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New Member Orientation & CLE Boot Camp ACLEA 54th Mid-Year Meeting

Faculty

August 2, 20

February 10, 2018 8:00 am – 3:30 pm San Antonio, Texas

Lucas Boling The Missouri Bar Jefferson City, MO Betsy Hults Jones Day Atlanta, GA Karen Lee Oregon State Bar Tigard, OR Marty Latz Latz Negotiation Institute (LNI), Inc. Scottsdale, AZ Chris Osborn ReelTime CLE Charlotte, NC

Gina Roers-Liemandt American Bar Association

Chicago, IL

Tim Slating Illinois State Bar Association

Chicago, IL

Stuart Teicher Teicher Professional Growth, LLC

East Brunswick, NJ

Mindy Thomas Fulks Tennessee Bar Association (TBA)

Nashville, TN

NEW MEMBER ORIENTATION AND CLE BOOT CAMP AGENDA

8:00 a.m. Bandera Breakfast and ACLEA Executive Committee Introductions

8:15 - 8:30 a.m. Bandera Welcome Stuart Teicher, Teicher Professional Growth, LLC

8:30 - 9:15 a.m. Bandera Programming Best Practices Chris Osborn, ReelTime CLE

9:15 - 9:45 a.m. Bandera Top Ten Things You Need to Know about MCLE Gina Roers-Liemandt, American Bar Association

9:45 - 10:15 a.m. Bandera Top Ten Tips for Working with Contributors Mindy Thomas Fulks, Tennessee Bar Association

10:15 - 10:30 a.m. Foyer Break

10:30 - 11:15 a.m. Bandera Technology and CLE Lucas Boling, The Missouri Bar

11:15 a.m. - 12:00 p.m. Bandera Negotiation Strategies for CLE Professionals Marty Latz, Latz Negotiations Institute

12:00 - 1:00 p.m. Uvalde Lunch for Boot Camp Participants and First Time Event Attendees

1:00 - 1:30 p.m. Bandera Publications Best Practices Tim Slating, Illinois State Bar Association

1:30 - 2:15 p.m. Bandera Back to Basics: Marketing Karen Lee, Oregon State Bar

2:15 – 2:30 p.m. Foyer Break

2:30 - 3:15 p.m. Roundtable Discussions: • Publications (Brady)

Tim Slating, Illinois State Bar Association • Hot topics (Bandera)

Chris Osborn, ReelTime CLE • In-House/Professional Development (Hondo A)

Betsy Hults, Jones Day • Technology (Hondo B)

Lucas Boling, The Missouri Bar

3:15 - 3:30 p.m. Bandera Getting the Most Out of ACLEA

3:30 p.m. Adjourn

Programming Best Practices

Presented By:

Chris Osborn ReelTime CLE Charlotte, NC

Presented at: ACLEA 54th Mid-Year Meeting

February 10, 2018 San Antonio, Texas

Chris Osborn ReelTime CLE Charlotte, NC

Chris Osborn is co-founder and principal of ReelTime CLE, an international provider of dynamic, interactive Continuing Legal Education workshops, conferences, and professional development training programs using the most proven and effective methods of adult learning to help attorneys work (and interact with one another) more productively, professionally, and ethically. Since its inception in 2007, ReelTime CLE has presented its interactive learning workshops for thousands of participants across the United States, as well as in six Australian states and four Canadian provinces. In addition to his ongoing work with ReelTime CLE, Chris Osborn is the founding principal of Osborn Conflict Resolution, through which he serves as a mediator and represents clients throughout North Carolina in a wide variety of litigation matters, including business breakups, construction and employment law disputes, and will caveat disputes. From 2012-2015, Chris served as an Assistant Professor at the Charlotte School of Law, where he taught first-year doctrinal classes and upper-level legal skills class. While on the faculty, Chris’ scholarly research focused on ethics and professional responsibility, and particularly the interrelationship of both with mental health and substance abuse issues. Chris holds a JD from the University of Virginia School of Law, where he was a Hardy Cross Dillard Scholar and a member of the Virginia Law Review. Chris also served as a career law clerk to former U.S. Magistrate Judge Carl Horn III, and spent 11 years practicing with the Charlotte, NC law firm of Horack Talley Pharr & Lowndes, PA, as an associate and a shareholder, during which time he handled construction and real estate litigation, business litigation, and employment disputes.

Programming Best Practices

The Association of Continuing Legal Education (ACLEA)

January 2013

Programming Best Practices Special Committee: Co-Chairs: Karen Lee, Oregon State Bar Dawn Ofner, Legal Education Society of Alberta Members: Leslie Belasco, American Law Institute Continuing Legal Education Kathryn Bellman, Nebraska State Bar Association Barron Henley, Affinity Consulting Group Jan Majewski, Holland & Knight LLP Mary Lynne McInnis, Atlanta Bar Association Timothy Morrow, Minnesota CLE Rob Seto, Continuing Legal Education Society of British Columbia With the Assistance Of: Suzanne Cushing, Oregon State Bar Sophia Stauffer, Legal Education Society of Alberta

Table of Contents Page 1 Copyright ACLEA 2013

TABLE OF CONTENTS

INTRODUCTION..........................................................................................................................1

CHAPTER 1 STRUCTURE ...................................................................................................2

I. Establishing and Following a Mission Statement ....................................................2

II. Program Finances.....................................................................................................3

III. Resources .................................................................................................................4

CHAPTER 2 IDENTIFYING LEARNING NEEDS ...........................................................7

I. Introduction: Defining Learning Needs v. Wants ....................................................7

II. Reasons for Attending CLE .....................................................................................7

III. CLE Boards/Planning Committees ..........................................................................9

IV. Surveys and Evaluations ........................................................................................10

V. Other Sources of Information on Lawyers’ Learning Needs .................................10

VI. Best Practices for Identifying Learning Needs ......................................................11

CHAPTER 3 THE LEARNING EXPERIENCE ...............................................................12

I. Communication and Coordination with Program Chair or Planning Committee ..............................................................................................................12

II. Communication and Coordination with Faculty ....................................................12

III. Program Content and Structure ..............................................................................13

IV. Delivery Formats ...................................................................................................13

V. Course materials.....................................................................................................16

VI. Using Technology for Presentation and Delivery ..................................................18

VII. Recognizing Different Learning Styles .................................................................18

VIII. Learning Objectives ...............................................................................................20

IX. Criteria for Developing Learning Objectives ........................................................21

X. Additional Information ..........................................................................................22

XI. Best Practices for the Learning Experience ...........................................................23

CHAPTER 4 THE LEARNING ENVIRONMENT ...........................................................24

I. Facility and Meeting Room ...................................................................................24

II. Best Practices for the Learning Environment ........................................................28

Table of Contents Page 2 Copyright ACLEA 2013

CHAPTER 5 EVALUATING THE LEARNING EXPERIENCE ...................................29

I. Collection ...............................................................................................................29

II. Analysis..................................................................................................................29

III. Methods of Evaluations .........................................................................................30

IV. Program Evaluations ..............................................................................................30

V. Staff Evaluation of Faculty ....................................................................................31

VI. Evaluation of CLE Staff.........................................................................................32

VII. Best Practices for Evaluating the Learning Environment ......................................32

CHAPTER 6 VOLUNTEERS AND FACULTY MANAGEMENT .................................33

I. Volunteer Members of the Legal Community .......................................................33

II. Retaining Volunteers .............................................................................................33

III. Recruiting Speakers ...............................................................................................34

IV. Searching for a Program Chair or Forming a Planning Committee .......................34

V. Guiding the Program Chair or Planning Committee ..............................................35

VI. Expectations for Materials and Presentations ........................................................37

VII. Deadlines for Materials ..........................................................................................37

VIII. The Formal Presentation ........................................................................................37

IX. Managing Faculty on the Day of the Seminar .......................................................38

X. After the Presentation ............................................................................................40

XI. Reimbursement Policies.........................................................................................40

XII. Speaker Training ....................................................................................................40

XIII. Best Practices for Volunteer and Faculty Management .........................................41

CHAPTER 7 MARKETING ................................................................................................42

I. Targeting A CLE Audience ...................................................................................42

II. Identifying Your Audience ....................................................................................42

III. Crafting A Message For The CLE Audience .......................................................43

IV. Sending The Message To The CLE Audience .......................................................44

V. Evaluating The Message ........................................................................................46

VI. Best Practices for Marketing ..................................................................................46

Copyright ACLEA 2013 Page 1

INTRODUCTION ACLEA members have always recognized the importance of providing the highest quality of continuing legal education for their constituents.

ACLEA adopted the first guide for achieving this, "Standards of Operation for Continuing Legal Education Organizations," in 1975. In 1992, ACLEA revised those standards, producing "Standards in Continuing Legal Education." Since the legal profession and delivery of continuing legal education has changed in the years following 1992, this document discusses recommended standards and "Best Practices" for organizations that provide continuing legal education.


Chapter 1 Structure

I. Establishing and Following a Mission Statement

A mission statement is a concise statement describing a company's purpose. It should include the plan, dream, or wish of the company. It should identify the purpose and values of the business. It could include a statement of products or services. Finally, the mission statement should reflect the company's responsibility toward its customers.

The main purpose of a mission statement is to remind employees and make customers aware of the company's reason for being in business. Mission statements help with ongoing decision making processes. They remind employees of business goals and can help build customer confidence in services offered.

A. Complementing a Parent Organization’s Mission Statement

If a CLE provider has a parent organization it should develop a mission statement consistent with that of the larger entity. The purpose, principles and strategies employed by your parent organization will not be the same as for your CLE organization. This is especially true of multi-sector organizations that serve several missions simultaneously, ranging from regulatory to business services. The mission statement of a CLE organization should complement that of the parent organization, yet it should also stand alone.

B. Solo or Independent Continuing Legal Education Providers

All businesses should establish a mission statement. For CLE, consider a mission statement that supports the legal profession's need to maintain competency in a variety of substantive areas of law and practice as well as ethics and professionalism. It should be realistic, concise, reflect the values and beliefs of the organization, and demonstrate a commitment to serving the public good. It should identify who the organization serves and the scope of services. Mission statements should be re-examined and updated on a regular basis to ensure they still address the CLE provider's overall vision.

C. Vision Statements

A vision statement should define or describe what a CLE provider's organization hopes to achieve as a result of specific actions. It is the provider's strategic plan. Vision statements look into the future. As a CLE provider's business evolves, it might incorporate additional elements that build on present goals or expand its audience. It should provide enough flexibility to allow the CLE provider to evolve with changing times. A vision statement should incorporate elements of the strategic plan, accounting for anticipated changes. For example, a CLE provider's vision statement may include a statement such as, "We anticipate that we will continue to


use technology as a means of delivering education to our members, and that the variety of formats for educational programming will continue to diversify."

D. Impact on Decision Making

The mission and vision statement should serve as foundations for introducing new programs, eliminating certain programs, and starting new initiatives. When a CLE provider looks at programming opportunities, funding sources, potential strategic partnerships and any of the other many challenges facing CLE organizations, a well written and current mission and vision statement will provide leadership and staff with guidance when facing organizational challenges and decisions.

II. Program Finances

A. Financial Goals and Models

For-profit and nonprofit models are not mutually exclusive. Nonprofits that generate income beyond break-even expenses might funnel the proceeds back into the organization to improve or expand programming, publications, or both. On the other hand, a for-profit organization may run on a margin so narrow that it is not obviously distinct from a nonprofit. Often the nonprofit organization will offer some programming at a lower cost or without cost to address constituent needs.

B. Budgets Based upon Financial Goals

Determining a budget takes into consideration all of the costs of producing a seminar, both direct and operational costs, salaries, and any operating margins and percentage markups.

Direct program costs are those that can be distinctly identified or attributed to a particular program. Meeting room rental, catering expenses, audio-visual costs, speaker and staff travel expenses, printing, postage, and marketing are examples of direct costs. Speaker honorariums or fees are direct costs, as are complimentary speaker or planner registrations. On the other hand, expenses such as rent, insurance, utilities, office supplies and equipment, IT and web maintenance, and credit card merchant fees are operational costs. Salaries, taxes, and benefits need to be factored into the budget equation. If the CLE provider is a for-profit entity, include a desired operating margin or percentage markup.

C. Projecting Revenue

Also known as “crystal ball gazing,” projecting program revenue isn’t so much a science as it is an art. Circumstances, some beyond a CLE provider’s control, such as fluctuations in the economy or a natural disaster, can affect attendance adversely, while other events can actually increase attendance and revenue (e.g., new legislation, major court decision, new MCLE requirements, etc.).

There are several factors to consider when projecting program revenue:


1. Registration rates—how much will it cost to attend the program? Are there different rates for various types of attendees, such as new lawyers, paralegals, judges, non-profit attorneys, or law school alumni? Unless the program is subsidized either internally or by other revenue such as exhibitor or sponsor fees, the registration rates should generate sufficient revenue to pay for direct costs, a percentage of operational costs, salaries (including taxes and benefits), and any applicable margins or markups for profit.

2. Discounts—will discounts be offered, and if so, for what reason and how much? Many CLE providers offer early registration discounts. These discounts can help determine an approximate head count for seating and catering details, as well as the quantity of course materials to order or send electronically to attendees. Discounts can also be available for members of co-sponsoring organizations or if multiple registrants from the same firm or organization attend the same program.

3. Bursaries and Scholarships—these can be full or partial and represent money paid for the registration fee but not by the attendee. A bursary or scholarship could be in the form of another organization paying the registration fee on behalf of the attendee, or structured as a discount by the CLE provider (i.e., foregone revenue).

4. To refund or not to refund—that is the question. Most CLE providers have a refund policy, along with a refund or cancellation fee if the registration is cancelled within a specified period of time. Since refunds represent a reduction in revenue, the potential outcome of any refund policy on a program’s budget should be included.

III. Resources

Every program has a number of tasks that need to occur to make it successful. The resources assigned to those tasks will vary depending upon the type, size, and structure of the CLE provider. If resources are not available internally (e.g., within an organization's CLE section, division, or department) they might be accessible through a parent organization's shared resources, such as IT or marketing staff, or by turning to third-party providers for services like graphic design, website hosting, and online registration. Regardless of a CLE provider's structure, below are the general tasks that need to be completed:

A. Program Manager/Coordinator

Identifying topics

Selecting each program's planning chair or acting as the planning chair

Directing the planning process

Attending the event to monitor speaker and curriculum quality; assist with on-site tasks as needed


B. Event Coordinator

Booking program facilities

Ordering program catering and A/V

Arranging speaker travel

Attending the event to monitor quality control; assist with on-site tasks as needed

C. Event Staff/Program Assistant

Conducting pre-event preparations, such as printing name tags and registration lists

Preparing and distributing event correspondence (both pre- and post-program)

Attending the event to assist with registration and other on-site tasks as needed

Prepare and collate evaluations

D. Customer Service Specialist/Registrar

Register participants

Phone queries

Liaise with legal community

E. Marketing/Communications

Brochure design and publication

Website communication

Social media

Event email marketing

Direct marketing initiatives

Sponsorship and donations

F. Production specialist

Formatting seminar materials (print and/or electronic)

Ordering and printing of seminar binders and/or distribution of electronic materials


Following up on outstanding materials and grants of interest


Chapter 2 Identifying Learning Needs

I. Introduction: Defining Learning Needs v. Wants

“Needs” are not the same as “wants.” Lawyers “buy” based on want (though “wants” are at least sometimes determined by perceived “needs”). Should CLE providers sell them what they need? Should CLE providers make them want what they need? What persons or groups (other lawyers – peers, CLE planning committees, section or practice area planners, supervisors, judges, others) identify lawyers’ learning needs? CLE providers should consider a range of perspectives, including but not limited to lawyers. Also consider levels of learning needs and levels of training provided. This could be a subset of identifying learning needs. Often curriculum planning committees look at offering introductory, intermediate, and advanced course offerings. Sometimes courses offered are fairly advanced but don’t presuppose a lot of experience on the part of the learner, such as “Tax Appeals for the Non-Tax Specialist.” Courses aimed at lawyers just entering practice may be considerably different from non-specialist or other introductory level courses.

II. Reasons for Attending CLE

A. Complying with MCLE Requirements (see discussion below).

At the end of a reporting period often lawyers scramble for credits rather than seeking CLE most beneficial to their practices. This is disappointing to providers, but understandable. Providers can address this to some extent by ensuring that programs of a generally useful nature for all lawyers, such as professional responsibility, or practice topics that apply to many practice areas, such as litigation skills, research, or evidence, are offered toward the end of the reporting period.

B. Lawyers Want to Stay Current.

Whether they are in general practice, or have very specialized niche practices, lawyers who care about their competency want to keep up with new developments in law and practice and continually improve their skills. It is one reason why lawyers continue to attend CLE, even in jurisdictions where it is not required. Where CLE is required, often the best lawyers accrue more hours than they need for a minimum requirement, because they want to learn. They are also the ones often called upon to teach at CLE programs.

C. Gaining More Skills and Knowledge in a Specific Area of Practice.

Many lawyers who have specialized areas of practice attend annual or regularly offered programs in their specialties. They also form the market for advanced courses.


D. Getting "Up To Speed" In a New Area of Practice.

Over time, a lawyer's practice may change. He or she may want to develop or expand into new areas. Sometimes the areas are related, such as a workers' compensation and social security - disability practice. At other times, lawyers may want to consider completely new practice areas, whether out of necessity or choice. One of the ways to gain information and a sense of what it's like to practice in a new area is to attend a CLE seminar in that area. Such a CLE seminar also provides an opportunity for the lawyer to meet and talk to other lawyers who practice in this area of law.

E. To Improve in Areas That Support the Practice of Law:

Time management, law practice management, accounting for lawyers, client development are examples of law practice topics.

Professional development involves more than the substantive legal knowledge first encountered in law school and then afterwards in continuing education classes. Practicing law also means learning how to be efficient, make the best use of one's time for the benefit of clients, grow the practice, and improve the bottom line.

F. Transitional CLE for newly admitted lawyers.

This type of CLE helps usher lawyers from law school to real-world practice with topics that range from professionalism and civility, to nuts and bolts of local procedure, to introductions to various areas of practice. Some jurisdictions require that new lawyers take a certain number of hours of transitional education. Others allow it to remain voluntary, but encourage new lawyers to invest in appropriate CLE.

G. MCLE Requirements

Do MCLE requirements define learning needs? Should we be concerned only with CLE credit-approved learning? While lawyers are often “credit-driven”, the number of credits per course can influence the decision to take it. Some lawyers will look for specific information and instruction regardless of whether the course carries MCLE credit or not, if their perceived need is strong enough.

While CLE providers need to keep MCLE requirements in mind, these requirements usually are general and do not provide criteria for determining excellence or relevance in a given program. In addition, MCLE requirements set only the minimum number of CLE hours that lawyers must take and are not intended as a measure of how much CLE lawyers need to stay up-to-date and competent in their practice areas.

