Session One: 1.5 hours.
Satisfies Legal Ethics Requirements. Prior MCLE Course Approval #JZ0879
UPL, MDP and MJ (Defining What Lawyers Do and Where They Can Do It): Part I
This interactive program uses hypotheticals to explore several basic issues involving the legal profession, including: which governmental branch defines the practice of law and enforces unauthorized practice of law restrictions; what is the definition of "practicing law," and what exceptions apply; do self-helps books and online services such as LegalZoom® constitute the "practice of law"; where is the line drawn between permissible and impermissible actions by paralegals; what activities can disbarred or suspended lawyers engage in without violating the law; whether lawyers should be allowed to employ or partner with non-lawyers in providing legal services or non-legal services; whether non-lawyers should be allowed to own a minority or majority interest in a law firm.
Thomas E. Spahn practices as a commercial litigator with McGuireWoods in Tysons Corner, Virginia. Tom was selected as the 2013 Metro-Washington DC "Lawyer of the Year" for "Bet the Company Litigation" by The Best Lawyers in America (Woodward/White, Inc.). He has served on the ABA Standing Committee on Ethics and Professional Responsibility, and is a Member of the American Law Institute and a Fellow of the American Bar Foundation. Tom has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 1,500 CLE programs throughout the U.S. and in several foreign countries. Through links on his website bio, Tom has made available to the public: his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 750 weekly email alerts about privilege and work product cases; materials for thirty ethics programs on numerous topics, including approximately 7,000 pages of analysis. Tom graduated magna cum laude from Yale University and received his J.D. from Yale Law School.
Tom Spahn Online Biography: https://www.mcguirewoods.com/People/S/Thomas-E-Spahn.aspx
Session Two: 1.5 hours
The Rule of Law in Civil Society.
G. Michael Pace and H. Timothy Isaacs, Center for Teaching the Rule of Law
The relationship between law and society is a dilemma. What do we mean by “law”? What is the purpose of law in society? How is it made manifest? Whose law? Society, on the other hand, is more straightforward: it is the body politic composed of citizens committed to common – though often divisive and disparate – interests, beliefs, institutions and traditions. This relationship between law and society and the questions it poses rest on a single foundation: the rule of law.
Brian Tamanaha writes in On the Rule of Law: History, Politics, Theory that “The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works.” Tamanaha reflects the general consensus that a definition of the rule of law is both confusing and evasive. It has become a political dilemma for pluralistic societies struggling to balance the rights of the individual with the common good, and even in monolithic societies, the rule of law as an ideal has become divisive.
We will examine the responsibility all citizens have – not just Americans – in understanding and preserving the rule of law as the foundation of legitimate government, justice, a stable economy, and civil society; not a confusing, evasive or divisive political dilemma.
Using lecture, discussion, and audience participation activities, we will:
- Examine the historical foundations of the rule of law in society;
- Identify basic principles embedded in the rule of law;
- Compare competing political and economic perspectives on the rule of law;
- Assess the impact of the Western concept of the rule of law on emerging non-Western democratic societies; and
- Consider the continuing efficacy of the rule of law as a social, political necessity of evolving socio-economic systems and established pluralistic democracies.
G. Michael Pace, Jr., is the co-founder and President of The Center for Teaching The Rule of Law (www.thecenterforruleoflaw.org) located at Roanoke College in Salem, Virginia, and the creator of The Virginia Bar Association Rule of Law Project (www.ruleoflaw-vba.org), which has been designated as a “best practices” program by the American Bar Association Commission on Civic Education in the Nation’s Schools. Mike practiced law for 30 years at Gentry Locke Rakes and Moore, LLP, in Roanoke, Virginia, 15 of which as its Managing Partner. In 2013, Mike became General Counsel to Roanoke College, where he is also an adjunct professor in the Department of Public Affairs. Mike is a member of and Virginia Delegate to the American Bar Association and its Standing Committee on Public Education (2014-present), past-President of The Virginia Bar Association (2008), a member of the Board of Directors of the Virginia Law Foundation (2009-present), a Fellow of the American Bar Foundation, and a member of the National Conference of Bar Presidents. Mike is a 1979 graduate and former member of the Board of Trustees of Hampden-Sydney College, and received his Juris Doctorate from Washington and Lee University School of Law (1984).
