segment will provide a comprehensive overview of the essential documents and information required to prepare for mediation.

Pre-mediation calls:
Pre-mediation communication plays a vital role in setting the stage for productive negotiations. This section will focus on the significance of pre-mediation calls and provide practical guidance on how to conduct them effectively. Participants will learn how to establish rapport with their mediator, manage expectations, and gather crucial information to inform their negotiation strategy.

Post-mediation – what are my options now?
After the mediation process, it is essential to evaluate the outcomes and determine the most appropriate course of action. This segment will explore various post-mediation scenarios, outlining the range of options available to participants. Attendees will gain an understanding of the potential outcomes of mediation and how maintain momentum towards settlement.

By participating in this webinar presentation, attendees will acquire the knowledge and skills necessary to navigate the mediation process effectively from start to finish, including practical strategies, best practices, and valuable insights to optimize their chances of achieving favorable outcomes and resolving disputes efficiently through mediation.

For many, the world of work is a very different place than it was four years ago, when we hosted the last EMI.  The COVID-19 pandemic has had a significant impact in the workplace for both employers and employees which has led to new challenges for mediators. This half-day program will focus on how changes to the modern workplace have impacted our role and approach as employment mediators. We'll start with an in-depth look at the mediator's role in disputes, considering whether mediators can offer more to their clients than just closing the deal.  From there, we'll dive into the latest California employment law updates, with perspectives from both sides of the bar.  And, we'll close by giving you practical skills for your mediator toolkit, based on recent neuroscience and lessons learned about work in a post-pandemic world.

The conference will be followed by a networking mixer at El Cholo Restaurant.

Please join CCCBA, ADR Services, Inc and JAMS as they present retired Judges Steve Austin,  Barry Baskin, Ellen Sickles James and Winifred Smith in discussion on matters of Civility.

Discussion topics will include:
The importance of being civil to maintain your reputation and health.
+NEW Rule 8.3 California Rules of Professional Conduct - Reporting Professional Misconduct (eff. 8/1/2023)
What does it mean -  Who must act – when and why.
The responsibility of the law firm culture to manifest civility throughout the entire legal system.
How unconscious bias affects how we treat our clients, counsel and others in the legal community.
Recognizing how word choice, body language and body awareness – can create more civil and productive interactions.
Our responsibility to our local community and why civility matters even outside the law office and the courtroom.

The Rules of Professional Conduct of the State Bar have a new addition as of August 1- Rule 8.3.  This Rule mandates all lawyers “shall” without delay report to the State Bar “credible evidence that another lawyer has engaged in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation or misappropriation of funds or property that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.”

What does Rule 8.3 mean?  How will it impact my relations with other attorneys, my colleagues, my attorney friends, and even business partners? What does “credible evidence” of misconduct mean?  What happens if I don’t report another attorney?

MANDATORY REPORTING OF OTHERS’ MISCONDUCT IS HERE!  Have these and many other questions addressed by our panel of ethics and practice experts- the Bay Area’s first seminar for trial lawyers on how to live with Rule 8.3!

With fewer trials these days a lot of our cases are won or lost on discovery. We’re seeing aggressive and burdensome discovery early on in cases from both sides. What is the method behind this madness? What are respondents doing? Are they challenging onerous discovery by motion? What both sides are doing together? What are the best ways to resolve disputes? Tips from the Bench: What troubling/challenging discovery issues is the court seeing? What discovery issues are worth taking to court? What does the court recommend to help streamline discovery? When does the court award sanctions? Are Informal Discovery Conferences effective?