MCLE requirements identify the basic standards that CLE programs must meet in order to receive accreditation. Most MCLE rules are fairly general, requiring that a program have a subject matter primarily related to the practice of law or to a discipline in which further education of attorneys would be beneficial to the practice of law. This kind of rule covers many substantive areas of law, as well as areas


addressing practice and procedure issues. Ethics MCLE requirements, as well as some states’ requirements for CLE in other specific areas (bias in the profession, substance abuse issues), set further standards for CLE.

Many subjects that would benefit lawyers are not specific enough to legal practice to get CLE credit, and important programs in law firms or other in-house settings are often capped for purposes of CLE credit.

Thus, while MCLE requirements identify the CLE that lawyers must take, they are not a guide to the learning that lawyers “need.” They should be viewed as a starting point, not an end point, in determining lawyers’ learning needs.

III. CLE Boards/Planning Committees

One of the values of planning committees is that the members can pool expertise in their respective fields and have an understanding of what they and their peers need to learn. Likewise, a diverse CLE board, with representatives from across the profession, can provide guidance to staff regarding the needs of the practicing bar.

CLE boards and committees are an important resource for planning programs. Their membership usually represents those most experienced in their respective areas of law and practice and who have past experience as planners and presenters. Their depth of knowledge and willingness to devote time and effort to planning and speaking are invaluable for CLE providers. One important factor to consider is that sometimes these groups become insular, with the same leaders providing the same input. CLE providers want to recognize and continue to make use of the expertise of these experienced volunteers, while also seeking input from new volunteers who have developed the expertise and have an interest in providing education to their peers. Existing volunteers can sometimes be a good source for finding additional volunteers, and they may be able to suggest people for planning groups. If not, then the CLE provider or staff may need to suggest possible additions to planning groups.

In addition to CLE boards or similar planning committees, other entities and programs such as mentoring programs, leadership programs, professional associations, and specialized bar associations all may have a formal or informal interest in developing educational programs for their members/audiences.

If a bar association or other group has a mentoring project or organization, its members may have a good sense of what lawyers need to learn, especially younger lawyers or those newer to the profession. In a similar vein, judges often observe the lawyers who come before them and note their skill levels, including an understanding of courtroom procedures, document drafting, civil procedure, the rules of evidence, and appellate practice. Members of the judiciary are often very generous with their advice as well as their time and expertise as planners and presenters.

Professional associations have a strong interest in providing education to their members to keep them abreast of developments in their field. That is why most bar associations sponsor CLE, but also explains why other organizations, such as bar


sections, or specialized bar associations also seek to provide their members with continuing education. In addition, education provided by a specialized group may be perceived as a member benefit of belonging to that group.

IV. Surveys and Evaluations

Surveys and evaluations are often a source of information about what learners want, which may or may not coincide with what they need. CLE providers should, where feasible, conduct surveys and certainly include questions in their evaluations about program content that participants would like to see in the future. Another approach might be to conduct a survey of those who work with lawyers, such as judges or court employees, to see what they think lawyers ought to be learning.

Count or Non-count? Some program evaluations ask participants to rate the presentations on a numeric scale as well as provide comments. Others ask questions requiring a short written response. Whatever the assessment tool used, it should be designed to generate relevant information that will help in the planning of other events. Including some demographic questions might be helpful, too, such as:

How long have you been in practice?

Describe your practice

What is the greatest challenge you face in your practice today?

Performance goals/internal assessments of lawyer performance can pinpoint the learning needs of individual lawyers. That information may not, however, be available to those planning CLE. It may be an advantage for CLE providers in-house at law firms. They may be able to assess what their lawyers need to know.

V. Other Sources of Information on Lawyers’ Learning Needs

Client surveys can provide information about how lawyers can be better trained to meet client needs. Because the client’s perspective may differ from the lawyer's, such sources of information may not be determinative. However, the information could provide valuable insight into clients’ perceived needs, some of which the firm may be able to address through better training.

Partners and supervisors of the learning population are a great source. In-house education is often driven by practice partners or supervisors who have specific goals for training lawyers in a given area so that they can most effectively practice in it. Professional development committees may have a wider scope than just continuing education and may be devoted to professional development in a broader sense such as training, evaluation, performance, or other development.

Disciplinary boards, practice advisors, and risk management insurance providers can identify risky practice behaviors across the lawyer population and provide insights into the kinds of training that lawyers need for responsible and competent practice. In


addition, they can be a source of education. Disciplinary boards/counsel often are willing to provide professional responsibility education. Practice advisors and insurance providers may provide education on best law practice management skills and risk management, respectively.

Government and legislative agencies and the courts can provide guidance. Those who make and interpret laws such as legislatures, government bodies, and the courts are major sources of information about up-to-date information. Legislative or court rule changes that affect the implementation and interpretation of laws also are important sources of information and therefore education for lawyers.

VI. Best Practices for Identifying Learning Needs

The CLE organization should not consider only one group's point of view. Assessing learner needs requires considering multiple viewpoints, both when looking at substantive content for courses and at skills development for practicing lawyers. While lawyers’ own opinions about what they want and need are valuable, these are not the only opinions that should be considered. A CLE provider and the providers’ planning or advisory boards should be prepared to consider many perspectives when determining learners’ needs, relative to the demands of the profession today.


Chapter 3 The Learning Experience

CLE organizations assist with developing courses that cover a range of substantive law and practice. They also need to consider best teaching practices to sustain audience interest and engagement and convey information effectively.

I. Communication and Coordination with Program Chair or Planning Committee

The first step in planning and developing a seminar is often visiting with a person or group who has taken responsibility for planning the program. This person or group should be able to help the CLE provider with identifying:

Learning objectives and outcomes - What will the lawyer take away from this program that can be applied in practice? Whether defining learning objectives and outcomes is ever required of CLE providers, it remains a recommended best practice. Having specific learning objectives will help provide benchmarks so the CLE provider, as well as the faculty, can determine if those objectives were met.

Learning styles - There is some current discussion about whether adults really have vastly different learning styles. However, the fact that there are some differences in how people learn has been observed by most instructors/providers of education. In the interest of maintaining audience attention and interest, it is helpful to vary the ways in which information is presented. For example, a number of CLE programs have varied the format, presenting information in a talk-show conversational setting or having one person interview another, with the interviewer serving as a proxy for the audience and asking questions to the person being interviewed.

II. Communication and Coordination with Faculty

A. Target Audience

Faculty need to know who their likely audience is so that their materials and presentation can be appropriate for the knowledge level of the audience. Providers may be able to give speakers an advance list of participants or some demographic information to help speakers adjust the level of information provided, including reason for attending.

B. Learning Objectives and Outcomes

Each faculty member should have a sense of what he or she intends to communicate to the audience and what the audience should take away with them. It may be helpful to tell speakers they may not be able to cover all of their material and should be prepared to share the highlights. Speakers may also want to provide a "road map" to the audience, identifying the main points they plan to cover, cover them, and summarize what they just said. This may seem too basic, but sometimes basic organizational principles are a good place to start.


C. Learning Styles

Regardless of their preferred learning style, people often retain information if they see it applied. For example, if the instructor has the participants apply a principle to a hypothetical situation or uses another device to make a point, retention might be enhanced.

III. Program Content and Structure

Faculty should be encouraged to try different methods of communicating, i.e., going beyond the "talking head" lecture format. Panel discussions, round tables, having the audience work in small groups, dramatizations, role-playing or skits, all have a place in educational settings.

It is important to define who the target audience is in terms of prior knowledge level and reason for attending the course. Defining the target audience will set the appropriate expectations for the participant and will allow the faculty to teach to the expected level.

Tailor the content and design the structure of the program to meet the learning objectives and outcomes. For example if the program is intended to be a skills development program then small group exercises or individual practice in breakout sessions would be appropriate. If the session is advanced in nature and the practitioners are looking to examine complex issues then consider setting the room in half round tables which would allow easier participant interaction and collaboration when discussion issues or working on case studies.

Audience participation - Adults learn best when they are engaged. Where feasible, opportunities for audience participation should be invited. Modern technologies allow for audience polling and this has proven to be a good way to raise learner participation to another level. The instructor shows a hypothetical or poses a question, and the audience uses their polling cards to enter a response. Likewise, asking the audience to apply principles by having them solve problems or work in small groups, where feasible, can be an effective teaching method.

IV. Delivery Formats

A. Types of Teaching Methods

A variety of effective teaching methods can be employed. Considering the learning objectives and the desired outcomes will help to choose which format will work best. Below are some examples of teaching methods and when they could be implemented.

1. Lecture - In spite of many criticisms, lecture is still one of the primary ways an instructor provides information to his or her audience, and a good lecturer can provide a great deal of information in a cogent and organized way. If the presentation is more academic in nature, the instructor has control over what is being taught because they are the sole source of information. Lectures are easier to create and are familiar to most participants. When there are large groups it is challenging to engage the participants using this method.


2. Panel discussion - Panel discussions are especially useful when a range of approaches or opinions exists and they allow the presentation of various points of view. Panels should be comprised of people with extensive knowledge on the subject matter. Often there is a moderator present to control the process.

3. Panel discussions are not the opportunity for each panel member to make small presentations one after another but should be an open dialogue among experts expressing varying opinions on a topic. Panel discussions allow the participants to see multiple viewpoints so they can weigh the merits of each perspective.

4. Mock presentations or role playing (hearings, trials, negotiations, mediations, etc.) - These can be especially useful in demonstrating skills or methods, such as negotiation, cross-examination, mediation, voir dire, etc. Role playing is used extensively in mediation and negotiation training, for example. When using mock presentations and role playing be careful not to incorporate far-fetched or 'over the top' examples as those are more likely to remain in the minds of participants rather than what you intended they learn.

5. Hypotheticals and case studies - Often a part of a lecture, sometimes a hypothetical situation can be used as the basis for several presentations addressing different aspects of the situation. This is an effective teaching tool for introducing fundamental principles to an audience and helping them to apply the criteria which they have recently learned.

6. Town hall meeting - These are public meetings, often with an informal agenda, which allow individuals to express their concerns. These provide the audience with ample opportunities to participate. A town hall meeting can be effective to introduce proposed legislation or rule changes or address controversial topics. There is always a moderator required to manage both an agenda and the discussion.

7. "Unconference" - An unstructured format where the distinction between instructor and audience is eliminated, and interested participants can share their views. This method has worked where many of the participants share a similar level of expertise (as in a technology unconference) but may have various opinions and viewpoints. Before the term "unconference" was coined, sometimes this sort of meeting was called a "round table discussion." The larger the group involved, the more likely it is to be called an unconference.

B. Selection of Teaching Methods

In choosing the appropriate teaching method you should consider what you want the participant to learn. Some topics easily lend themselves to alternative forms of presentation better than others, such as mock trials, or mock mediation sessions. Not all faculty are comfortable using all methods. Consider working with a faculty


member to design their presentation to incorporate some of the methods above. Also recognize that some presenters do not have skills or personalities that lend themselves to specific teaching methods and you are best to recognize that at the outset. The goal is to meet the needs of audience (e.g. learning styles) and to keep the audience engaged and awake.

C. Presentation and Interactivity of Program Formats

1. Live (i.e. attend in person) - This is the most traditional and still one of the most frequently used formats. Its advantages include the opportunity for speakers and audience to interact. Those attending have ample opportunity to ask questions of the speaker and also communicate with each other. In addition to the educational component, live seminars also have a social element, with people taking the opportunity to converse with friends and colleagues during breaks or at meals. The disadvantages of live seminars are that they require time away from the office and may be difficult to access for those located far from the CLE site. These obstacles can be significant for lawyers in rural areas.

2. Webcast - A webcast broadcasts over the internet and can either be a webcast version of a live seminar with an audience in the room, or it may be a program developed and broadcast from a studio, with or without a studio audience. Webcasting greatly expands the potential audience of the CLE provider by bringing the program to the audience's office or home. The greatest disadvantage to webcasting is having audience members multi-tasking when they should be paying attention. An effective webcast, where the camera focuses clearly on the speakers and information is well presented, can be a cost-effective means of delivering CLE content. Those attending may be less engaged than people in the same room as the speaker, but it can be an effective way to learn quickly without having to leave the office. This is a primary reason webcasts continue to grow in popularity as a format. Live seminars or conferences may last anywhere from one hour to one day. While all-day seminar webcasts are feasible, shorter programs are ideal for webcasting. A webcast can be very effective for providing important information on some new development in the law, where the audience wants to be brought up to speed quickly.

3. Webinar - A webinar is much like a webcast and usually has an online or telephone audio component and an online visual component, which may be a PowerPoint type of presentation. Webinar advantages and disadvantages are similar to those of webcasts.

4. Online and other electronic delivery (MP3, CD, etc.) - In those jurisdictions that allow it, well-focused pre-recorded material can be an effective resource for lawyers to stay current in their practice areas. However, the more that something is pre-recorded, like a podcast, the less opportunity there is for interaction.


5. Teleseminar - A telephone seminar has a speaker providing live information over the phone, much like a conference call. Those listening in on the call have an opportunity for real-time questions and answers at the end of the lecture. It is very similar to a live seminar, except that it is voice-only over a telephone. These seminars offer practical ways to get information in a condensed, usually one-hour, format. They are popular with lawyers who are not comfortable with webcasts or webinars, since they are much like a conference call.

6. Videoconferences - Expect to see more seminars conducted by video-conference. Parties are live in scattered locations and can see those in other locations on the video monitor. Speakers may be located at any of the locations. Many states and provinces have networks or video-conferencing facilities. This format offers an advantage for those lawyers who may be distant from the locations where CLE is most often offered. Similarly, video communication resources such as Skype might lend themselves to the development of educational programming.

D. Selecting the Program Format

Different formats might work better for different objectives. If the objective is to obtain audience engagement, live programs with alternatives to the lecture format might be most effective. Programming assisted by audience feedback devices can be effective where the speakers want to survey the audience, especially in response to hypotheticals. Programs that are very content-heavy, where the information provided is the most important thing, may lend themselves to a variety of formats. In other situations, where demonstrations of skills or audience involvement is important, some distance formats may not work well, or at all.

It takes staff and resources (human, financial, technological, etc.) to develop programming. Smaller organizations may find they can supplement their live programs by using programs developed by third-party CLE providers. Larger organizations may have the resources to develop a varied slate of live and distance education and provide options in multiple formats. In order to meet the varied needs of lawyers for obtaining CLE, most organizations offer a combination of live, webcast, telephone, and other CLE options as the CLE/CPD rules in their jurisdictions allow.

V. Course materials

A. Purpose

Provide useful, topic-specific resource material for attendees - Course materials should be well designed and easy to read. Speakers' written materials may provide more information than the speaker will actually address in his or her lecture. For example, citations, resources, checklists, and forms are all desirable additional material. If a large amount of resource material is available it could be put on a CD


or a flash drive for attendees. Comprehensive, easily referenced materials add value to the seminar, especially if the resource materials are a new edition of a handbook or practice manual.

Meet requirements of accrediting organization - Many accrediting organizations require that written materials accompany a CLE event, but even if they are not required, having written take-aways is valued by those attending. A major question nowadays is addressed in the next section - written or electronic materials?

B. Format/Delivery

Traditional (hard copy) - Many people prefer printed handouts or manuals. While the preference is shifting for materials on a flash drive or CD, lawyers might be unhappy if the choice is limited to electronic materials. One possible solution is to offer either print OR electronic formats. Another possibility is to mandate that materials provided with registration be in electronic format but offer a printed manual for an additional fee to cover the cost of materials and labor.

Electronic (downloads, USB drives, etc.) - Having a website where registrants can download materials has the advantage of allowing those who prefer printed materials to print their own. It passes the cost of printing on to the consumer. While there are still a few lawyers who are unfamiliar with going to a website and downloading a PDF, that is changing.

Budget considerations for provider and needs of attendee - Many attendees like to have materials in front of them for note taking and to follow along. But it is also true that CLE providers increasingly want to reduce costs by providing materials in electronic format. A few providers offer a hybrid solution, with some material provided on paper and additional resources or voluminous information provided electronically.

Having high-quality written materials, whether printed or electronic, is important. But cost considerations will continue to influence the type of materials provided to those attending seminars.


VI. Using Technology for Presentation and Delivery

A. Faculty Considerations

1. Training - Not all faculty are equally well-versed in creating or working with PowerPoint-type presentation software. Those who wish to use it require assistance should be able to obtain help from the CLE provider. The provider should be mindful of the faculty member's particular strengths. It is not necessary for every speaker to do the same type of presentation, and some speakers may be more effective without it. The CLE provider should either be familiar with technologies, have someone on staff available to assist, or be able to locate someone at the facility that can assist.

2. Willingness - Faculty members have different presentation styles and abilities. The overriding principle should be the quality of the presentation rather than whether it uses a given technology or not.

3. Emerging technologies - Audience response systems show a lot of promise but may be beyond the budgets of some CLE providers. If purchasing a system is cost prohibitive, rent one for the immediate future and consider purchasing in the future.

4. Accessibility - When using visual aids or technology, the images should be highly visible and the sound clearly audible. Some participants with hearing loss may need hearing assistance devices.

5. Organizational considerations:

Budget - Not all technology is expensive, and it is almost impossible to avoid using it. This has been true for decades. Years ago, presentations were often audiotaped. Later came videotape, and now DVDs. Technology changes but the need to use it sometimes does not. Often the cost of using a given technology goes down over time.

Staff resources - The CLE director does not have to be the person responsible for operating the technology but should know how to access resources. Tech-savvy individuals can help with website maintenance, audio-visual assistance at live programs, and technical assistance with webcasts or webinars.

VII. Recognizing Different Learning Styles

A. Core Concepts in Adult Learning as Applied to CLE

Adults are motivated to invest time and energy in learning when they understand how it will be useful to them and how it will help them achieve a goal. Lawyers are most concerned with having current information and with learning new ways to improve their practice skills.


Good adult education allows learners to reflect and build upon their life experiences. Lawyers bring their experience of the law and legal practice with them to the sessions. CLE programs must take into account audience knowledge if they are to be effective.

Adults prefer self-directed learning. The best speakers do not just transmit information; they also engage adult learners in a process of mutual exploration and discovery. This is harder than it sounds, but good planners and speakers will go beyond presenting a "talking head."

Adult learners, like all learners, learn best in different ways. Adult learning activities should recognize and provide for those differences, to the extent possible, given time, material, and other constraints.

B. Applying Adult Learning Concepts to CLE

Learning happens when the learner is given opportunities to process information. When a lot of new information is presented, it is a good idea to highlight the most important parts, or break it down into a few easy to assimilate parts. If the relationship between groups of ideas can be shown, the learner will be able to build a conceptual structure and furnish it with the new information. No speaker can cover all points, though some try. Speakers should learn to highlight, condense, and organize their information so that the learner can absorb it. Written materials can always include additional information for later reference.

Adult learners will be most motivated to learn when they believe what they are learning is useful and relevant. With CLE, unless the learner is desperately trying to collect any credit to meet a deadline, lawyers will choose seminars based on their information and skills needs.

Adult professionals need information and skills to maintain competency. The goal of learning is to change attitudes, behaviors, competencies, or skills. The key question for any learning activity is “What will the learner be able to do differently as a result of having participated in this activity?”