H. Timothy Isaacs is Vice President of the Center for Teaching the Rule of Law, a non-profit educational organization headquartered at Roanoke College in Salem, Virginia. The Center’s mission is to change fundamentally the way the rule of law is understood and taught. Tim has been a teacher, coach, administrator, director of curriculum, and an education policy analyst. Tim is a member of the National Council for the Social Studies and its International Assembly, the Virginia Council for the Social Studies, and the Virginia Consortium of Social Studies Specialists and College Educators. He served as guest presenter at the Institute for Writing, Reading, and Civic Education at the Harvard Graduate School of Education (1997 - 1999). He was also a member of the 2006 College Board delegation to China to study the feasibility of introducing Mandarin Chinese in American schools. Tim and his partner Mike Pace, founder of the Center, have been presenters and facilitators at the last three World Justice Project Forums, and for the last three years they have been guest instructors on the rule of law at the Young African Leaders’ Institute. Tim attended North Carolina Wesleyan College (B.A. in English), The University of Virginia (M.Ed. in Curriculum and Instruction), and George Mason University (M.A. in English). As an adjunct professor at Roanoke College, Tim co-teaches “Law and Society,” a course on the history, theory, and practical application of the rule of law.
Session Three: 1.5 Hours – Luncheon Keynote Address
"The Supreme Court after November 2016"
J. Richard Broughton, Associate Dean for Academic Affairs & Associate Professor of Law
University of Detroit Mercy School of Law
(Member, State Bar of Texas)
For this luncheon address, Professor Broughton is asking that participants read the article entitled "The Changing Face of the Supreme Court" authored by A.E. "Dick" Howard and published in the April 2015 edition of the Virginia Law Review. *The Table of Contents for this article is linked as an addendum to this package of materials and will be sent in advance to all registered participants in this event.*
J. Richard Broughton is an Associate Professor of Law, and teaches Criminal Law, Criminal Procedure, Constitutional Law, and Federal Criminal Law. He was a Visiting Professor at Detroit Mercy Law in the 2009-10 academic year. Previously, he served as Visiting Assistant Professor of Law at Wayne State University, where he was named both the First-Year Professor of the Year and Upperclass Professor of the Year for 2008-09. He also has taught on the law school faculties at Stetson University and Texas Wesleyan University (where he also won two teaching awards), and as a Lecturer in Government at Johns Hopkins University.
From 2005 to 2008, Professor Broughton served in the Criminal Division of the United States Department of Justice in Washington, D.C. His work involved federal prosecutions of violent crime related to gang activity, drug trafficking, organized crime and racketeering. He advised senior Justice Department leaders and federal prosecutors on issues of federal criminal and constitutional law arising in federal death penalty matters; assisted in federal capital prosecutions, appeals, and post-conviction litigation; helped to craft and review federal crime legislation; and assisted senior leaders in preparing for congressional hearings and oversight. He received both the Meritorious Service Award and the Special Achievement Award from the Justice Department.
He also has served as Assistant Attorney General of Texas for Capital and Post-conviction Litigation, as a law clerk to the chief judge of the Texas Court of Criminal Appeals, and as a law clerk for the House Judiciary Committee during the 106th Congress.
Professor Broughton's scholarship focuses on American politics and institutions, and the intersection of politics, constitutionalism, and criminal justice. His writing has appeared in law reviews and journals throughout the country, and has been cited in opinions from the United States Supreme Court and state appellate courts. He also has provided legal commentary for numerous television and radio programs and newspapers.
Session Four: 1.5 hours
Legal Zoom: The End or Just the Beginning?
Ronald G. Baker, Attorney at Law
This presentation will discuss the legal controversy that arose between Legal Zoom and the North Carolina State Bar which began about 10 years ago. In 2003, the NC State Bar cleared the company to do business in North Carolina. In 2008, the NC State Bar issued a cease and desist letter to LegalZoom saying the company was breaking the law by operating without proper authorization. On February 25, 2015 the US Supreme Court decided the case of North Carolina State Board of Dental Examiners v. Federal Trade Commission. The Court basically held that the licensing boards could be sued if their actions appear to be aimed at reducing competition rather than protecting the public. In June 2015, Legal Zoom filed a $10.5 million antitrust lawsuit against the NC State Bar alleging that the bar was engaging in “unlawful monopolization” by refusing to register its prepaid legal plans marketed to individuals and small businesses. Legal Zoom operates in 42 states and sells do-ityourself legal documents at a discount rate from what consumers might expect to pay when they hire an attorney. To resolve the legal dispute, LegalZoom entered into a Consent Judgment on October 22, 2015 which placed several conditions on the company. LegalZoom agreed to have all of its documents reviewed by a licensed attorney, providing blank document templates to consumers without charge and informing the consumers that its services are not substitutes for in-person legal advice. In return, the NC Bar agreed to help LegalZoom in its effort to get legislation passed through the General Assembly that clarifies the unauthorized practice of law in North Carolina. The NC General Assembly passed HB 436 (SL 2016-60) on June 30, 2016. The presentation will also discuss the ramifications for the Commonwealth of Virginia in light of Petrie v. Virginia Board of Medicine 2016 WL 2851166, 4th Circuit COA (Decided May 16, 2016). The presentation will also outline the future concerns regarding the technology such as LegalZoom and others upon the practice of law.
