CLE Programs

SUMMER 2021

CLE Ethics Series

PERSONAL CONTACT
Presented by Professor of Law (retired) Mark D. Yochum
1 ETHICS CLE CREDIT
Thursday, July 29, 2021
Noon-1pm (Virtual)
Cost: $40 (DLAA discount applicable)

The last broad restriction on solicitation of clients by lawyers is the restriction on personal contact. This session will explore the continuing viability of this rule in an era when limitations on lawyers' commercial speech are tested for their efficacy in remediating a real harm. The personal contact rule has little historical validity and its value, if any, is shrouded in mythology.

Mark D. Yochum is a recently retired Professor of Law at Duquesne University School of Law, where he taught from the early 1980's until 2017, specializing in professional responsibility, bankruptcy and federal income tax. He is a graduate of Carnegie-Mellon University and Georgetown University Law Center. For over 25 years, he has provided ethical education for many local, regional and national conferences and groups, including the National Conference of Bankruptcy Judges, the Commercial Law League of America, the National Association of Bankruptcy Trustees and the I.R.S. He is also former director of the Duquesne Continuing Legal Education program and has presented at over 300 C.L.E. events.

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THE BONEHEAD PLAY
Presented by Professor of Law (retired) Mark D. Yochum
1 ETHICS CLE CREDIT
Wednesday, August 4, 2021
Noon-1pm (Virtual)
Cost: $40 (DLAA discount applicable)

Without emotion, ethics compliance and professionalism will be at best weakly formal. Inspiration for a higher level of ethical performances can come from the rest of life. In this talk, Professor Yochum will explore the ethics of sportsmanship as a model for professional practice. The title refers to the mistake Fred Merkle made in a storied baseball event of 1908, wherein the failure to attend to a simple rule leads to professional disaster and even death. The talk will tell his story and, perhaps, provide guidance on how we deal with errors in others and, inevitably, errors in ourselves. Rules of Professional Conduct will be discussed, those rules born of a concern for "zealous advocacy".

Mark D. Yochum is a recently retired Professor of Law at Duquesne University School of Law, where he taught from the early 1980's until 2017, specializing in professional responsibility, bankruptcy and federal income tax. He is a graduate of Carnegie-Mellon University and Georgetown University Law Center. For over 25 years, he has provided ethical education for many local, regional and national conferences and groups, including the National Conference of Bankruptcy Judges, the Commercial Law League of America, the National Association of Bankruptcy Trustees and the I.R.S. He is also former director of the Duquesne Continuing Legal Education program and has presented at over 300 C.L.E. events.

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Jane MoriartyCONFLICTS OF INTEREST IN CRIMINAL MATTERS
Presented by Carol Los Mansmann Chair in Faculty Scholarship and Professor of Law Jane Moriarty
1 ETHICS CLE CREDIT
Wednesday, August 11, 2021
Noon-1pm (Virtual)
Cost: $40 (DLAA discount applicable)

While much of the litigation about conflicts of interest is in civil cases, complicated conflict issues arise in criminal cases. These include representing co-defendants, getting hired and fired, negotiating plea agreements, litigation between the government and the lawyer, joint-defense agreements, conflicts between the client and lawyer, and being paid to represent a client by a third party. Using real-world problems, this presentation will explain the various Rules of Professional Conduct and cases that govern conflicts in criminal matters.

Jane Moriarty is the Carol Los Mansmann chair in faculty scholarship and professor of law at Duquesne University School of Law. Her scholarship focuses on scientific evidence, neuroscience and law, and professional responsibility. Among her publications are a casebook, Scientific and Expert Evidence (Aspen, 2007, 2d ed. 2011)(with John M. Conley), a treatise, Giannelli, Imwinkelried, Roth & Moriarity, Scientific Evidence (5th ed., 2013)(with annual supplements), a three-volume edited series, The Role of Mental Illness in Criminal Trials:Insanity & Mental Incompetence (three volumes in the Constitutional Controversies series)(Routledge Press, 2001), and a two-volume practitioner treatise, Psychological and Scientific Evidence in Criminal Trials, (West, 1996)(annual supps.,1997-2006).

Moriarty has written several articles about behavioral and forensic science evidence, the Salem witchcraft trials, and violence against women. In the last few years, much of her work has involved the burgeoning field of neuroscience and law. She is the author and co-author of peer reviewed articles on neuroscience and law and a chapter on neuroscience lie detection. She is currently working on a book for NYU Press, entitled Are You Lying Now? Neurotechnology and Law (2016) and is developing an international series on neuroscience, law, and human behavior with colleagues. Moriarty is a frequent speaker on scientific evidence and neuroscience evidence and served as president of the Evidence Section of the Association of American Law Schools.

During her career, she was named Professor of the Year (Akron Law) and awarded the Excellence in Teaching award (Duquesne Law). A contributor to Black's Law Dictionary, Moriarty has been included in Who's Who in America, and has received awards for her scholarship. She was a visiting professor at both Case Western University School of Law and the University of Pittsburgh School of Law.

Moriarty received a B.A. from Boston College, summa cum laude, where she was awarded the Bapst Philosophy Medal and elected to Phi Beta Kappa. She graduated, cum laude, from Boston College Law School. She served as a law clerk to the Superior Court of Massachusetts and to Ralph J. Cappy, Justice of the Supreme Court of Pennsylvania. In 2010, she attended Neuroscience Bootcamp at the University of Pennsylvania Center for Neuroscience and Society.

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Fall 2021

The Death of Eyewitness Testimony and the Rise of the Machine Conference - 4 hours substantive and 1 hour ethics credits, $200, special rates for government employees and DLAA

In an age where cyber-surveillance, facial recognition, and other forms of "technopolicing" have begun to replace more traditional forms of evidence, it is a good time to both revisit the past and examine the future. In this conference, several speakers will examine the role of machines and artificial intelligence as evidence for criminal cases.

Presenters will explain how machine-driven evidence may replace more traditional forms of evidence, such as handwriting comparison, eyewitness identification, and even police testimony. But with this new evidence comes both novel concerns about accuracy, meaningful confrontation of witnesses, and the potential for coding biases into the machine. Other presenters will examine evidence that continue to pose "black box" problems in which it is difficult to determine accuracy and uncover bias problem, such as those posed in abusive head trauma cases, eyewitnesses' testimony, and neuroimaging evidence.