Keep programs interesting. If you do the same thing, the same way, all the time, you may get the reputation of "death by CLE." No one wants that designation. A variety of presenter styles and teaching methods will help audiences stay interested and keep them coming back.

C. Best Practices for CLE Providers

When planning a CLE activity, do not start with the usual questions: What is the topic? What will be presented and by whom? What materials should be provided? Instead, first ask: Who are the intended participants and why are they participating?

What do they know and what do they need to know?


What should they be able to do differently as a result of this activity?

How can we design this activity to achieve those learning outcomes for as many participants as possible?

VIII. Learning Objectives

Adult education settings should have learning objectives. These objectives should evolve from the needs assessment, should be the central focus during an instructor's preparation, and should be explained clearly and explicitly to the learners. It never hurts to tell them what they will learn, how the information presented will be covered, and what they will take away with them. Many instructors will put this explicitly in a statement like, "I covered a lot of material about x today, but if you remember one thing (or two things or any small number) from today's presentation, I want you to remember this."

A. A Learning Objective is NOT:

a "goal statement" ("to improve professional knowledge and skills")

a course title ("Alternative Sentencing Strategies”, "Effective Direct and Cross-Examination", etc.)

what the instructor plans to do ("to explain recent changes in the criminal code")

B. A Learning Objective IS:

The RESPONSE expected from the learner.

Types of Learning Objectives (learner responses):

What the learner will perceive, comprehend and remember

What the learner will feel, value, become committed to or enthusiastic about and will build confidence

What the learner will be able to do, perform, demonstrate, use, explain

C. Writing Learning Objectives

Begin the objective with: "As a result of this session (program, course, etc.) the learner will be able to do X ". Then, select an action verb ("describe, list, select, apply, demonstrate, write", etc.). Finally, complete the objective with the content of the relevant course segment. EXAMPLE: "As a result of this segment, the learners will be able to rule correctly on selected defense motions to suppress."


IX. Criteria for Developing Learning Objectives

A. Preliminary Considerations

First, determine if the learning objectives are realistic. For many, this process takes place at an unconscious level. It's not necessary to explicitly ask the following questions, but these considerations are or should be present when starting to plan a program.

1. Are the learning objectives relevant to learners’ needs? It is helpful to ask what the learners will take away as a result of attending this course. What will they be able to do or do better? What skills or knowledge (or both) will they gain?

2. Are the learning objectives consistent with overall learning goals? Is there a general program philosophy? What is it that the CLE provider wants to help lawyers do? CLE providers need to have a clear mission in mind, including an overall idea of the sort of education they want to provide.

3. Are the learning objectives consistent with the knowledge and skills of the instructor or organization? CLE providers need to exercise quality control. They need to know whether faculty has the expertise and presentation skills to convey the information being offered. There may not be complete control over this but CLE providers can exercise some influence to encourage good presenters and guide weaker ones.

4. Are the learning objectives stated in behavioral terms? What should the learner be able to do as a result of the education? How will this program contribute to the learner's law practice?

5. Are the learning objectives stated in clear language? Avoid ambiguous words, awkward phrasing or complicated syntax. A corollary of this is that, whenever possible, learning objectives should be explicit: “As a result of attending this program, you will learn . . . . “ Also consider stating "who should attend." This helps potential registrants to self-identify if they are among the group of people most likely to benefit from this education.

6. Are the learning objectives narrow and specific? Do not use compound sentences, double or triple objectives; use concrete words. "As a result of this program, you will learn X." "As a result of this program, you will be able to better do Y."

7. Are the learning objectives achievable within the time constraints? Only so much material can be covered in a given amount of time. Have the planners provided enough material? Have they provided too much? Assess this while planning the program and consult with the planners if you think there will either be a problem filling the time allotted or getting to every topic they want to address. Experience helps a lot with assessing these issues.


8. Are the learning objectives achievable in terms of learning resources? Is the space, equipment, facility, location appropriate for the type of program being offering? Do the speakers want to use more technology than the facility can provide? If so, what are the alternatives? The goal is to provide a high quality learning experience, which does not necessarily require high technology. It does, however, require care and planning and close coordination between the CLE provider and the program planner or speakers.

9. Are the learning objectives suitable for evaluating learning results? Can the faculty provider know or determine whether the objectives have been achieved? This has been a thorny issue in CLE circles since most CLE programs, unless they are part of a certification process, do not test the audience. Evaluations can help determine if the program achieved any of its objectives. It might ask a question like "What one or two important ideas or pieces of information did you take away with you today?" or "Did this program meet your goals in attending today?"

X. Additional Information

Taking time to consider learning objectives will cause planning to go more smoothly and be more focused. From a project management viewpoint seminar planners should have the end in sight and ask "What will be accomplished by providing this educational event?" Clear learning objectives help to develop relevant descriptions of the program and what it will provide, and help to design evaluation materials that provide relevant information for achieving objectives.

To repeat, learning objectives simply identify the new knowledge, skills, or attitudes seminar participants should gain by attending a CLE provider's program. Learning objectives are described in terms of learner outcomes and should employ action verbs. For example:

Participants will discover ways loan workouts can become a favorable alternative to litigation or bankruptcy.

Participants will learn about the effect of FIRREA on banks and their directors.

Participants will become aware of the untold story of the potential liability to the attorney who advises banks and/or serves as director.

Taking a few minutes to outline learning objectives will lay the foundation for the program. The objectives will provide guidance in:

Selecting topics

Putting topics in order

Selecting the appropriate faculty

Choosing learning methods


Developing written materials

Creating a meaningful descriptive title for the seminar

XI. Best Practices for the Learning Experience

It is important to have a clear roadmap for any program presented. Those attending want clear-cut agendas and explicitly stated learning objectives, where possible. They want organized speakers who make their points clearly and concisely, and materials for future reference. Whatever else CLE providers do, they should work to ensure that the programs are well-organized and the speakers well-prepared.


Chapter 4 The Learning Environment

The physical learning environment where a program takes place can play a significant role in promoting participant learning. A facility and meeting room that is conducive to learning can positively impact a participant’s frame of mind, leading to more effective learning. There are a number of things a CLE provider can do to make the environment as conducive to learning as possible. The following are some important considerations when selecting a facility and a meeting room.

I. Facility and Meeting Room

A. Access to Facility and Meeting Room

Ease of access to the facility can promote a positive frame of mind for the participant before the program starts. Choose a venue that is easily accessible by car (along with adequate parking facilities), public transportation, and on foot. Make sure the facility meets any legal requirements for accessibility (e.g., some CLE providers may be required by law to use facilities that comply with the Americans with Disabilities Act). The facility should be located in a safe and secure location. Proximity to eating establishments, especially for all-day programs, is helpful. Based on the event's budget and plans the facility should also be affordable, available during the hours needed for program set up and breakdown and, when possible, have low-cost or free internet access.

The meeting room itself should be easy to find inside the facility, meet any legal requirements for accessibility and, ideally, be located close to both restrooms and any eating facilities within the building.

B. Meeting Room Size, Structure and Arrangement

Select a meeting room that is appropriate for the number of registrants and program budget. Overcrowding should be avoided, but you also want to avoid a cavernous oversized room and paying for space that is not used. A good rule of thumb is to select a room with 20% more seating than expected. For example, if 100 people are expected to register for a program, ensure there is space for at least 120. This allows for walk-in registrants and allows attendees a little "breathing space." Don't forget to include space for risers, A/V equipment, and any catering. A wider room is preferable to narrow, but the ideal room structure is square. If possible, avoid a meeting room with multiple structures (e.g. posts) that can impede view.

Ceiling height is also a factor to consider when presenters will use A/V requiring a screen. Generally speaking, the larger the audience, the larger the screen for optimal viewing. Where several hundred people are in attendance multiple screens might be required.


A variety of meeting room layouts exist. Large meeting room layouts include classroom, half-rounds, and theatre. Examples of small meeting room configurations include conference tables, u-shaped arrangements, and team-style layouts. It is important to select a layout that is conducive to the program format.

C. Meeting Room Ambiance

1. Sound: The meeting room should have good acoustics and minimal external noise (e.g. noise from common gathering areas, adjacent meeting rooms, and HVAC systems).

2. Temperature: Choose a room with good ventilation and where HVAC controls are accessible and adjustable. The ideal temperature is between 68 and 72 degrees Fahrenheit or 20 to 22 degrees Celsius.

3. Lighting: Require various lighting systems located throughout the room. Each of these lighting systems should be independent of one another and the lighting levels of each of them should be adjustable.

4. Color: The ideal colors are beige and warm pastel shades (yellow, orange, green, and blue). White, deep tones, and glaring colors should be avoided.

5. Floors: Carpet is the preferred floor covering because it helps prevent falls, provides comfort, and absorbs noise. Carpet colors should complement rather than clash with the wall colors.

6. Windows: There are pros and cons to using a meeting room with windows. On the one hand, windows allow for natural light and an outdoor view. On the other hand, the outdoor view may be a distraction from the CLE activity inside the meeting room. If a meeting room with windows is selected, there should be window coverings or shades sufficient to block light that would otherwise washout images on a projection screen.

7. Furnishings: Ideally moveable and flexible furniture are preferable. Chairs should be comfortable, ergonomic friendly, and when possible, adjustable. Most attendees expect a writing surface, either for taking notes or for laptops or tablets. The tables should have a smooth surface, with sturdy legs free of wobbles and loose joints.

8. Electrical Outlets and WIFI Access: More and more participants are using laptops, tablets, and other mobile devices. Select a room that has sufficient electrical outlets and WIFI access to accommodate users of mobile devices. If wall outlets are limited, consider providing power strips.

9. Cleanliness and Tidiness: It almost goes without saying that the more clean and tidy the meeting room, the more conducive it is to learning.


D. Technological Requirements

1. Audio: This equipment ensures the audience can hear the speaker and the media. The requirements for audio vary based on the size of the room, format of the program and the content being delivered. Some considerations are:

a. Microphones: Wireless lavaliere, handheld and table microphones are available options. Wireless lavaliere microphones are beneficial to allow the speaker to move freely around the room. They are also helpful if the presenter is using a presentation so when they turn to face the screen their voice is still picked up. Handheld microphones are helpful to pass around for the participants to ask questions. Table top microphones allow for a seated panel discussion.

b. Audio from Computer: If faculty are playing a video or audio from their computer you will need an audio feed from the computer to the sound system.

c. Portable speaker and audio systems: portable speakers and audio systems can be used at locations where there is an inadequate built-in audio system.

d. Audio access for hearing impaired: Consider a portable system that can be offered to a participant with hearing impairment to amplify the audio. This system can also be used for simultaneous language translations when required.

2. Visual display: Having the right equipment to display a presentation can make the difference between a good and bad experience. When considering what equipment to use, ensure there is adequate distance between the audience and the equipment, and that there is an unobstructed sight line to all seats in the room. The type of projector and screen are dependent on the size, style and set up of a room. Some types are:

a. Projectors: types - fixed mount or portable - appropriate lumens

b. Projector screens

Front projection

Rear projection

Portable/fixed mount, drop-down

Single or multiple screens depending upon size and layout of room


c. Plasma/LCD TV Screens

d. Document Cameras/Digital Visual Presenters/Elmo

e. Smartboards/whiteboards

f. Visual Access for Visually Impaired

3. Computers: Computers are the most common type of equipment used to run a visual presentation. Some educational facilities are equipped with desktop computers. Laptop computers are the most portable type of equipment to use for this purpose. You can rent computer equipment, provide it yourself or allow speakers to use their own. To ensure that everything goes off without a hitch keep the following items in mind:

a. Often the equipment is not situated close to a power outlet and any cords such as power supply, extension cords, and cables should be taped down for safety.

b. Ensure appropriate cables are available to hook up to the projector. The cable that comes with the projector is not very long so if you plan to have your computer a distance away from the projector you will require additional cables. PCs and Apple computers require different types of cables.

c. The most common form of presentation software is Microsoft PowerPoint; however there are others such as Apple Keynote. There are a variety of media players available to show video clips and not all formats of video can be played on all media players.

d. Remote mouse capabilities are helpful so that the faculty is not required to stand directly next to the computer to advance their presentation.

4. Internet Access: Internet access requirements can be required by both presenters and registrants. Internet access can be provided either wired or wireless, secured or unsecured. Some regulators will not provide CLE credit when internet access is available to participants.

5. Simulcasting:

a. Requirements for downlinking

b. Requirements for transmitting (video, service, etc.)

6. Web-based Programs: If your program is offered online you need to ensure you have a reliable internet connection and adequate bandwidth for registrants.


7. Other: Audio responder systems are a popular tool used to increase participant engagement. Systems vary from handheld modules that are loaned to the participants for the day to free text based systems.

II. Best Practices for the Learning Environment

When selecting a facility for a program, arrange to see it prior to the event. Even if you are familiar with a facility, or have used it previously, you may want to visit it again. Bring a checklist of needs and requirements and discuss them with facility staff. If you are familiar with the facility, some of this pre-event checking can be done over the phone or via email, but in-person visits can be helpful for avoiding problems later.


Chapter 5 Evaluating the Learning Experience

Evaluation is a process that critically examines a program. It involves collecting and analyzing information about a program's activities, characteristics and outcomes. Its purpose is to make a judgement about a program, improve its effectiveness, and inform program decisions. Following every program there should be an evaluation of the program, faculty, and staff.

Evaluations fall into two broad categories: formative and summative. Formative evaluations are conducted during program development and implementation and are useful for getting direction on how to best achieve goals or improve a program. Summative evaluations should be done once the program is completed and will tell a CLE provider if the program achieved its goals. Some CLE providers like quantitative evaluations where participants rate aspects of the program on a scale, usually 0-5. Others prefer qualitative feedback and ask open-ended questions about what the participant did or didn't like. Many evaluations contain some of both types of questions. The important thing is that the evaluation should provide some feedback that CLE providers can use. If the evaluations being used don't seem to provide practical feedback, they need to be redesigned. A general rule is to first determine the desired information about the program and design the questions to obtain the required feedback.

I. Collection

Evaluations should be conducted in a timely fashion following completion of the event. Some CLE providers ask that evaluations be completed the day of the event while others send the evaluations out a few days following the event. There are benefits to both approaches. Attendees may be more likely to remember the presentation when filling out the evaluation the same day. Others may be able to provide more valuable feedback given the opportunity to review the material provided and assess its impact on their job. Evaluation return rates vary with these two methods.

To ensure maximum feedback consider offering encouragement to complete the evaluation by offering a door prize, coupon, or other incentive. Some providers require an evaluation be turned in before a certificate of attendance is provided. You should aim to build an evaluation culture by rewarding participation in the process. If a CLE provider consistently asks for feedback and does not act on it, attendees may be less inclined to complete an evaluation.

II. Analysis

The information collected allows a CLE provider to better communicate the program's impact to others, which is critical for public relations. Evaluation results are likely to suggest the program's strengths as well as limitations. The analysis should include compiling, tracking and statistical analysis as well as a summary. There is little sense in collecting information that won't be analyzed or used. The summary, as well as copies of the evaluations, should be provided to the program planner and staff for review. Program planners should take this opportunity to obtain an understanding of what the consumer


believes they learned at the program. Compare these results to the program's learning objectives to evaluate the effectiveness of the program design and program planning process. Communicate the results, where appropriate, to faculty to allow them the opportunity to improve what they do and how they do it.

III. Methods of Evaluations

Evaluations can be conducted online or in hard copy (traditional). There are a number of electronic software systems. Each of these systems has different benefits. Emerging research comparing online evaluations with traditional evaluations shows that the two methods are not significantly different. An ongoing concern by participants is anonymity, regardless of the evaluation method.

Traditional evaluations are typically a paper evaluation form provided to participants the day of the program. Participants are encouraged to fill out the form in writing and return it prior to leaving the program. The benefits are that participants can provide a timely peer review while it is still fresh in their minds. A challenge of this traditional evaluation is that collection and analysis of the data is very time consuming.

There are a number of electronic survey tools available that can be used to conduct program evaluations. One of the biggest benefits associated with them is the ease of design and analysis process. Since online surveys involve out-of-class time, participants may be distracted by typical work and simply choose not to take the time to complete the evaluation. On the other hand, this method offers more flexibility and allows for longer and more constructive responses to open-ended survey questions.

Another method is to use audience response systems. These systems allow the participant to respond anonymously to questions using remote control-like, hand-held devices. In a seminar setting a presenter can use this tool to provide formative feedback during instruction and modify their presentation as required. Seeing the responses is a powerful way to obtain feedback on learning and presenting, to build mutual awareness within a group, and to initiate discussion. The provider also can use this tool to obtain summative feedback at the end of each session.

IV. Program Evaluations

Program evaluations should include ratings for the general program and faculty presentation, performance and content. The shorter the evaluation the more likely people are to respond to it. Try to keep questions to a minimum by asking only what truly needs to be known. The types of questions used in a survey will play a role in producing relevant and unbiased survey responses. Questions can be open ended ("how did this seminar help improve your practice?"), closed ended (e.g., quantitative Linkert Scale, yes or no, etc.) or allow for a combination of both. Open ended questions are useful when asking for attitude or feelings. Regardless of the type of questions selected, keep them concise. Outline the intent of the survey in the introduction and create a logical flow throughout.

A. General program performance can include questions relating to overall satisfaction such as:


Would the participant recommend the seminar to a colleague?

Quality of the program

Coverage of topic

Usefulness to practice

Most beneficial aspects of program

Suggestions for improvement

B. The program content should measure its success against the stated learning objectives. Did the topics meet the attendee’s expectations? If not, was the coverage broader or narrower than what was expected? The following areas should be measured:

Coverage of the content

Usefulness of the content

Practicality of the content

C. Faculty need to be evaluated in a peer-to-peer review by the participants that should include questions relating to:

Significance of content (timely, important, new, etc.)

Materials provided (quality, accurate and practical)

Delivery of content (pacing, use of speaking aids etc., teaching methods and styles)

Knowledge (preparedness)

D. General questions can include:

Attendee identification (practice area, demographic)

Suggestions for future seminars (speaker and/or topics)

V. Staff Evaluation of Faculty

When possible, the CLE provider or CLE provider's staff should also attend and evaluate the program. Providers should observe at least some of the program for the purposes of quality control. The presenters may want some feedback from them. Staff members in the room can be valuable to stave off problems before they begin, help moderators keep speakers on schedule, or troubleshoot technology issues. Even if the staff are not adept at handling the


technology, they still should be available for the speakers and know how to contact with the technology person at the facility.

The CLE Staff should be evaluating instructors’ presentation skills (was there an appropriate mix of classroom, demonstration and activity-based learning), the course's pace, the comfort level with technology, and the audience's reaction to the presenter.

VI. Evaluation of CLE Staff

The CLE provider should ensure that staff are trained to provide excellent customer service and make the program a positive experience for attendees. Any complaints should be brought to the attention of a staff person or a higher level colleague who can resolve the problem. Staff should have a clear understanding of the provider's policies. It is preferable to have staff bring the problem to the senior person present, especially if it may involve providing a refund or other action that is to be granted or denied.