RONALD G. BAKER
EDUCATION: graduated from Ahoskie High School in 1967. Attended the University of North Carolina at Chapel Hill as a Morehead Scholar, graduating in 1971 with a Bachelor of Science in Business Administration degree, followed by UNC Law School. Graduated with a Juris Doctor with Honors in 1975.
MILITARY: Member of the North Carolina Army National Guard from 1971 until honorably discharged in June 1977 at the rank of Staff Sergeant. Military occupational specialties were light weapons infantry and medic.
LEGAL CAREER: Henson, Donahue and Elrod in Greensboro, NC from August 1975 until September, 1978. October, 1978 to December 2012 with the Baker, Jones Law Firm in Ahoskie, NC. January, 2013 to present with Sharp, Graham & Baker, LLP in Kitty Hawk, NC. Practice has been as a civil trial attorney, primarily in defense of tort actions. Chosen among the “Legal Elite” by North Carolina Business Magazine and is designated a “Super Lawyer.”
PROFESSIONAL AND CIVIC ORGANIZATIONS: Member of the North Carolina and American Bar Associations (Member of the House of Delegates), and the North Carolina Association of Defense Attorneys. Past Director and past President of the North Carolina Association of Defense Attorneys and past State Representative to the Defense Research Institute. Served as a North Carolina State Bar Counselor for nine years and was a Vice-Chair or Chair of the Grievance Committee for five of those years. Then served as Vice-President, President-Elect and President of the North Carolina State Bar. Currently a member of the North Carolina Board of Law Examiners.
Past President of the Ahoskie Jaycees as well as a life member of both the Ahoskie and United States Jaycees and a United States Jaycee Ambassador.
Past Director and President of the Hertford County Committee of 100. Served as a Hertford County Commissioner from 1985-1989 and was chair in 1986-1987. Served as a member of the Hertford County Board of Education from 1998 to 2010 and was either chair or vice-chair for 6 of those years.
Session V: 1 hour
A.I. and the Law: What will the Lawyer of the Future Look Like?
Andrew Arruda, CEO and Founder of ROSS Intelligence
The presentation will begin with a discussion of what A.I. is, how it works and will highlight some of the different ways A.I. is being used in law, including in legal research. It will end with a discussion on robot lawyers and answer whether or not they are here to replace human lawyers (he believes they are not) and will explore what he believes the lawyer of the future will look like. The goal of the presentation is to increase the attendee's professional competence and skills by informing them about how they can use artificial intelligence in their practices to drive improvements in the quality of legal work they are delivering to the public.
Andrew graduated from the University of Saskatchewan. He is an entrepreneur, strategist, and leader with nearly a decade of experience in the legal industry. He is a licensed attorney and knows the ins and outs of the legal profession and aim to forever change the way legal services are delivered. As a co-founder of ROSS Intelligence, he helped build ROSS, the world’s first artificially intelligent attorney. Prior to ROSS Intelligence, Andrew worked at Toronto litigation boutique Azevedo & Nelson and with the Canadian Department of Foreign Affairs, Trade and Development in Lisbon, Portugal.
He is an international speaker and is quoted widely on the topics of artificial intelligence, legal innovation, organizational change, legal technology, and entrepreneurship. He has been featured in numerous national and international media outlets including The New York Times, the BBC, CNBC, CBS, The American Bar Association Journal, Inc. Magazine, Forbes, La Monde, TechCrunch, The American Lawyer, The New Scientist, The Guardian, The Atlantic, and the Financial Times.
Specialties: general management, entrepreneurship, customer development, business operations, strategy, executive leadership, artificial intelligence, cognitive computing and business analysis.
A. Whitepaper on "Artificial Intelligence Systems and the Law" published in ILTA's Summer 2016 Peer-to-Peer Magazine
B. ABA Magazine April Cover Story on "How artificial intelligence is transforming the legal profession"
C. Wall Street Journal "CIO Explainer on "What is Artificial Intelligence?"
D. Above the Law piece "Can Computers Beat Humans at Law?"
F: Slides from "A.I. and the Law: What will the Lawyer of the Future Look Like?" session (not attached)