The opportunity should also exist for faculty to provide feedback of the CLE staff in all areas including planning, organization, cooperation, communication and on-site support. The faculty should be invited to provide suggestions for improvement and should be specifically asked if their guidelines were sufficiently clear, if the program objectives were clear, and if facilities and staff available were committed to the program.

Faculty should also be invited to provide feedback on the program organization, including their thoughts on the delivery of the program, teaching methods used, and their impression of the audience's reaction to the program.

VII. Best Practices for Evaluating the Learning Environment

Evaluations do not need to be complicated to elicit program feedback. The key questions for evaluating the overall quality of a training program should include the program objectives, learning environment, learning experience, and instructor skill.

Create clear, brief questions and provide concise instructions on how the information will be collected, analyzed and communicated. Collecting evaluations is an important step in the conclusion of a program. The results received should be considered for improving future programs.


Chapter 6 Volunteers and Faculty Management

Program chairs and faculty can be comprised of paid CLE presenters or volunteer members of the legal community. When working with volunteers the 'rules' change slightly. Understanding the reasons behind why people volunteer will help you manage their expectations and attain your goal. Regardless of whether you use paid presenters or volunteers the end product should be the same.

I. Volunteer Members of the Legal Community

People volunteer primarily for altruistic reasons because they care about a cause. Involving volunteer members of the legal community provides them with the opportunity to learn, grow, enhance their status, network, and give back to the legal community. CLE providers should examine what motivates volunteers in order to focus recruitment strategies. The legal community has a long standing sense of loyalty that encourages lawyers to give back to the community. It is recognized by peers and professional associations that some form of pro-bono obligation is required. Use this information to positively present the opportunity to encourage members to volunteer at a program so that it will be attractive to them.

The most common barrier to volunteering is lack of time and unwillingness to make a long term commitment. In a CLE environment anticipate these barriers and modify volunteer roles to suit these pressures. Identify ways to assist volunteers. Focus on short term, one-time opportunities. Be careful not to use the same person over and over again so as not to over burden them. Provide assistance with their presentation so the role is not considered a burden or a time consuming endeavor.

II. Retaining Volunteers

While recruiting top-notch volunteers is critical to the success of a program, retaining them is just as important. Before the program, build sincere rapport and relationships with program chairs, planning committees, speakers and other volunteers. Be conscious of boundaries, the organizational environment, and always be professional in relationships with volunteers.

Two hallmarks of volunteer retention are education and communication. Volunteers want to know and understand why their participation is important to the CLE provider, its organization, and to the legal community. Share with them the big picture, and let them know how and where they fit in. Volunteers may not know much about a CLE provider's organization, so educate them. Volunteers who understand and appreciate the CLE provider's goals, what the provider is trying to accomplish with a particular program, and how a speaker's efforts will help achieve those goals, are more likely to make and maintain a commitment. Throughout the planning process, keep any promises made.

After the program, thank and recognize the volunteers personally and organizationally. Ask them for feedback on the program, the planning process, and what could have been done


differently to improve their experience. Stay connected with these volunteers. Spot an article, accolade or accomplishment of a volunteer? Acknowledge it with a note or phone call.

Respect volunteers as a vital and integral part of your team. To foster continued volunteer engagement, ensure that volunteers' gifts of time, talent and energy will be invested for maximum benefit. Clearly identify their volunteer assignments to ensure there is a shared understanding of what is needed and expected from them. Recognize their efforts in a positive, meaningful and consistent way to mark the importance of their contribution. Finally, evaluate the success of your volunteer program by soliciting and incorporating feedback from volunteers.

III. Recruiting Speakers

Recruiting qualified and talented speakers is critical to the success of any CLE seminar. Some strategies use existing resources and others require further research. Past performance is a good predictor of future performance, so the first step is to consult with others to learn who they think the top speakers are in the practice area. Be sure to consult your ACLEA colleagues for reviews of national speakers. Another resource is evaluation results. Review the evaluations of similar programs from past years to see which speakers stood out. If further research is required, solicit recommendations from other lawyers and judges who know the practice area well. Consult local newspapers and legal publications to see who is writing articles, mentioned in articles, commenting on legal issues, and handling important cases. These publications often print lists of top lawyers, such as “Super lawyers,” arranged by practice area.

In addition to recruiting speakers, volunteer speakers can be solicited. Add a button on the CLE provider's website that allows people to volunteer and propose topic or seminar ideas. Send out surveys that encourage people to volunteer and submit proposals. Another method is to announce at courses or meetings that volunteer speakers are needed.

Regardless of the source for speakers, review their qualifications to ensure they are a good fit for your seminar. The first step is to review biographical information on their firm’s website. This is also a good way to find articles that they have written. Check with their partners or colleagues to see if they would recommend them as speakers. Also check with your state ethics board to ensure that they have not been the subject of any disciplinary action. For a new speaker, try scheduling them as a panelist rather than as a solo speaker, to see how they perform. If they do well, promote them to a solo spot the next time.

IV. Searching for a Program Chair or Forming a Planning Committee

A fundamental step in developing a successful CLE seminar is to select a program chair or form a planning committee that can lead the process of structuring the topics and selecting faculty members.

Comment: Sometimes using co-chairs is effective, with or without the existence of a planning committee. For regularly offered programs, co-chairs can have staggered terms, with one new chair working with one experienced chair. Alternatively, if agreeable, two chairs can serve simultaneously to make this task less demanding.


When selecting program chairs or planning committee members, consider the following sources:

Organization's CLE governing body

Organization’s practice area sections or committees

Sometimes the sections or committees take on the task of planning seminars, making use of their executive committees or a special seminar subcommittee, or finding a planning chair(s). A section or committee can be approached to recruit the program planners. The history of the section or committee will play some role in the program planning process.

CLE Board/Committee

The CLE Board/Committee or curriculum planning group may suggest programs needed to fill out a curriculum plan

Staff within a CLE provider's parent organization

Local law firms

Legal publications

A CLE provider's governing body members can use their networks to select program leaders. Contacts within their firms and the legal community at large are an excellent source. An organization’s practice area sections or committees are another source of both leaders and subject matter experts willing to volunteer or refer you to volunteer candidates.

Organizational colleagues who work with lawyer-volunteers in non-CLE roles can recommend people who may be interested in expanding their volunteer efforts into CLE. An organization’s publications and other legal-oriented publications also offer ideas for CLE topics and people who can lead the process of turning those topics into successful programs.

The suggestions above reflect a personal network and relationships. Additionally, consider actively recruiting program chairs and planning committee members by networking (at programs and events) and asking for volunteers via surveys, emails, and social media outlets. Request referrals and check references for anyone unknown or who has not previously volunteered as a CLE presenter.

V. Guiding the Program Chair or Planning Committee

After selecting the program chair(s) or creating the planning committee, the work of actively creating a program starts.

The CLE provider should be diplomatic when reviewing the program planners' goals and plans and respect the lawyers' expertise in their areas of specialization or experience. Relevant policies and procedures should be shared, as well as what has and has not worked in the past, as this information can help planners achieve their objectives. As noted below,


CLE providers also can provide planners with guides, timelines, due dates, and expectations about the kinds of materials provided to attendees. This process includes:

Reviewing the mission of the CLE provider's organization

Reviewing the goals and objectives of the program

Sharing and discussing pertinent policies and procedures

Setting a timeline and establishing due dates

Sharing input and feedback on potential speakers and topics

Reviewing the mission of the CLE provider's organization with the program chair(s) or planning committee is often overlooked but very important. The development and production of a CLE program should reflect the organization’s mission. Many volunteers are not aware of this mission statement – share it with them!

Work with the program chairs or planning committees to craft goals and objectives for the program. Asking a series of questions and carefully listening to the answers will help you to define the program and what is expected to be accomplished. Some questions to consider are:

Why do you want to present this program?

Why is this topic important to…(the practice area, the bar, the planning group, etc.)? What will an attorney who attends the program learn?

What will s/he be able to do better as a result of attending the program?

Policies and procedures will impact the planning process and the decisions made by the CLE providers and the program chair or planning committee. It is important that the chair and committee members know about them in advance to help meet expectations. Examples of policies that should be shared include: expense reimbursement, payment of honorariums, preference given to local or member speakers, venue selection, and meals or receptions offered in conjunction with a seminar.

Establishing a detailed planning timeline and due dates for critical deliverables are essential to the planning process. Most program chairs and planning committees will look to the CLE provider for guidance to create a timeline. A timeline should be detailed, have assigned responsibilities, and offer some flexibility. Decide early in the process with the program chair(s) and committee members what will happen if some element of the process veers off course.

It is important to share knowledge of potential speakers with the program chair(s) and committee members. If consideration is given to a speaker who has received sub-standard ratings from previous programs, is difficult to work with, or doesn’t deliver on expectations, you should make this known. Likewise, if the chair or committee wants to present a topic or


program unsuccessful in the past, inform them and share the possible reasons why it was not successful.

VI. Expectations for Materials and Presentations

Participation in a CLE program usually involves preparing course materials and making a presentation at the event. Requirements and expectations of course materials should be clearly set out in advance for the presenter.

Materials are one of the most valued features of a CLE program. Apart from being a tangible “take away” from the course, materials provide in-depth analysis on a number of important legal topics and serve as valuable reference/resource materials after the program. In some jurisdictions, materials are a requirement for CLE/CPD accreditation. Appropriate materials will vary from course to course, and may include a combination of the following:

A. Formal paper: It should cover and expand upon the substance of a faculty member’s presentation and should include references to statutes, regulations and relevant cases (statements of principal for which the case stands, headnotes, or reasons for judgment).

B. PowerPoint: A collection of presentation slides supports a faculty member’s presentation by allowing the learners to focus on the key points that he/she will flesh out in his/her talk.

C. Handouts: These less formal written materials can be distributed as a supplement to the registrants and used as a teaching tool. Examples include flow charts, tables, graphs, fact patterns, precedents, forms, checklists, practice points and speaker’s notes.

VII. Deadlines for Materials

It is important to set a deadline date for submitting materials. The deadline is necessary to allow the CLE provider adequate time for preparation and distribution. To ensure that materials are submitted on time, utilize a number of communication pieces (e.g. confirmation of participation letter, volunteer information package, e-mail reminder, etc.) to remind faculty members of the impending deadline date. Once a deadline date has been set, stand by it and do not get into the habit of allowing faculty members a secondary or “drop dead” deadline. The deadline is the deadline.

VIII. The Formal Presentation

The purpose of the presentation is to allow the faculty member to take a few of the most important points that the learners need to know and discuss them in detail. A presenter’s role is to deliver high-quality content in an engaging manner. An effective presentation should include:

A. Content that has been detailed in the learning objectives


B. A logical structure so that learners can understand and retain the concepts being presented; and

C. A delivery that is dynamic and memorable.

Visual aids can be used to effectively clarify, summarize, and speed up the learning. Visual aids can include models, graphs, charts, flowcharts, and pictures. Keep in mind, however, that these are only used to assist in communicating the message. Their use should be limited to only the main points. Overuse of visual aids should be avoided.

It is important for a presenter to leave time at the end of his/her presentation to address questions or comments. The Q&A component of a presentation is an important part of creating a collaborative learning environment. Not only is it important for the audience to have questions addressed, it is another opportunity for the presenter to reiterate main points.

IX. Managing Faculty on the Day of the Seminar

Managing faculty effectively on the day of the seminar can go a long way toward executing a high-quality program. Take off the “program planning and designing” hat, and put on the “program execution” hat.

A. Get There Early

One of the easiest ways to manage faculty effectively is to arrive at the course location well in advance of the start time, become familiar with the venue, complete registration and meeting room set up, and make every effort to anticipate and respond to any faculty questions and concerns.

B. Meet and Greet the Faculty

When faculty members arrive the first role is to serve as a host. If possible, greet each of them personally when they arrive and make them feel welcome and comfortable. Show them the location of coat racks, restrooms, and catering. Introduce them to the CLE team, fellow faculty members, and provide them with any necessary last minute details.

It is important to appreciate that the needs of individual faculty members may vary greatly. Some are very seasoned presenters, comfortable speaking to a large audience, and require very little support. Others are much less comfortable speaking in public, appear anxious and nervous, and may require more hand holding. Try to set their minds at ease, and convey a sense that everything is under control, even if that isn't entirely the case!

C. Be Ready For Last Minute Changes

Speakers often show up at the event with last minute changes (e.g. a new or updated paper, PowerPoint presentation, and/or other materials) and expect to have this dealt with effectively. Be ready for such changes and develop internal workflow processes


in advance so that when such curve balls arrive there is an appropriate response. For example, a CLE provider could be running a program simultaneously as a live face-to-face event and as a live online webinar. If a speaker shows up with a new PowerPoint presentation on just a memory stick or printed handout 10 minutes before his/her presentation and says, “I need this up,” design a workflow system so that the PowerPoint presentation is accessible in some form to both the face-to-face and remote audiences.

There also may be difficulties with the speakers. A speaker may be unexpectedly caught up in court or traffic, or suddenly fall ill. There should be a strategy in place involving the entire faculty in the event that one of the presenters shows up late or doesn’t show up at all. This could range from placing a late arriving panel speaker at the end of the head table (compared to a seat in the middle or next to the podium) to facilitate the least disruption when he or she arrives, to rearranging the order of the speakers if the late arrival is the sole presenter. Another option is asking a speaker already at the seminar to extend his or her presentation (assuming there is sufficient material to do so) until the absent presenter arrives.

D. Before the Presentation

Accompany faculty members into the meeting room and explain the day's format. Take those who have provided you with a PowerPoint presentation up to the head table, load the individual PowerPoint presentations, and have faculty practice forwarding them. This helps increase a speaker's comfort level with using what could be unfamiliar technology. Ask if anything else is needed, and then allow the speakers space to collect their thoughts and focus.

E. During the Presentation

Be prepared to make any necessary AV adjustments and/or ask, write a note, or signal to the speaker to speak up or to speak more softly.

When asking questions, some attendees forget to speak into a microphone. Remind your presenter that if this happens, to repeat that question into a microphone before answering it. It is annoying for an audience to hear a response to a question without hearing the question first.

F. Time Checks and Wrapping Up

One of the most common problems that can arise is the failure of an individual speaker to properly estimate speaking time. For example, the speaker is allocated a total of 30 minutes, and it takes 10 minutes just to get through the introduction. This problem can be addressed prior to the course by reminding speakers of their allotted speaking time; emphasizing the importance of remaining within that time (e.g. CLE/CPD requirements, respect for fellow speakers, etc.), asking speakers to rehearse their presentation in advance, and budgeting time for questions within the allotted time.


During the program the use of a stopwatch, strategically placed small clocks on the head table and podium, cue cards (e.g. “5 minutes”, “2 minutes”, “1 minute”, and “Please wrap up”), or some other device to signal time checks for the presenter can be very helpful. At some point, the CLE provider may need to intervene. Politely ask the speaker to wrap up and advise the need to move on.

If a program is running over, subsequent speakers can be asked to shorten their presentation times but do not expect that this will happen. Depending upon the program schedule, an alternative would be to shorten a 15-minute break to ten or five minutes or cut some time from the lunch break to make up for lost time.

X. After the Presentation

Once a speaker has finished, make an effort to personally acknowledge their contribution to the program. This can include a simple handshake and a personal word of thanks, presentation of a small gift as a token of appreciation, or some other gesture of thanks. Small acts can go a long way toward building a relationship with the speaker. A current speaker could be a future presenter at many more programs in the years to come.

XI. Reimbursement Policies

When working with national speakers, there are a number of options for paying for travel expenses to be considered when negotiating with the speaker. Travel expenses could be included in the fee, a travel stipend offered, reimbursement of all expenses, or a limitation could be set for what will be reimbursed. In some instances a CLE provider or its parent organization may have policies regarding what is eligible for reimbursement.

Specify in writing exactly what will and will not be reimbursed. Include these provisions in the speaker’s contract and also in any confirmation correspondence to them. The clearer a CLE provider is with expenses the less likely there will be misunderstandings or problems.

For local speakers a CLE provider should also be clear about what, if any, travel expenses will be reimbursed. In some cases, local speakers may be offered a small travel stipend to cover mileage, parking fees, and food costs, or they may be reimbursed individually with proper documentation. Again, a CLE provider or its parent organization may have policies regarding expenses eligible for reimbursement.

XII. Speaker Training

Offering education to your faculty on how to become a better presenter will aid to ensure you have a high-quality finished product. Some organizations provide formal speaker training programs to their faculty and others provide print or video resources for presenters. The resources should identify the best qualities of a speaker and aid in providing a high-quality and engaging delivery. This material can include tips on how to engage the audience, pitch content at an appropriate level, incorporate visual aids, organize key points, and overall presentation skills such as eye contact, voice inflection, posture and the use of humour.


XIII. Best Practices for Volunteer and Faculty Management

Volunteers are the foundation for many CLE providers. Without volunteers sharing their knowledge, experience, and expertise, CLE providers would be hard pressed to provide sufficient CLE/CPD to meet the needs of lawyers. CLE presenters can be recruited from a variety of organizational sources, both internal and external. Careful selection of program chairs and faculty, a structured planning process, and detailed execution of the program can result in a high quality of education for the audience and a positive experience for the presenter.


Chapter 7 Marketing

As the competition for a lawyer's CLE resources increases, marketing is key not only to the success of an individual program but also the overall financial health of a CLE provider. Successful CLE marketing creates not only brand awareness but also customer loyalty. CLE marketing should consider the following:

I. Targeting A CLE Audience

Targeting a message to register for a CLE program is an effective and cost-efficient way to pinpoint potential registrants. While in some instances a shotgun approach might work for program topics that are very general in nature (ethics, legal writing, persuasion skills, business development, etc.), focusing on a specific audience and demographic will provide a greater return on marketing efforts. “Who should receive my message” is one of the most important marketing decisions one can make.

II. Identifying Your Audience

Since the main goal of a program is to provide continuing legal education, the primary target audiences are lawyers and paralegals. By filtering that audience the marketing message becomes even more directed. The MCLE reporting cycle dates is a good example of a filter. Attendance at CLE events increases as reporting dates near. This can be a good time to schedule programs with a wide general appeal such as ethics, skills programs, law practice management, time management, as well as substantive law programs. MCLE reporting requirements such as specific CLE requirement in a jurisdiction, e.g., ethics, diversity, practical skills, etc., also can be a way to identify a CLE audience.

State bars can usually provide lists of sections (litigation, tax law, estate planning, etc.), although the price for obtaining this information varies from state to state. The type of practice, such as civil versus criminal or private versus government, can also help target the message. The number of years lawyers have been in practice can be very helpful when marketing certain levels of courses, such as an advanced institute to experienced practitioners or introductory skills to new lawyers. In some areas, geographic location can also yield target audiences. CLE providers in high density areas with multistate bar members will want to draw upon those neighboring states.

And what better way to identify a potential audience than those who attended a previous seminar?

By using multiple filters and drilling through the layers, CLE providers can pinpoint a target audience from among a much larger general bar membership.

In addition, a number of other professions have accreditation standards, and CLE programs may qualify for their continuing education credits or units. Consider including these groups in the target audience if contact information is available. Examples of other professionals


possibly interested in CLE programming are accountants, financial planners, insurance professionals, real estate and human resources professionals, and private investigators. Continuing education requirements will vary from state to state, as well as levels of professional certification.

III. Crafting A Message For The CLE Audience

The ultimate goal of any CLE provider’s message is “register for this program!” It is the program provider’s call to action. Crafting a call to action need not be lengthy, but it should contain sufficient information to encourage the reader to make a decision. In a nutshell, a CLE provider needs to answer the five Ws: who, what, when, where, and why.

A. The “Who” tells the audience that the seminar has subject matter experts. Highlight the speaker’s expertise and any other special features that distinguish the program from competitors.

B. “What” the speakers will discuss should clearly identify the program’s learning objectives or benefits. Work with the speakers and encourage them to think in terms of providing benefits rather than simply transmitting information.

C. “When” is a matter of timing. Be strategic as you plan your annual course calendar, as programs scheduled closer to CLE reporting deadlines tend to attract more attendees. Plan seminar dates to avoid government and religious holidays, if possible. Schedule annual events in the same week each year to establish a tradition. Regular attendees will come to expect that the program will take place that week and will be more likely to attend.

D. “Where” should be geographically convenient for the attendees of a live event (don’t forget to evaluate parking and mass transportation options). Also, highlight other virtual or physical locations that are available (e.g., home or office via webcasts or replays in a certain area or region).

E. The first four Ws are essential program details. The craft of marketing, however, is inherent in the fifth W: “Why should the reader attend the program?” The CLE provider’s job is to succinctly answer this question. The key is to emphasize attendee benefits. The best marketing language appeals to the reader’s self-interest. Consider how the program will solve a reader’s problem. Write that they will gain insights into an important new case, learn or improve a critical skill, get better results for clients, or reduce their stress. Make sure the focus is on how the program will benefit the reader.

Use active, rather than passive, language in the program description. “The speakers will discuss the Smith case” conveys more energy than “The Smith case will be discussed.”

When crafting a call to action, keep in mind that less is often more. Concise descriptions, coupled with white space and the judicious use of graphics, actually allow the reader’s eyes to “breathe” and better process the information. Presenting a reader with competing elements, such as large quantities of text, multi-colors, different font sizes, exaggerated


punctuation, and large graphics, can be overwhelming and obscure the call to action. As a result, the reader might abandon the communication prematurely.

Never underestimate the importance of working with a talented graphic designer on brochure design. If resources preclude dedicated in-house design expertise or working with a third party, ask around the organization to tap into other staff that have a side interest or experience with design elements. Or, if the marketing pieces are self-formatted, become familiar with the basic principles of graphic design.

IV. Sending The Message To The CLE Audience

The type of message and how frequently to send it is a balancing act and very dependent on audience communication preferences.

A. What media should be used?

Marketing messages can be sent in a variety of print and electronic formats. While a potential audience may have a preference for one format over another, sometimes finances or organizational policies dictate the medium. Ideally, the call to action (“register for this program”) is presented to a potential audience in several different formats over a period of time. Using more than one medium or more than one channel to reach people will help ensure that the message gets through.

1. Brochures and Catalogs: Many CLE providers choose to produce and mail a separate marketing piece for each CLE program or event they develop. This strategy allows for a targeted marketing campaign to those who have shown interest in similar events in the past or who are likely to be interested in the event. There are, however, occasions when it’s wise to advertise multiple events on one marketing piece. One example is a series of related courses, as in estate planning. Another example is a series appealing to certain groups, such as basic-level courses for new attorneys.

Some CLE providers choose to publish monthly or quarterly catalogs that advertise their upcoming seminars. This strategy allows them to market all of their seminars to all of their customers. The risk in this less-targeted approach is that recipients may not open the catalog or notice a particular seminar in it.

While printing and mailing marketing pieces is generally more expensive than email or social media marketing, it may be more effective at getting audience members’ attention in a sea of electronic notices.

2. Email Marketing: Email marketing is a popular strategy for CLE providers. It is very inexpensive compared to mailing printed brochures and allows a CLE provider to easily target specific groups.

CLE providers must comply with the CAN-SPAM Act. CAN-SPAM stands for "Controlling the Assault of Non-Solicited Pornography and Marketing." The law was enacted in January, 2004, and sets forth requirements for


sending out commercial emails. The law covers email where the primary purpose is to advertise or promote a product, service, or website. Transactional or relationship messages, which are emails that pertain to agreed-upon transactions or emails that update an existing business relationship, are allowed under the Act. CLE providers should be careful when sending emails to customers with whom they do not have an existing business relationship.

3. Social Media Marketing: Social media marketing within the CLE industry is growing. It offers engaging and immediate ways to connect with an audience, create content that is fun and informational, and publicize a product or service. This marketing platform, founded on Facebook and Twitter, will continue to evolve and may be an effective way to reach some target audiences. Facebook pages allow CLE providers to update customers who have Facebook accounts about future seminars. Twitter accounts allow CLE providers to “tweet” (send short messages) to their followers (those who have signed up to receive updates.) The benefit of social media marketing is that it is audience-driven and potentially interactive. On both Facebook and Twitter, those receiving the message have indicated that they were interested in getting it. The audience is encouraged to respond to the message and forward it to others. This interaction creates more of a two-way relationship than traditional direct marketing and allows for further distribution of the message to potential registrants. In addition to general Facebook pages and Twitter accounts, some CLE providers have created Facebook pages and Twitter accounts for specific events.

4. Websites: In addition to primary business websites, some CLE providers have created websites dedicated to specific seminars or events that contain information on the event, links to faculty bios, directions to the venue, and other details.

B. How Frequently Should a CLE Provider Contact a Potential Audience?

Most marketing efforts are either mass marketing that appeals to an entire market and uses mass media to reach it (e.g. advertisements in an online or print newspaper) or direct marketing that targets a specific market segment and communicates to individuals in that segment by using methods such as emailing/mailing a brochure, interactive consumer websites, or online display ads. The effectiveness of a mass marketing campaign (e.g., did it generate a call to action?) is more difficult to measure than direct marketing, but it can help raise awareness about CLE providers and their events.

Technology has greatly expanded the ability to send and receive messages compared to when print was the sole source of CLE marketing communications. One concern with email marketing is the temptation to send too many emails. Readers can become desensitized to repetitive messages, and frequent emails may result in the sender being blocked by customers or generate a request to be removed from a marketing


list. One way to counteract this fatigue is to establish social media sites. Using social media can keep an audience from becoming bored or disinterested with a CLE provider’s marketing messages.

V. Evaluating The Message

Whatever communication methods and frequency are ultimately selected, measuring audience responses to these messages is vital. This can be as simple as tallying a two-digit code included on a brochure’s registration form or as sophisticated as tracking the various levels of click-through responses from an email announcement. Commercial email marketing services can help CLE providers manage their email marketing and provide analysis of open rates (number of emails that are opened), click-throughs (number of times that links within the email were clicked on), and registrations. Whether the media is print or electronic, without such feedback CLE providers may be unable to accurately evaluate their marketing efforts, revise existing communications, or create new marketing strategies.

VI. Best Practices for Marketing

CLE program marketing is a dynamic and ever changing environment. CLE providers who are flexible and creative with marketing resources will recognize an audience's preferred methods of communication, which in turn will shape and drive marketing strategies. The goal is to differentiate a message from the clamor of competitors and convince busy lawyers and legal professionals that this CLE program is the best choice for them.

Top Ten Things You Need to Know about MCLE

Presented By:


Chicago, Illinois




Chicago, Illinois

Gina Roers-Liemandt is the Director of MCLE and Professional Development for the American Bar Association, where she oversees a team of 20+ staff responsible for the creation of more than 300 programs, and accrediting more than 700 CLE programs in all formats (live in-person, live webcast, and on demand), across all US regulatory agencies and several international accrediting agencies to support a membership of more than 400,000 as well as non-member attorneys across the US and world. As a nationally recognized expert on the rules and regulations regarding MCLE, she has created and delivered numerous informative and entertaining presentations to a wide variety of audiences. Gina is a Director on ACLEA’s Board of Directors, as well as co-chair of the Nationals SIG, chair of the Membership Outreach Committee, and has held numerous other leadership roles within the organization.

What’s a Credit and Why Should You Care?

Gina Roers-Liemandt Director, MCLE and Professional Development

American Bar Association Chicago, Illinois


February 10, 2018San Antonio, Texas

The delivery of CLE credits is probably the most visible and requested responsibility for most CLE providers (and ultimately what everyone expects when they come to any organization’s CLE program).

What makes accreditation in the US so difficult? CLE, like most other aspects of attorney rules and regulations, is locally regulated. Each jursidiction determines who can be a lawyer, how they become one in that state, and what rules apply to attorneys in order to keep their license. This means that there are 50 states (not to mention the other jurisdictions in the “United States” (like Washington DC, Guam, Virgin Islands, Puerto Rico, just to name a few) for which you need at least a basic understanding of the rules. And by far the biggest challenge is the fact that there is no consistency among US jursidictions.

There are a variety of rules and regulations that govern continuing legal education: how many credits are required, are specialty credits required, how long is the reporting period, can an attorney carry forward additional credits…the list goes on. Look at the maps (attached as appendix A) to see how varied the rules are across jurisdictions.

So why should you care about credits? Because your customer do. It’s as simple as that. CLE credit is rarely the primary reason that an attorney will select a program. But if he or she is taking the program, they want to get credit, and they want that process to be as easy for them as possible.

Then how do you best support your customer in this area? First, you have to realize that you can’t be everything to everyone. You need to know where you are going, where you are now, and then create a plan to get there. That is, of course, a gross simplification, but without this plan, you can get lost among the requests for every type of credit under the sun, constantly reacting to customer requests instead of following your plan to ensure the success of your organization.

When you are looking at where you are going, look to what your organization can do better than any other. If you take the time to visualize the future, you will know where you are headed, understand the customer focus you should have, the market position you should try to occupy, the activities to be pursued, and the capabilities you plan to develop.

But in order to move into that future and create the strategic plan to get there, you also must understand where you are now. Look at what is happening, both internally and externally, to determine how you need to shift and change.

There are many ways to do this, but a SWOT (Strenghts, weaknesses, opportunities, and threats) analysis helps you look critically at your organization.

Be realistic about what you do well and where you have challenges, what are your resources, what is happening in the world that might affect your organization. Next, we profile your customers. You need to meet your customers’ needs and wants better than anyone else can do. Meet with focus groups with several of your key audiences to learn how you can uniquely provide value to your customers. Knowing how you’ll reach your vision is the core to any strategic plan, but it is also the most time consuming to develop. There are a number of routes from your current position to your vision – choosing the right one determines how quickly or slowly you will get to your final destination. Write goals. These are the stair steps to your mission and vision. Goals should be SMART (specific, measurable, attainable, realistic, and time-bound). Effective goals should state how much of what kind of performance by when it is to be accomplished and by whom. Write a to-do list for each goal. Assign responsibilities and deadlines to ensure implementation. And if you write goals that are measurable, you will be able to put these measurements and targets on a score card and keep track. Actively track your progress on a regular basis. Finally, strategy must become a habit. The plan needs to be supported with people, money, time, and above all, communication. Communicate the plan to everyone on your team, and hold regular strategy meetings to report on progress toward your goals. When doing a task or project, each member of your team needs to ask “Does this help our organization meet its goals?” If your team member can’t answer this question in the affirmative, then it isn’t a task or project upon which they should be working. Your team must also be willing to question processes that don’t lead to achieving your goals. There are four additional points to consider to best ensure that the credits you do determine you want to offer will be approved by state regulating authorities:

I. Know the Rules and Keep Up with Changes II. Help Set the Agenda and Monitor Content Creation III. Be Prepared to Troubleshoot Problems IV. Relationship Building with MCLE Boards

I. Know the Rules and Keep Up with Changes The most challenging aspects of accreditation are the complexity of the rules, and the fact that there is no national standard for MCLE. Each state has created its own requirements, rules and regulations regarding credits. Each jurisdiction has its own special foibles and knowing these can mean the difference between maximum credits and no credits. For your frequently used MCLE jurisdictions (states where you have law offices or from where you draw the majority of your attendance), know the rules inside and out. Get a copy of the rules, regulations, FAQs, etc… and read them cover to cover. I suggest doing this once a year even if you are familiar with the rules – just to refresh and to ensure that you are aware of any changes. Use a highlighter to accent unique or critical points and develop a “cheat sheet” for each jurisdiction that can serve as “cliff notes” to what is important if you are ever unavailable. Everyone knows the basic requirements that most MCLE applications require: written materials, evaluation form, sign-in record, distraction free environment, etc. – but for example, in Georgia a program must be at least 60 minutes long to be accredited – a 59 minute program gets Zero credits – that’s important to know. There are several resources available to providers regarding the rules. CLEReg (the Continuing Legal Education Regulators Association) has created an online resource guide for providers. This guide is a subscription service and may be purchased for $49.99 per year. The contents of the guide have been compiled directly by the MCLE regulators. If you have a new jurisdiction for which to account, I suggest going to Reqwired.com (subsidiary of Thomson Reuters) and click on “Resources” – a great compilation of MCLE information by state. This is a free resource available to the public – you don’t have to be a Reqwired subscriber to access. You can Ctrl-F and search for particular questions you may have on a jurisdictions’ MCLE. There are direct links to web sites of the jurisdiction and contact info. Take the extra time to read the rules/regs at least once and use the highlight, cliff note technique. [NOTE: This resource is still publically available, but no longer maintained by Thomson Reuters as they no longer sell this product. Be aware that it may be out of date as it was last updated in 2015.] Reqwired also provides links to “fillable” application forms for each state. While some states do accept Form 1 applications, most prefer you use their version of the application.

You need to know the rules as well as the regulators do – so you can request credits in the “language” of that jurisdiction. Example – 50-minute v. 60-minute jurisdictions. Resources: 1. State Bar Websites 2. State Regulatory Authority Websites 3. CLEReg Website (https://www.clereg.org/) 4. Reqwired Rules Summaries (http://www.reqwiredlegal.com/reqwired/resources/) [NO LONGER MAINTAINED] 5. West LegalEdcenter Rules Summaries (http://westlegaledcenter.com/requirements/requirements.jsf) 6. ABA Rules Summaries (www.americanbar.org/cle/mandatory_cle/mcle_states.html) 7. Gina’s CLE Blog (http://www.ginascleblog.typepad.com) [NO LONGER MAINTAINED] 8. ACLEA Website (http://www.aclea.org) 9. Twitter – tracking services, like Tweet Beep (www.tweetbeep.com) 10. Google Alerts (www.googlealerts.com) II. Help Set the Agenda and Monitor Content Creation The naming of a program or session is oftentimes the first thing a reviewer looks at when judging content for credits. Which do you think will be given credits? – “Milking Your Clients for Extra Billables” or ”The Ethics of Professional Client Communication on Fees”? Certain jurisdictions don’t award credit when food is served, for introductions, or for questions and answers periods (or limiting of same) – know these particulars and set the agenda to fit the credits. Example: Shorten the lunch to 30 minutes and have it box style – so folks can grab, eat, and toss before the substantive sessions restart. Or if a program is only planned for 50-minutes, restyle it to have a Q&A extending it for 60-minutes so states that work on 60-minute credit hour will give full credit. Getting a written description, timed agenda, and even learning objectives from your speakers will go a long way to assisting you in the application process. The more detailed the information provided, the better for you and the more likely the state will approve credit. Oftentimes this is the only information the state is using to determine eligibility, so be aware that detail here can make or break your program accreditation. Speaker biographical information (resumes, CVs, and the like) are required by some accrediting authorities, so know which states do.

https://www.clereg.org/

http://www.reqwiredlegal.com/reqwired/resources/

http://westlegaledcenter.com/requirements/requirements.jsf

http://www.americanbar.org/cle/mandatory_cle/mcle_states.html

http://www.ginascleblog.typepad.com/

http://www.aclea.org/

http://www.tweetbeep.com/

http://www.googlealerts.com/

Program materials are the most difficult area from a credit perspective. How much is enough? What will qualify? What will regulators determine is insufficient? The rules give some guidelines, but many times this is where you get the most resistence from your speakers, who often do not want to prepare ANY materials. How do you persuade them to do so? If the speakers understand that credit will not be offered without sufficient materials and that this will affect attendance, they are usually willing to provide you the necessary documentation. Virginia, which has very strict rules, particularly regarding written materials, has provided an Opinion (MCLE Opinion 14, attached). New York has also prepared a helpful document that references materials. The document (New York CLE Faculty Information, attached) was created by the New York State MCLE Board for providers to give to faculty to assist them in their course preparation. If you can meet the Virginia and New York requirements, your materials should be sufficient to meet the rules in any MCLE jurisdiction. III: Be Prepared to Troubleshoot Problems One area for which you should be prepared to troubleshoot is for credit denials. Depending on the jurisdiction, programming could be denied for all or a portion of requested credits if they fail to meet certain criteria (written materials, taught by attorney, time length, etc.).

• Preventative – To reduce the potential of credit denial, develop a standardized program checklist which covers the necessary components for MCLE for all your jurisdictions (example – all jurisdictions may not require written materials, but enough do – that you should require all programs to submit them.)

• Preventative – When you think something may not get full credits or may

be denied specialty credits – in your application, quote the applicable rule in the jurisdictional requirements that apply to the section of the training you believe meets that requirement.

• Preventative – Be descriptive and on point in your titling of the program

when you believe the content reflects CLE worthiness or specialty credit attention. (example – use “The Ethical Consideration of Attorney Client Privilege” instead of just “Attorney Client Privilege”; “Improving Client Communications and the Professional Image of Attorneys” instead of “Marketing to Clients”.)

• Preventative – Until you have those precious CLE credits in your hand,

make sure in all communications to attorneys you post a disclaimer –

“CLE credits are being applied for.” Do not promise the availability of specialty credits or number of credits until you have approval.

• Damage Control – Discover why they ruled against credit in the first place.

Make sure you fix whatever it was that prevented credits so it does not happen again with future similar programs.

• Damage Control – Let your attendees know that CLE credit was not

granted as soon as possible. Best Practice is to simply alert the attorneys with a courtesy email. “Dear Attorney, the recent program Attorney Pitfalls was not awarded CLE credit by The State Bar. Please let us know if you need additional credits to meet your compliance requirements and deadline. A variety of CLE programs and credit options are available through…”

Another area of which to be aware for troubleshooting: content issues. You may be precluded from even sending in an application because of any number of factors which would normally have a program denied credits (as previous – no written materials, not taught by attorney, time length too short… or deadline for application passed, in-house program, non-CLE topic, etc…) Depending on the situation you have three options: (1) augment program to cure problematic issue (example – postpone so application deadline can be met); (2) bite-the-bullet and recognize CLE can not be awarded; (3) apply anyway and hope that the MCLE Board will be lenient.

• Damage Control (augmentation) – For example: If obtaining credits is critical to the program and you are sufficiently sure rescheduling will not adversely effect speaker, attendance or content – get everyone on board quickly and set a new date that will allow for proper CLE application. Likewise many other deficiencies can be cured (non-attorney speaker replaced) but often require delay in program.

• Damage Control (bullet biting) – When a program cannot be awarded CLE

– immediately alert the attendees. This alert can go in program announcement – “this program unavailable for CLE credits” – but always put such on sign-in sheets – boldy. If attendees want to know why credit cannot be awarded, it’s typically better to stay generic and blameless – under “X” jurisdictions MCLE rules and regulations this program doesn’t meet all the criteria for credits. If pushed – stay generic – example – marketing programs cannot get credit in Georgia.

• Damage Control (apply anyway) – Many MCLE Boards leave themselves wiggle-room on the compliance checklist. Example – some jurisdictions may award credits without written materials. Oftentimes you can still apply

and be awarded CLE credits without meeting all the requirements. Depending on your MCLE Board, you can either submit minus the information or submit with explanation of why “x” is missing. Caveat – never deceive or mislead in the application process. Whatever approach you take, make sure your presenter knows you are trying and that credits likely may not be awarded and why.

IV: Relationship Building with MCLE Boards Every business today is a relationship business. The quality and impact of your work, and the efficiency of your business, depend upon relationships – including, of course, your relationship with the MCLE Regulators. People with strong relationships get things done more effectively, and they learn from others with different knowledge and experience. While we’d like to think that our work speaks for itself, building these professional relationships is essential to creating and maintaining a solid CLE program. There are several key rules to consider when establishing strong business relationships:

• Consider What’s in it for Them • Be a Real Person • Be Sensitive to Context • Get to the Point • Look to the Long Term • Maintain Through Contact

A. What’s in it for THEM?: Don’t worry about what’s in it for you, think about what’s in it for them. Establishing a strong business relationship with the MCLE director and staff is about learning how to best work together so that the Board gets what they need from you, and you get what you need from the Board. This relationship is built upon shared purpose and mutual goals. B. Be a Real Person: Not just a company or organization. Relationships are formed between individuals, not institutions. Get to know the people with whom you are interacting, and let them get to know you. A good relationship is easier to maintain if both parties share some mutual interests. C. Be Sensitive to Context: Always be aware of and responsive to the person or people you’re talking to right now, and the conditions in which you’re relating to them. Are you nearing a

compliance period or the end of a grace period? Have deficiency reports just been mailed to a thousand non-compliant attorneys? Is the staff at the Board trying to get out the door for the long holiday weekend, just as you are? D. Get to the Point: Be sure to take no more time than you have to and don’t beat around the bush. Staffing at the regulatory boards is typically minimal, particularly with regard to the number of attorneys and providers with whom they have to deal. Add to this the number of applications a state may see at any given time. Treat any time you have to interact with the regulatory staff as valuable – because it is. E. Look to the Long Term: Building strong relationships is an ongoing process, not a one-time event. One principle with which we are all familiar is that you must sow in order to reap. It makes no sense to go out into your garden to pick tomatoes if you never planted any. Again, it is not about what you can get from the relationship, but about having positive contacts from whom you can get answers to questions, learn best practices, and receive accurate feedback about your courses, applications, processes, etc. F. Maintain Through Contact: Re-connect with people periodically. Let them know what you’re up to, and show a genuine interest in what they’re up to. Don’t drop a connection because you don’t have an immediate need – you never know when you will have a question or an issue, or the state will have a rule or process change. Regular contact with the accrediting boards will ensure that you are kept aware of any changes, and will give you a contact to whom questions may be directed, often for more quick resolution than with a general inquiry.

New York CLE Faculty Information

Please take five minutes to read the information below regarding your upcoming CLE presentation. We want to be sure that we will be able to issue CLE credit for your presentation. WHAT CLE SPEAKERS NEED TO KNOW A. Objective

The program shall have significant intellectual or practical content and its primary objective shall be to increase the professional legal competency of attorneys in ethics and professionalism, skills, law practice management and/or areas of professional practice. New York State CLE Board Regulations & Guidelines § 8(A}(4)(b) (emphasis added). B. Written materials

i. Materials shall be prepared or compiled specifically for the accredited course or program, and shall specifically address each topic presented in the course or program; ii. Materials shall be prepared or adopted and approved by the speaker and shall be distributed to the attendees at or before the time the course or program is to be held, unless the absence of materials, or the provision of such material shortly after the program, is approved in advance by the CLE Board; iii. Materials shall reflect that they are timely or that they have been updated with specific reference to the course or program; iv. Materials shall cover those matters that one would expect for a comprehensive and professional treatment of the subject matter of the course or program; and v. Brief outlines without citations or explanatory notations shall not constitute compliance with Program accreditation criteria. New York State CLE Board Regulations & Guidelines § 8(A)(4)(f) (emphasis added).

C. Important Reminders • PowerPoints are best used as visual aids and to supplement substantive

written materials. • Programs that are promotional in nature or that focus on business

development or networking are not eligible for CLE credit.

• Please be sure to repeat all questions from the audience. Remember that the presentation must include at least 50 minutes of instruction time in order to issue one CLE credit. Experienced New York attorneys (admitted more than two years) may earn three credits for presenting a 50-minute program.

WHAT WE NEED FROM YOU

1. Jurisdictions and dates of all Bar admissions

2. Short (one-paragraph) bio

3. Short (one- to three-sentence) description of course

4. Timed agenda for your presentation (time allotted for each topic)

5. Whether the target audience for your presentation is newly admitted attorneys only, experienced attorneys only, or both newly admitted and experienced attorneys

6. Written materials (submitted for approval at least one week before the

program)

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT: Name (CLE coordinator/administrator): Address: E-mail address: Telephone number: Fax number:

MCLE OPINION 14 - REQUIREMENT FOR WRITTEN MATERIALS

The Supreme Court of Virginia has required by Rule of Court that courses or programs qualifying for MCLE credit must provide attendees with written educational materials which reflect a thorough preparation by the provider of the course and which assist course participants in improving their legal competence. Paragraph 17(H)(3) of Section IV, Part Six, Rules of the Supreme Court of Virginia. In compliance with this mandate, the MCLE Board has promulgated Regulation 103(f). That provision provides:

Thorough, high quality instructional materials which appropriately cover the subject matter must be distributed to all attendees at or before the time the course is presented. A mere agenda or topical outline will not be sufficient.

Although courses of shorter duration may require less lengthy materials, this requirement must be satisfied by courses of any length in order for MCLE credit to be granted.

The purpose of the requirement of written materials is threefold. First, it insures thorough course preparation by the provider. Generally, the provider must furnish materials prepared specifically for the course and the subject matter addressed. The distribution of copies of cases or statutes without customized materials is not acceptable. A second purpose of this requirement is to insure that the attendees will be provided with materials which are useful after the course is completed. Materials provided should be sufficient to assist the attendee when questions regarding the particular subject matter covered are raised at a later date and to serve as a general resource after course completion. The third reason for this requirement is to allow the MCLE Board to evaluate the quality and nature of the course and the actual subject matter being covered. Occasionally neither the title of the course submitted on an application nor the agenda for the presentation provides sufficient information about course content to allow evaluation. The review of the written materials provided to course attendees allows the Board to assess the quality and subject matter of the course and to insure that the topics addressed are appropriate for accreditation purposes.

In determining whether written materials are adequate, the Board will also consider the teaching method employed. For example, materials appropriate to

participatory skills development courses, such as a trial advocacy course, will differ from a course where a straight lecture method is employed. Moreover, courses in which role-playing or other interactive teaching methods are employed will have varied materials.

Several recurring problems regarding the provision of instructional materials, however, have come to the Board's attention.

a) Written materials which contain only hypotheticals will not satisfy this requirement. While the discussion of hypotheticals can be an appropriate teaching method, written materials including only hypotheticals to be discussed will not suffice as thorough, high quality instructional material. On the other hand written materials in which the hypotheticals are accompanied by (1) course materials which assist the understanding of the subject matter and have reference value to the participants or (2) course materials which provide a thorough written discussion and/or responses to such hypotheticals may satisfy this requirement. Such written discussion or responses to hypotheticals may be provided to the participants separately at any time up to the time of the conclusion of the course.

b) Bibliographies or a list of other reference materials, such as internet sites, standing alone, will generally not suffice as thorough, high quality instructional material. Similarly, sample pleadings, without instructional materials are inadequate to satisfy this requirement.

The requirement to provide written materials can be satisfied by providing printed copies or copies stored on electronic media. It may also be satisfied by allowing attendees access to a web site or other area where electronic copies are available for downloading. In the event that a provider does not provide printed copies to all course participants, such copies must be made available to any attendee who requests them.

[Paragraph 17(H)(3) of Section IV, Part Six, Rules of the Supreme Court of "Virginia; MCLE Regulation 103(f)].

Revised 02/11/02, Updated: December 7, 2007

From: http://www.vsb.org/site/members/mcle-opinion-14

Guidelines for Instructional Materials Kansas Supreme Court Rule 804(g)(4) requires that “thorough, high quality, readable, useful, and carefully prepared instructional materials must be made available to all participants at or before the time the program is presented, unless the absence of such materials is recognized as reasonable and approved by the Commission. A brief outline without citations or explanatory notations will not be sufficient.” This requirement must be satisfied by all courses, regardless of duration, in order for CLE credit to be granted. Exceptions to the requirement must be determined well in advance of the activity. The purpose of the requirement of written materials is threefold. First, it insures thorough course preparation by the provider and presenter. Generally, the provider must furnish materials prepared specifically for the course and the subject matter addressed. The distribution of copies of cases or statutes without customized materials is not acceptable. Second, it insures that the attendees will receive materials that are useful after the course is completed. Materials provided should be sufficient to assist the attendee when questions regarding the covered subject matter are raised at a later date and to serve as a general resource after course completion. Third, it allows the Kansas CLE Commission to evaluate the quality and nature of the course and the actual subject matter being covered. Occasionally, neither the title of the course submitted on an application nor the agenda for the presentation provides sufficient information about course content to allow evaluation. Review of the written materials provided to course attendees allows the Commission to assess the quality and subject matter of the course and to insure that the topics addressed are appropriate for accreditation purposes. The requirement to provide written materials can be satisfied by providing printed copies or copies stored on electronic media. It may also be satisfied by allowing attendees access to electronic copies available for downloading. The materials must be delivered to the attendee before or at the program. In the event that a provider does not provide printed copies to all attendees, such copies must be made available to any attendee who requests them. If there are no written materials for the program, no CLE credit will be granted. For questions or comments regarding these guidelines, please contact the Kansas CLE Commission, 400 S Kansas Ave, Ste. 202, Topeka, KS 66603. 785-357-6510 www.kscle.org

Rev. 7/2011

MCLE JURISDICTIONS Number of Credits Required Per Year

Non-MCLE

11

8.3

3m/9v

10

12

12.5 14 15

MCLE JURISDICTIONS Compliance Period End Dates

Non-MCLE

June

Feb

Jan

Mar

July

Oct Dec Random

MCLE JURISDICTIONS Compliance Period in Years

Non-MCLE

1

2

3

MCLE JURISDICTIONS 50/60 Minute Credit Hour Calculation

Non-MCLE

50

60

MCLE JURISDICTIONS S Self-Reporting or Provider Reporting Online Credits

Non-MCLE

Provider LWC/Self OD

Self both

Provider both

MCLE JURISDICTIONS Online Limits

Non-MCLE

MCLE – LWC All, No OD

MCLE – LWC All, OD Limited

MCLE – LWC & OD Limited

MCLE – LWC & OD All

MCLE JURISDICTIONS Online Provider Applications or Attendance Reporting

Application Only Online

App/Attendance Online

Attendance Only Online

No Online Application or Attendance

Non-MCLE

MCLE JURISDICTIONS Carryover Credit Allowed

Non-MCLE

10

5

No

6

11

14 15 19

8

12

24

25 30

No Specialty Credits No Alternative Credits 2 Subsequent Periods

2

MCLE JURISDICTIONS Minimum Credit Hours Per Program

Non-MCLE

Pending Question Before Board

1.0

0.50

0.25

MCLE JURISDICTIONS Rounding Rules

Non-MCLE

To nearest 1/4

Down nearest 1/2

Down nearest 1/4

Down nearest 1/10

Down nearest 1/100

To nearest 1 (gen), to nearest 1/10 (eth)

To nearest 1/10

To nearest 1/2

Top Ten Tips for Working with Contributors

Presented By:

Mindy Thomas Fulks Tennessee Bar Association

Nashville, TN



Mindy Thomas Fulks Tennessee Bar Association

Nashville, TN

Mindy Thomas Fulks is the Director of Continuing Legal Education for the Tennessee Bar Association. Mindy has worked in CLE since 2008. Prior to working with the bar association she taught alternative sentencing programs and in the courts as an interpreter (Spanish/English). Mindy is currently working on her EdD.

1/23/2018

1

Working with Speakers and VolunteersMindy Thomas FulksTennessee Bar AssociationDirector of Continuing Legal Education

[email protected]

Types of SpeakersCore Faculty find out quick

understand their style (emails)

read agendas and reviews

your CLE experience vs. their CLE experience

Career Faculty professional presenters

formal letter or email

honorarium/travel expenses

recording

ACLEA references (mandatory vs. volunteer)

1/23/2018

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Service Faculty eDiscovery, software, legal services…

sales

use them or send them on their way

pints and quarts

Concerned Faculty concerned lawyers or judges

not a fire

listen and consider

Recommended Faculty consider the source

case by case scenario

New Faculty process for recruiting

training (sample outline, tips, formal training…)

connect new and experienced faculty

Ask ACLEA folks

1/23/2018

3

Developing a Topic don’t forget about basic/beginner topics

read bios

get a flavor of their personality

you want them invested in the idea

theme

1/23/2018

4

Confirming Faculty confirmation letter

be clear on time, date, LOCATION and expectations

deadlines

cc assistant

cell numbers

this is our job

Cancellations and Date Changes lawyers are accustomed to date changes ‐ No

competing program on the same date – No

someone can’t be there ‐ No

day of the week issue ‐ No

what about spring/fall break – No

THE BEST DATE IS… confirmed in advance

and marketed well

1/23/2018

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Day of program

they are nervous

A/V paranoid

you do this every day

remember you want them back

they are also your customer

Say thank you send them the recording of their presentation on DVD

comments and/or ratings

ask your ACLEA friends

candy shop

flexibility (hotel + travel)

avoid one size fits all

1/23/2018

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How we say…thank you

Training

1/23/2018

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Thank upcoming Faculty

Thank speakers, producers and continue for online CLE

1/23/2018

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Marketing them

More….

1/23/2018

9

Top 10….111. Get to know your faculty

2. Don’t cancel or change dates

3. Make them feel comfortable

4. Confirm, confirm, confirm

5. Respect your deadlines and make them real

6. Remember they are customers

7. Provide training opportunities

8. Promote them

9. Don’t forget about your producers

10. Thank them in a variety of ways

11. …..

Technology and CLE

Presented By:

Lucas Boling The Missouri Bar

Jefferson City, MO



Lucas Boling The Missouri Bar

Jefferson City, MO

Lucas Boling is The Missouri Bar’s Director of Membership Services and Law Practice Management. He coordinates the bar’s Solo and Small Firm Conference, lex|PORT Tech Expo, CLE Publications, dispute resolution programs, and member benefits. Prior to joining the bar’s staff in 2007, Lucas was Deputy Director of the Missouri Division of Workers’ Compensation. His experience includes judicial clerkships, private practice, and administrative law. Lucas is a former Missouri Assistant Attorney General and Missouri Labor and Industrial Relations Commission staff attorney. He earned a B.A., magna cum laude, from Truman State University and a J.D. from the University of Missouri School of Law. Lucas has been active in ACLEA since 2007. He co-chaired the planning committee for ACLEA’s 2012 Denver meeting and served on planning committees for meetings in Savannah, Seattle, and Nashville. He is a past co-chair of ACLEA’s Distance Learning Committee and State/Provincial Bar SIG. Lucas served on ACLEA’s Executive Committee and is currently the organization’s treasurer.

1/8/2018

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Technology & CLE Lucas Boling@lucasboling

INTERNETof

THINGS

Technology is Everywhere

INTERNETof

THINGS

1/8/2018

2

Technology is Everywhere in CLE

INTERNETof

THINGS

Overview Tips


OperationsPrograms

Publications

1/8/2018

3

Operations: IT Support

Operations: Hardware

1/8/2018

4

Operations: Hardware

Local ServerCloud Storage

BackupShared Files

Operations: Network

Operations: Basic Tech Tools

1/8/2018

5

Make technology work for you & your team:

• Learn & share 1 new tech tip every week

• gcflearnfree.org



gcf lea rn f ree .o rg

Tips for Using Technology to

Get OrganizedStay Organized

1/8/2018

6

Email & Calendar

FoldersRulesCategories

Email & Calendar

Email & Calendar

Outlook Meeting

1/8/2018

7

Email & Calendar

Outlook Meeting

Email & Calendar

ProjectManagementforPublications & Programs

1/8/2018

8

ProjectManagementforPublications & Programs

BrainstormSet goalsBudgetCollaborateCommunicateDelegateAccountability

ProjectManagement

Tech Tools

Virtual whiteboard

Task management

Scalable

Mobile apps

Free & Premium

ProjectManagement

Tech Tools

1/8/2018

9

Team messaging

Integrates with Trello

Mobile apps

Free & Premium

ProjectManagement

Tech Tools

1/8/2018

10

ProjectManagement

Tech Tools

Video conferencing

Up to 50 participants

Screen share & chat

Mobile apps

Free & Premium

ProjectManagement

Tech Tools

1/8/2018

11

ProjectManagement

Tech Tools

Technology in Programs: Live Onsite

ARS | Audience Response System

EngagementInteractionFeedback

1/8/2018

12


CostReplacement partsStaff timeScalable

ARS | Audience Response SystemBYOD

TwitterTextWeb


Ask the audience a question

Audience answers in real time using mobile phones, Twitter, or web browser

See responses live on the web or in a PowerPoint presentation

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ARS | Audience Response SystemConsider:

Venue’s cell / Wi-Fi servicePresenter’s comfort levelAudience’s comfort levelCost

Programs: Distance Learning

Telephone Seminars

Webinars

Webcasts

Distance Learning Challenges

MCLE Regulation

Accessibility

Serving Rural Areas

1/8/2018

14


INTERNETof

THINGS


INTERNETof

THINGS


INTERNETof

THINGS

1/8/2018

15

Programs & Publications:Customers Expect Technology

Platform Agnostic


Mobile Friendly


1/8/2018

16

Programs & Publications:Customer Expectations

24/7/365

UX / Options / Service / Convenience

Programs & Publications:Customer Expectations

UX / Options / Service / Convenience


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Help your customers stay ahead of the legal-tech curve

Find new ideas for technology-relatedprograms & publications

Challenge:

Read at least 1 tech blog post a day

lawtechnologytoday.org

attorneyatwork.com

engadget.com

Lucas [email protected]

@lucasboling

GAIN THE EDGE!® NEGOTIATING TO GET WHAT YOU WANT

by Martin E. Latz, Esq. Adj. Prof. of Law–Negotiation 1995 - 2005

Arizona State University College of Law

ACLEA Boot Camp February 10, 2018

San Antonio, Texas

© 2018 Latz Negotiation Institute (LNI). All Rights Reserved.

MARTIN E LATZ, Esq.

ABC News’ Good Morning America anchor George Stephanopoulos has called Marty Latz “one of the most accomplished and persuasive negotiators I know.” The founder of Latz Negotiation, a national negotiation training and consulting firm, Latz also taught negotiation as an Adjunct Professor of Law at Arizona State University’s College of Law from 1995 to 2005. Since 1995, Latz has taught over 100,000 lawyers and business professionals around the world how to more effectively negotiate – including in Hong Kong, London, Beijing, Shanghai, Singapore, Prague, Brussels, Seoul and Bangkok - and has negotiated for The White House nationally and internationally on The White House Advance Teams. Mr. Latz is the author of Gain the Edge! Negotiating to Get What You Want and The Reality of the Deal: An Eye-Opening Look at How Trump Really Negotiates. He has also appeared as a negotiation expert on CBS’ The Early Show and such national business shows as CNN’s Your Money and Fox Business. He also has written a monthly negotiation column for various newspapers since 1999. Mr. Latz received his law and negotiation training at Harvard Law School, where he graduated cum laude, and was a Teaching Fellow at Harvard’s Kennedy School of Government, where one of his students was former President Barack Obama.

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LNI’s faculty for this program Martin E. Latz, Esq.

www.NegotiationInstitute.com

• Adjunct Professor of Law for Negotiation, Arizona State University College of Law 1995 - 2005

• Founder and CEO, Latz Negotiation Institute (LNI), Inc. and ExpertNegotiator Planning & Management Software

• Developed and taught negotiation training programs for over 100,000 lawyers and business professionals around the world since 1995

• Negotiated for The White House nationally and internationally on the White House Advance Teams

• Appeared as a negotiation expert on CBS’ The Early Show and such national business shows as CNN’s Your Money and Fox Business

• Author, Gain the Edge! Negotiating to Get What You Want & The Reality of the Deal: An Eye-Opening Look at How Trump Really Negotiates (2018)

• Negotiation columnist for various newspapers since 1999 • Harvard Law School, cum laude

http://www.negotiationinstitute.com/

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TABLE OF CONTENTS

CONTENTS PAGE Presentation Outline. ................................................................................................................ 4 Suggested Additional Negotiation Readings. .......................................................................... 9

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LATZ’S FIVE GOLDEN RULES OF NEGOTIATION

RULE 1 INFORMATION IS POWER – SO GET IT

A. Get Information to Set Your Goals

In any negotiation, first find sufficient information to determine your goal(s). Then design a strategy to support it.

• Commit in writing

B. Develop an Information-Bargaining Strategy – Ways to Get and Share Information The more you learn about what both sides have and will agree to, the better you’ll do.

1. Get substantive information – facts, interests and options

2. Get strategic intelligence – investigate reputation/past tactics

RULE 2 MAXIMIZE YOUR LEVERAGE

A. Determine Level of Needs (both sides)

How much do you — and they — want it?

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B. Do the BATNA (Plan B for both sides)

Best Alternative To a Negotiated Agreement

1. Why?

a. Tells you when to walk

Prevents you from making an agreement you should reject

b. Tells you when to sign

Accept agreement only if it’s better than your best likely alternative

2. How?

Take concrete steps to strengthen your leverage

RULE 3 EMPLOY “FAIR” OBJECTIVE CRITERIA

Issue: What is “fair and reasonable”?

A. Find Powerful Independent Standards

1. Market-value power

2. Precedent power

3. Expert- and scientific-judgment power

4. Costs and profit power

5. Professional or industry standards power

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RULE 4 DESIGN AN OFFER-CONCESSION STRATEGY

Issue: What to do regarding timing, speed and size of offers and concessions?

A. Know Your Offer-Concession Patterns

1. The Timing Pattern

The longer you wait to start and between moves, the less eager you appear, and vice versa.

2. The Size Pattern

Early concessions include relatively larger moves and later concessions often include relatively smaller moves.

B. The Reciprocity Rule (Cialdini)

RESEARCH: We try to repay – in kind – what others provide to us.

RULE 5 CONTROL THE AGENDA

Issues: If and when and how subject matters get addressed affects your results!

A. Prepare an Agenda to Start – Consider a written agenda

B. Negotiate the Agenda

C. Manage the Deadlines

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FOILING COMMON NEGOTIATION “GAMES”

1. Good cop/Bad cop

2. The Nibbler

3. The Threat

4. The Blowup or Verbal Attack

5. The Context Manipulator (time/location/setting)

MARTY’S “PEARLS OF WISDOM”

Please fill out evaluations, including negotiation column sign-up.

Appreciate written comments!

And learn more with us on:

LinkedIn.com/in/MartyLatz Facebook.com/Marty.Latz Twitter.com/MartyLatz

THANK YOU!

http://linkedin.com/in/MartyLatz

http://facebook.com/Marty.Latz

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SUGGESTED NEGOTIATION READINGS

LATZ, Martin E., Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press, 2004)

The Reality of the Deal: An Eye-Opening Look at How Trump Really Negotiates (2018)

CIALDINI, Robert, Influence: Science and Practice, 4th Edition (Allyn and Bacon, 2001) COHEN, Herb, You Can Negotiate Anything (Bantam Books, 1980) CRAVER, Charles B., Effective Legal Negotiation and Settlement, 5th Edition (Matthew & Bender, 2005) DAWSON, Roger, Secrets of Power Negotiating, 2nd Edition (Career Press, 2001) FISHER, Roger, William Ury and Bruce Patton, Getting To Yes: Negotiating Agreement Without

Giving In, 3rd Edition (Penguin Books, 2011) MNOOKIN, Robert, Beyond Winning (Harvard University Press, 2000) MOVIUS, Hallam and SUSSKIND, Lawrence, Built To Win (Harvard Business School Press, May

2009) SHELL, G. Richard, Bargaining for Advantage: Negotiation Strategies for Reasonable People (Viking, 1999) URY, William, Getting Past No: Negotiating Your Way From Confrontation to Cooperation

(Bantam Books, 1991)

Publications Best Practices

Presented By:


Chicago, IL




Chicago, IL

Tim Slating is the Assistant Executive Director, Communications at the Illinois State Bar Association (ISBA). He oversees the ISBA’s communications department, books program, and legal forms system (IllinoisBarDocs). Tim also serves as the Editor & Publisher of The Illinois Bar Journal. Prior to working at the bar, Tim was a researcher and adjunct professor at the University of Illinois College of Law. He received his J.D. from the University of Illinois College of Law and his B.A. from Wayne State University.

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ACLEA Guide to Best Practices in Legal Publishing

Revised December 2016 Compiled by

ACLEA Publications Special Interest Group Best Practices Committee

Publications SIG Best Practices Committee:

Chair: Diane Morrison, TexasBarBooks, State Bar of Texas Members: Robert Anderson, LexisNexis Judith Knight, Wisconsin Bar Margaret Morgan, Washington State Bar Association Linda Russell, Continuing Education for the Bar (California) Gregory J. Smith, National Institute for Trial Advocacy Pamela Smith, Pennsylvania Bar Institute Darla Upchurch, National Institute for Trial Advocacy Contributors: Janie Gotherman, LexisNexis Wendy McGovern, Pennsylvania Bar Institute L. Joy Tataryn, Continuing Legal Education Society of British Columbia

2016 update by Diane Morrison, Linda Russell, Timothy Slating, Susan Munro, Dawn McKnight

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The ultimate goal of legal publishers is to produce high-quality publications that are legally accurate, professionally edited, comprehensive in scope, objective in tone, and functional and beneficial for the intended audience. Publications (this term and “ books” will be used interchangeably and generically throughout to refer to published legal content regardless of the format or method of production, whether in print or electronic form) should be useful tools for the purchaser to assist in the practice of law or to inform the reader. New publications should meet a need or fill a gap in the market. Books should be supplemented-or new editions published-as subject matter and changes in the law warrant.

Legal publishers go through many steps before a book is printed and in the hands of the user. These include acquisitions and author recruitment; drafting the manuscript in plain language; editing of the manuscript both by legal editors and general editors; cite checking; addition of forms, checklists, and other appropriate practice tools as the subject matter demands; and the creation of indexes and tables of authority. The basic best practices, more thorough explanations of these steps, and the reasons they are essential to creating quality publications for use by lawyers, are discussed below.

Acquisitions and Author Recruitment

Best Practice: Quality legal publications should be written by knowledgeable authors or experts in the field to ensure accuracy and thorough treatment of the subject matter; they can be written by either a single person or a committee of authors

“Acquisition” is the process by which publishers develop new titles. Ideas for new titles (or new material to add to existing titles) can come from many sources. A publisher’s customers will often suggest new titles that they would be interested in, and some publishers opt to survey their members to develop new titles. New and amended legislation is also fertile ground for developing new titles and material. Prospective authors will also often directly contact a publisher with an idea for a new publication.

Once the publisher has identified the subject matter for a proposed book, the next steps involve researching the topics to be included, analyzing the market, and seeking out potential authors (if need be). In selecting authors, it is always important to seek out balanced perspectives in a publication. For example, a criminal law publication should generally seek to approach the subject from both the prosecution’s and the defense’s perspectives.

How any legal publisher undertakes these initial steps depends on the nature of the publishing organization. A small bar association or nonprofit CLE publisher, for example, should consider the organization’s mission, its membership, and the best use of its financial resources in deciding what types of books to publish, how they will be produced, who will write them, and whether they all need to generate a positive cash flow. But a multinational corporate publisher with thousands of existing titles may have

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different, though equally valid, priorities in pursuing acquisitions. Another important factor is whether the author(s) will receive royalties from the publication’s sales. A publisher paying royalties will handle these initial steps much differently than a publisher relying on volunteer authors. Instead of royalties, some publisher offer their volunteer authors a small honorarium or a complimentary copy of the publication.

Once the publisher decides to develop a particular title, the next step is to recruit a qualified author or group of authors (an editorial board or committee, perhaps) to write it. Publishers typically look for lawyers, judges, or law professors with a track record of good writing and a specialized knowledge or expertise in the subject matter that has been gained through years of practice, advanced training, or independent research. Other professionals can and should be recruited as authors or contributors to the extent that sharing their particular knowledge would benefit the finished product. For example, an accountant's perspective might be particularly helpful in a book on calculating damages.

It is important that the publisher and author agree on the scope of the writing project and the nature of the book to be produced, and further that the author is up to the challenge. Accordingly it is a common and recommended practice to ask the prospective author to write a detailed outline and perhaps a sample chapter, if not a formal proposal, before executing the publishing contract or less-formal agreement. This information, along with the author’s professional profile, will allow the publisher to evaluate and make an informed decision on the book's likely success before irrevocably committing to publishing it.

The publisher should offer a standard publishing contract, or at the very least a more informal literary rights agreement. It should define the rights and responsibilities of each party, particularly with regard to ownership of the copyright, delivery and acceptance of the manuscript, the publisher’s services and the author’s cooperation in editing, producing, and marketing the books, payment (or not) of royalties, honoraria, or complimentary copies of the book and what happens on termination of the project, if necessary. The contract should also anticipate potential future problems with the author or the manuscript. A best practice is to specify that while the author will be consulted during the editing process, in the event of any disagreement, the publisher shall have the final say in regard to editing decisions. Likewise, it is a good idea to specify that the publisher retains the right not to publish the title for any reason (e.g., the submitted manuscript could require more effort than it is worth). The contract should be fair to both parties and detailed enough to anticipate most contingencies. Most authors will sign the contract with few, if any, changes from the standard agreement; this ensures equal treatment from one author to the next and makes contract management easier for the publisher. If a publisher is handling a large number of author contracts annually, an electronic document signing and management service (e.g., DocuSign, etc.) can make the process more efficient.

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Legal Writing in Plain English

Best Practice: Quality legal publications should be clear, concise, and avoid legalese, without sacrificing appropriate use of terms of art or legal terminology.

Ideally, legal writing should be clear and concise. An important part of writing and editing legal publications is ensuring that the writer’s message is easily understood by the reader. This means editing out the needless legalese and verbosity that creep into many lawyers' writing.

Critics of the plain-language movement express concerns over “dumbing down” the language and doing away with technical legal terms. Striving for plain language in legal writing does not mean eliminating terms of art and necessary legal terminology. It does mean eliminating language that clouds the writing and inhibits the understanding of the reader.

Commonly, legal writers will overuse Latin terms and legalese, write imprecisely, and use several words when one will do. Lawyers often write “ for the reason that” instead of “because” or litter a page with “ hereinafter the aforesaid . . . .” Editors should be aware of these common pitfalls and be ready to correct them and should encourage authors to write in a clear voice. The following resources provide guidance for stamping out unnecessary and unclear language: www.plainlanguage.gov; Bryan A. Gamer, Legal Writing in Plain English: A Text with Exercises (2001); Bryan A. Gamer, A Dictionary of Modem Legal Usage, (3d ed. 2011); Bryan A. Gamer, The Elements of Legal Style, (2d ed. 2002); Joseph Kimble, Lifting the Fog of Legalese: Essays on Plain Language (2005); Tom Goldstein and Jethro K. Lieberman, The Lawyers Guide to Writing Well (2d ed. 2002).

Planning the Schedule

Best Practice: For each update and new book, a written schedule should be created with deadlines for each major milestone in the project.

Contact should be made regularly with authors and the written schedule should be updated monthly, or more often if needed, to make sure the deadlines are met and the project stays on track. If your organization has many publications, one overall document or spreadsheet should be created that includes the most critical deadlines for every update and new book (e.g., authors due dates, due dates to editorial, clearing date, to printer date, publication date). This spreadsheet can be created in programs such as Word, Excel, or project management software (e.g. Basecamp, DivvyHQ, Microsoft Project). Ideally this document should be updated by only one person for consistency and saved online in a central location for easy viewing.

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Preparing the Budget Best Practice: At the outset of a project (new book, update), the appropriate staff person should create a budget that provides an estimate of how much time the project is going to take, and the budget should be approved by a supervisor.

Throughout the project the legal editor should check monthly to make sure the project is staying within the budget and consult with a supervisor if the project is taking more time than projected. If a project is taking more time than anticipated, decisions may have to be made on whether the scope of the project should be altered so that the publication date can be met.

Editing the Manuscript

Best Practice: Quality legal publications must be carefully edited by both professional legal editors, for legal accuracy and cite checking, and professional copy editors, for general editing and style standards specific to the publisher.

The skills required for copy editing a legal manuscript differ greatly from those required for a legal edit. The legal editor requires substantive knowledge of the legal topic and the ability to verify the legal accuracy of the manuscript. The general editor requires technical knowledge of style and formatting guidelines for the publication.

The legal edit should immediately follow submission of the first draft of the manuscript and should precede the general edit. It should address substantive issues and readability. The legal editor should be a lawyer familiar with the topic addressed in the manuscript, preferably even with expertise in that area of the law, or be assisted by an editorial advisory board or committee of seasoned lawyers practicing in that area. Although the legal editor should be furnished with the style guidelines for the particular publication, the legal editor should focus on substance. The legal editor should ensure that the author’s conclusions are well supported and verify that citations the author includes are appropriate and stand for the propositions for which they are cited. It is essential that a quality legal publication give the user correct and solid information, and one of the jobs of the legal editor is to make sure this is the case. The legal editor also should make sure the article or chapter is readable and well organized. The legal edit should be followed by any necessary author revisions, and the legal editor should thereafter have an opportunity for a second review to ensure that all editorial recommendations were addressed by the author.

Once the legal editor verifies the accuracy and completeness of the manuscript, it then goes to the general editor. The editor should be someone familiar with legal materials and

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legal citation style, but need not be a lawyer or have any particular expertise in the specific legal topic at hand. The editor must have excellent grammar skill and a strong knowledge of the style guidelines used by the publisher. These guidelines can come from the publisher itself (house style guides) or outside sources (The Chicago Manual of Style; The Bluebook: A Uniform System of Citation; the Canadian Guide to Uniform Legal Citation (the “McGill Guide”);Editing Canadian English; Oxford Guide to Canadian English Usage; Canadian Oxford Dictionary). The editor checks the style and formatting of both the citations and the text of the manuscript, does a basic edit for grammar and punctuation, and conducts another review for organization and sense of the manuscript. In many legal publishing houses, the general editor also acts as the go-between with the typesetters and designers and will also act as proofreader through the various stages of the manuscript.

In addition to the manuscript itself, many legal publications often include forms, checklists, and other practice tools as appropriate. Their inclusion is guided by the subject matter, as some publications clearly warrant them (such as books on family law or real estate practice) and some may not (for example, a general book on legal ethics). Forms too must be edited and should be in a consistent style; it is just as important that they be in plain language as it is for the text of the book. Forms should provide the user a useful tool for practicing law.

Legal Forms

Best Practice: Relevant legal forms should be included in publications whenever possible.

Attorneys always desire current legal forms and often expect their inclusion in legal publications. But as legal form delivery mechanisms continue to evolve at an ever-increasing rate, it is impossible to specify a single best way to deliver forms. Some publishers opt to include a forms CD or an option for a digital download with their publications, while others simply include forms in the text of their publications. Another option is to publish legal forms as stand-alone products.

The format for legal forms must also be considered. Legal forms can be published in a variety of formats, including everything from simple Microsoft Word forms to fillable PDF forms to fully-automated document assembly systems. Additionally, the delivery of all of these formats may involve platforms specifically developed for the publisher, software that customers need to purchase separately, and/or cloud-based delivery mechanisms (e.g., the HotDocs Market).

The inclusion of forms in publications and their derivitive uses need to be contemplated when drafting and executing publishing contracts. If an author will be supplying legal forms for a publication and the publisher wishes to incorporate these forms into other products (e.g., a stand-alone document assembly product), then the publishing contract

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needs to specify these permissible uses. It is also a good idea to include provisions assuring the publisher that publication of the legal forms will not infringe on the copyrights of others.

Supplementation

Best Practice: Quality legal publications are supplemented as often as changes in the law warrant, to ensure that they remain current and legally accurate.

Both the manuscript and the forms should be supplemented or updated as is needed. Case and statutory law changes constantly, and while it is not feasible to update a publication on a daily basis, a regular schedule of supplementation will ensure that the user has the most up-to-date information possible and will be able to rely on the publication as an accurate source of information.

Cite Checking

Best Practice: Quality legal publications must be reviewed for legal accuracy using guidelines based on established sources that meet jurisdictional standards.

The Bluebook is the resource most American lawyers turn to for guidance in citing the law. It is particularly helpful in citing federal case law and statutes, but legal publishers may need to look beyond its pages for answers to questions about citing state law. Bluebook citations may differ from the designations preferred by state courts. In addition to using Bluebook style, legal publishers should develop a house style that addresses general editing or citation formats or should rely on a style manual, such as The Chicago Manual of Style, to answer questions and provide consistency in editing and throughout publications.

In its early days, The Bluebook had little competition; it was the uncontested authority for citation style. Now, however, there are many reference sources available, such as Lexis, Westlaw, and various sites on the Internet, as well as the traditional reporters published in book form. Even though a number of authors submit material using only Lexis or Westlaw citations, publishers should cite to the traditional reporters (A.2d, N.E.2d, etc.) or, for cases not yet published, convert the citations to a generic format that includes the docket number and a full date. Otherwise, a lawyer who uses Lexis may have difficulty finding a case using a Westlaw cite, and vice-versa.

Because of the growing number of citation sources, several organizations (most notably the ABA and the American Association of Law Libraries) have proposed the creation of uniform case citation standards that are vendor- and medium-neutral (see ABA Legal Technology Resource Center,Report: Universal Citation Facilitation, www.abanet.org/tech/ltrc/research/citation/2003re.port.html and the AALL Citation

http://www.abanet.org/tech/ltrc/research/citation/2003re.port

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Formats Committee Web site, www. aallnet.org/committee/citation ). These standards rely on a unique sequential decision number assigned by the court as the basis of the citation, along with the year, court, and paragraph number, to allow citation to opinions found in electronic databases as well as in traditional, published volumes. A number of states have their own universal citation systems, although how they are implemented varies considerably.

If a lawyer is writing a law review article, legal memorandum, or court document, The Bluebook is the longstanding standard for citation format. However, for a desk.book, practice handbook, or form manual written about the law, publishers should develop a consistent style that takes into account any universal citation system in the jurisdiction and the preferences of the courts themselves. No matter the source, it is essential for legal publishers to ensure that citations are accurate and support the proposition they are intended to support, thereby ensuring the legal accuracy and dependability of the publication.

In Canada, lawyers rely on the McGill Guide for guidance in citing either case law or legislation. With respect to judicial case law, it is always preferable for legal publishers to use the neutral citation assigned by the court, where that is available; if parallel citations are desired, it is appropriate to cite the online CanLII, Quicldaw, or Carswell sources and/or the traditional, bound-book reporters. A decision of an administrative tribunal should be cited using the citation assigned by that tribunal or in another manner that is useful to the publication’s intended users.

Tables of Contents and Indexes Best Practice: Quality legal publications include comprehensive tables of contents and indexes that are produced by professionals and are easily accessible to the user.

Tables of contents and indexes are used differently in a publication. Ideally, a legal publication should contain both.

The purpose of a table of contents is to give an overview of the entire contents of a publication; it may be a comprehensive one for the whole book or there may be individual tables for each chapter. A table of contents is organized sequentially and references page numbers for each section or chapter listed. A table of contents should always be provided, unless the publication is written as one long narrative with no breaks; in that case, the publisher should still consider appropriately segmenting the publication and adding a table of contents, as it is an essential reference for the user to locate material and even for the potential buyer to quickly grasp what is covered in a publication. Producing a table of contents is straightforward, and many word processing or desktop publishing tools have the capability to automatically generate one.

http://www/

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The purpose of an index is to help the reader quickly find all references to a very specific topic. An index is organized as an alphabetical list of all topics that are contained in the publication and may use page numbers or section numbers as references. If a publication is extremely short or not to be used as a reference (for example, a workbook that is used sequentially), the publisher may decide that an index is not necessary and that a table of contents alone will suffice.

An index should be accurate, comprehensive, and accessible. Accuracy is of primary importance. A comprehensive index will cover the entire contents of the publication and may cover footnotes and citations as well. Often legal publications have separate indexes or tables for cases, statutes and rules cited, and forms in the publication. The length of the index should be appropriate for the size of the book and should also be tailored to the target audience. To be accessible, the index should allow the user to find any entry needed with minimal effort.

Related, similar terms in an index should contain cross-references, “See” or “See also” lines directing the reader to the central location where the topic is fully covered or related topics are discussed. Having full treatment in only one location prevents the reader from having to look in more than one place in an index to find all references to a topic.

While a table of contents is straightforward to produce, an index is much more complicated and if at all possible should be compiled by an experienced professional indexer. An index may need to include terms that do not appear in the text of the publication, such as legal phrases or terms of art. Therefore, a legal background is extremely helpful for one producing an index to a legal publication. For example, a section on purchase of inherently defective automobiles may need a “See” line under “Lemon Law” even though that phrase does not appear in the text.

Although an author may be capable of producing a useful index, the author's familiarity with his or her own phrasing (or lack of objectivity) may not be an advantage in creating an accessible or comprehensive index. An experienced, professional indexer will and should capture all topics that readers are likely to look for, making the publication accessible to multiple users with varying knowledge of the subject.

The following resources provide guidance for book indexing: Nancy C. Mulvany, Indexing Books (2d ed. 2005); Larry S. Bonura, The Art of Indexing (1994).

Electronic Publications:

Best Practice: Computer technology offers new possibilities in information delivery. With advances in technology, it has become increasingly necessary for legal publishers to produce content in electronic as well as traditional print format, and to do everything possible to produce quality electronic publications with the resources we have and to keep open minds as to the possibilities that technology offers us.

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This has provided us with new challenges and questions as to just what the best practice for doing this might be. For instance, should electronic publications be updated every time there is a change in the law or only when the print publication is updated? In what format should the electronic publication be offered (a static PDF,a document assembly program, an online information service, or as an e-book)? We need to embrace the challenges that electronic publishing gives us.

The electronic publication, if it is based on a print book, should be an enhanced version of the print publication. For instance, we now have the capability to link to primary law and re la ted mate r ial and to link within the document to cross-references, tables of contents, and index entries; obviously this is an advantage and a convenience for users of the electronic publications that users of printed books don’t have. Producing a searchable electronic publication is also necessary. The electronic product should also be provided as a PDF or another type of noneditable file, so that we as publishers can be assured that the publication in users' hands is the one we actually published. (That said, however, it can be helpful to provide forms in a format (Word, for instance) that can be edited, so that they are practical and useable.) Electronic publications can also be stand-alone, with no corresponding print book. And because e l e c t r o n i c p u b l i c a t i o n s a r e (in the grand scheme of publishing) a r e l a t i v e l y n e w format, some of the end result is, at this point, dependent on the capabilities of staff to produce or update the material. It is also vital to have staff who can provide technical support to the users, who may not be particularly tech-savvy. We all need to be open to the possibilities that publishing in this format offers.

Another question is how to provide the product to users. Some publishers still offer CD-ROMs; many have moved on to digital downloads that “live” on the users’ hard drives. Others offer content that requires users to have an Internet connection for access. We also now have the option of offering information in smaller pieces and updating more frequently.

At this time, there may be more questions than answers as to how to best offer content electronically. We anticipate there will be many adjustments in the future as both publishers and our customers become more comfortable with this format of publishing. But publishers need to make decisions now about format and platform for electronic publications that will allow them flexibility in the future to evolve.

In Conclusion: Publications best-practices standards are aspirational goals, not an absolute code of publishing conduct, and there could probably be many more words written on the topic. But again, the ultimate goal of a professional legal publishing house is to produce useful, high-quality publications that are legally accurate and objective. By providing lawyers with these tools, legal publishers do their part to promote high standards of practice in the legal profession.

CLE Marketing 1011

Presented By:

Karen Lee Oregon State Bar

Tigard, OR



1 These materials were updated from a presentation prepared Peter Berge, formerly with Minnesota CLE. My thanks to Peter for all his contributions to ACLEA.

Karen Lee Oregon State Bar

Tigard, OR

Karen Lee joined the Oregon State Bar CLE Seminars Department in 2001 as a program attorney and has been the director since 2003. Prior to becoming a CLE professional, Karen was a tax and transactional attorney and practiced in Oregon and Texas. A member of ACLEA since 2001, Karen has been involved in a variety of ACLEA activities. She has participated in mid-year and annual meeting planning committees, co-chaired the state and provincial bar SIG and the programming SIG, and given presentations at Boot Camp and ACLEA meetings. Her presentation topics range from marketing basics to customer service. Karen served on ACLEA’s Executive Committee and is a past president. An avid traveler who believes the best way to learn about a new place is through its food, she always has an eye out for unique CLE opportunities and locations.

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Competition is everywhere. There are more options for CLE than there were five years ago and less lawyer or firm income allocated to CLE. This environment makes marketing an extremely important part of CLE. Successful CLE marketing creates not only brand awareness but also customer loyalty. Consider the following for CLE marketing:

I. Targeting a CLE Audience

Targeting a message to register for a CLE program is an effective and cost‐efficient way to pinpoint potential registrants. While in some instances a shotgun approach might work for program topics that are very general in nature (ethics, legal writing, advocacy skills, business development, etc.), focusing on a specific audience and demographic will provide a greater return on marketing efforts. “Who should receive my message” is probably the most important marketing decision to make.

II. Identifying Your Audience

A. Who do you want there?

You can’t know how to market if you don’t know your audience. Since the main goal of a program is to provide continuing legal education (and the associated credit for mandatory jurisdictions), the primary target audience is lawyers. By filtering that audience the marketing message becomes even more directed. There are two basic ways to identify your audience. The easiest way to is to market to past attendees. However, you want to expand your CLE attendance, so consider who you want to see fill the seats or log on to a distance learning program.

B. Timing

CLE reporting cycle dates are a good example of a filter. Attendance at CLE events increases as reporting dates near. This is a good time to schedule programs with a wide general appeal (skills programs, law practice management, time management), as well as specific MCLE reporting requirements (ethics, diversity, etc.)

C. Area of Practice

If a bar has sections or you have a means to identify those who practice in a specific area, you can market with that in mind. Don’t be limited to practice areas that are most directly related to the course. For example, a construction law seminar might be of interest to real estate attorneys. The type of law, such as civil versus criminal, can also help target the message.

D. Length of Practice

The number of years lawyers have been in practice is very helpful when marketing a particular course level, such as an advanced institute to experienced practitioners or introductory skills to new lawyers.

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E. Location

In some areas, geographic location can also yield target audiences. CLE providers in high density areas with multistate bar members will want to draw upon those neighboring states.

III. How to Reach the Audience

A. Using Your Internal Lists

Ideally, your organization should have a Customer Relationship Management system (CRM) of some type. Using this, you can drill through the layers, and pinpoint a target audience from among a much larger customer base.

B. Other Professional Accreditation Boards

A number of other professions have accreditation standards, and CLE programs may qualify for their continuing education requirements. Consider including these groups in the target audience if contact information is available. Examples of other professionals are accountants, financial planners, insurance professionals, real estate and human resources professionals, and private investigators.

C. Co‐Sponsored Events

Co‐hosting an event with another group that you normally wouldn’t have access to gets your name in front of someone else’s members. Be aware that this type of “cross pollination” may generate a request from the other group for your organization’s mailing list to promote a future event.

III. Crafting a Message for the CLE Audience

The ultimate goal of any CLE provider’s message is “register for this program!” It is the program provider’s call to action. Crafting a call to action need not be lengthy, but it should contain sufficient information to encourage the reader to make a decision. In a nutshell, a CLE provider needs to answer the five Ws: who, what, when, where, and why.

A. The “Who” tells the audience that the seminar has subject matter experts. Highlight the speaker’s expertise and any other special features that distinguish the program from competitors. B. “What” the speakers will discuss should clearly identify the program’s learning objectives or benefits. Work with the speakers and encourage them to think in terms of providing a benefit to the audience rather than simply transmitting information. C. “When” is a matter of timing. Be strategic as you plan your annual course calendar, as programs scheduled closer to CLE reporting deadlines tend to attract more attendees. Plan seminar dates to avoid government and religious holidays, if possible. Try to schedule annual events at the same time each year to establish a tradition. Regular attendees will come to expect that the program will take place at that time, increasing the likelihood they will attend.

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D. “Where” is the location and should be geographically convenient for live event attendees (don’t forget to evaluate parking and mass transportation options). Also, don’t forget to highlight other virtual or physical program locations if those are available (e.g., home or office via webcasts or in‐person replays).

E. The first four Ws are essential program details. The craft of marketing, however, is inherent in the fifth W: “Why should the reader attend the program?” The CLE provider’s job is to succinctly answer this question. The key is to emphasize attendee benefits. The best marketing language appeals to the reader’s self‐interest. Consider how the program will solve a reader’s problem or provide answers to questions. Examples might be gaining insight into an important new case, learning or improving a critical skill, or obtaining better results for clients. Make sure the focus is on how the program will benefit the reader.

Use active, rather than passive, language in the program description. “Identify key elements of the Smith case” conveys more energy than “Key elements of the Smith case will be identified.”

Keep in mind that less is often more when crafting a call to action. Concise descriptions, white space, and the judicious use of graphics actually allow the reader’s eyes to “breathe” and better process the information. Presenting a reader with competing elements, such as large quantities of text, multi‐colors, different font sizes, exaggerated punctuation, and large graphics, can be overwhelming and obscure the call to action. As a result, the reader might abandon the communication prematurely.

Never underestimate the importance of utilizing a graphic designer. If resources preclude using in‐house design expertise or working with a third party, ask around your organization to tap into other staff who have a side interest or experience with design elements. If you have a very limited marketing budget, consider DIY by becoming familiar with the basic principles of graphic design with YouTube tutorials and using Microsoft Publisher, which is available in the Microsoft Office Suite.

IV. Sending the Message to the CLE Audience

The type of message and how frequently to send it is a balancing act and very dependent on audience communication preferences.

A. What media should be used?

Marketing messages can be sent in a variety of print and electronic formats. While a potential audience may have a preference for one format over another, sometimes finances or organizational policies dictate the medium. Ideally, the call to action (“register for this program”) is presented to a potential audience in several different formats over a period of time. Using more than one medium or channel to reach people will help the message get through.

1. Brochures and Catalogs: Many CLE providers choose to produce and mail a separate marketing piece for each CLE program or event they develop. This strategy allows for a

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targeted marketing campaign to those who have shown interest in similar events in the past or who are likely to be interested in the event. There are, however, occasions when it’s wise to advertise multiple events on one marketing piece. One example is a series of topic related courses; another would be a series appealing to a certain skill level, such as basic‐level courses for new lawyers.

Some CLE providers choose to publish monthly or quarterly calendars advertising upcoming seminars. This cost‐efficient strategy allows them to market all of their seminars in a consolidated format. The risk of this less‐targeted approach is that recipients may not open the catalog or notice a particular seminar in it.

While printing and mailing marketing pieces is generally more expensive than email or social media marketing, it may be more effective at getting audience members’ attention in a sea of electronic notices.

2. Email Marketing: Email marketing is a popular strategy for CLE providers. It is relatively inexpensive compared to mailing printed brochures and allows a CLE provider to easily target specific groups.

CLE providers must comply with the CAN‐SPAM Act. CAN‐SPAM stands for "Controlling the Assault of Non‐Solicited Pornography and Marketing." Enacted in January, 2004, the law specifies requirements for sending out commercial email. It covers email where the primary purpose is to advertise or promote a product, service, or website. Transactional or relationship messages, which are emails that pertain to agreed‐upon transactions or emails that update an existing business relationship, are allowed under the Act. CLE providers should be careful when sending emails to customers with whom they do not have an existing business relationship.

3. Social Media Marketing: Social media marketing within the CLE industry is growing. It offers engaging and immediate ways to connect with an audience, create content that is fun and informational, and publicize a product or service. This marketing platform, first established with Facebook and Twitter, will continue to evolve and may be an effective way to reach some target audiences. Facebook pages allow CLE providers to update customers who have Facebook accounts about future seminars. Twitter accounts allow CLE providers to “tweet” (send short messages) to their followers (those who have signed up to receive updates.) The benefit of social media marketing is that it is audience‐driven and potentially interactive. With Facebook and Twitter those receiving the message have indicated that they were interested in getting it. The audience is encouraged to respond to the message and forward it to others. This interaction develops a two‐way relationship and allows for further distribution of the message to potential registrants. To complement general Facebook pages and Twitter accounts, some CLE providers create Facebook pages and Twitter accounts for specific events.

4. Websites: In addition to primary websites, some CLE providers build websites or webpages dedicated to specific seminars or events that contain information on the event, links to faculty bios, directions to the venue, and other details.

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B. How Frequently Should a CLE Provider Contact a Potential Audience?

There are a multitude of opinions on the ideal number of “call to action” contact points that will result in action being taken. For some CLE providers, organizational policies will dictate how often CLE messages can be sent. It’s a fine line trying to achieve the sweet spot between “who are you” (not enough contact) and “stop sending me so many emails” (too many emails). This sweet spot will also vary between professions and even among professionals in the same industry.

Technology has greatly expanded the ability to send and receive messages compared to when print was the sole source of CLE marketing communications. One concern with email marketing is the temptation to send too many emails. Readers can become desensitized to repetitive messages, and frequent emails may result in the sender being blocked by customers or generate a request to be removed from a marketing list. One way to counteract this fatigue is to establish social media sites. Using social media can keep an audience from becoming bored or disinterested with a CLE provider’s marketing messages.

Mixing the media sent can also help combat message fatigue. In addition to including social media posts, consider a targeted post card or flyer announcing your event. The print pieces can complement electronic messages. If your budget precludes print marketing, try using different the subject lines that emphasize some aspect of the seminar, such as “Ten Tips for Drafting Commercial Leases” or “Register by March 31 and save $25.” While the content of the seminar won’t change, putting a different ribbon on the package might get someone’s attention.

V. Evaluating the Message

Whatever communication methods and frequency are ultimately selected, measuring audience responses to these messages is vital. This can be as simple as tallying a two‐digit code included on the registration form or as sophisticated as tracking the various levels of click‐through responses from an email announcement. Commercial email marketing services can help CLE providers manage their email marketing and provide analysis of open rates (number of emails that are opened), click‐throughs (number of times that links within the email were clicked on), and registrations. Whether the media is print or electronic, without such feedback CLE providers may be unable to accurately evaluate their marketing efforts, revise existing communications, or create new marketing strategies.

VI. Best Practices for Marketing

CLE program marketing is a dynamic and ever changing environment. CLE providers who are flexible and creative with marketing resources will recognize an audience's preferred methods of communication, which in turn will shape and drive marketing strategies. The goal is to differentiate a message from the clamor of competitors and convince busy lawyers that this CLE program is the best choice for them.

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ACLEA 54th Mid‐Year MeetingFebruary 10‐12, 2018

San AntonioCLE Boot Camp

CLE Marketing 101

Presented by:Karen Lee

Oregon State Bar

The CLE Audience

Who should receive my message?

• Shotgun

• Targeted

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Identifying the Audience

• Who do you want there?

• Timing

• Practice specific

• Length of practice

Reaching the Audience

• Internal Lists

• State/local/specialty bars

• Other professional accreditation boards

• Co‐sponsored events

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Crafting A Message For The CLE Audience

A CLE provider needs to answer the Five Ws

Who

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What

When

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Where

Why

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Sending the Message

What media should be used?

Brochures and Catalogs

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Series of Related Courses

Email Marketing

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Social Media Marketing

Websites

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Frequency

How often should a CLE provider contact a potential audience?

• It depends…

• Organizational policies

• Message fatigue

Evaluating the Message

• Simple

• Detailed

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Best Practices for Marketing

• Aware

• Responsive

• Agile

• Creative

Questions?

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Thank you for listening!

Karen D. Lee

CLE Seminars Director

Oregon State Bar

[email protected]

(503) 431‐6382

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