eCourses

Session 01: Public Benefits Overview and Key Concepts - Hear an overview of the different public benefits programs that may impact a special needs client, and explore Texas-specific waivers as well as federal and state regulations. Session 02: Special Needs Trusts 101: The Basics - An overview of the basics of special needs trusts and public benefits including selection of appropriate trust option, pitfalls to avoid and case examples. Session 03: The Ethics of SNT Administration - In this session, the presenters review the decisions a trustee makes in administering a trust, the standards a trustee should use in making decisions, and a framework to make sure the trustee’s decisions and actions are ethical. Session 04: Redlining the Basics with 1st Party SNT - Dissect a basic first-party SNT to highlight best practices with various key provisions, a walk-through relevant POMS provisions, and other practical tips in evaluating the use(s) of a first-party SNT. Session 05: Maximizing Public Benefits: Overview - Planning for public benefits can be daunting. This presentation walks attendees through the paper, with stops along the way for basics, practice tips, and hidden gems in the paper. Session 06: Working Together: Texas ABLE Accounts and Special Needs Trusts - Learn about the tax-advantaged Texas Achieving a Better Life Experience Program (Texas ABLE®), a disability savings program created specifically for Texans with qualifying disabilities. This session covers specifics about Texas ABLE and how it can be used in conjunction with Special Needs Trusts, while helping to preserve state and federal means-tested benefits, including SSI and Medicaid. Learn how recent regulatory and legislative developments have continued to expand the flexibility and impact of ABLE accounts. Session 07: Initial Client Meeting Guidance and Resources - Exploring the art of focusing client appointments and staying on track. Session 08: A Quick Trust Tax Tutorial - You don’t need to be a tax lawyer, but every special-needs planner should know at least the basics of trust income tax. Explore key rules in an accessible way for non-tax practitioners. Session 09: SSA Regional Trust Leads Presentation Regarding SSI Trusts - For trusts established with the assets of an individual on or after 01/01/00, the Social Security Administration follows specific policy regarding disbursements from the trust, earnings on and additions to the trust, and posteligibility changes in the trust’s resource status. This session provides a summary of the policy for trust principal that is not a resource and for trust principal that is a resource, including examples. Session 10: Masters of SNT—What I Know Now That I Wish I Had Known Back Then - Four of our most experienced SNT attorneys share what they have learned that they don’t usually talk about on microphones: how they have found the work they love; developed a passion for forms and systems; attracted and selected the best clients; built supportive and inspiring networks; and learned from their mistakes. 

Includes: Video Audio Paper Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (1.00 hr | 1.00 hr ethics) Practical Considerations and Implications of Generative AI (Replay) An overview of practical considerations and implications for the in-house use and governance of generative AI.   Emily Westridge Black, Shearman & Sterling LLP - Austin, TX Steven Gyeszly, Marathon Oil - Houston, TX Karl V. Hopkins, Bradley - Houston, TX (1.00 hr | 1.00 hr ethics) Mum’s the Word: Maintaining Client Confidentiality while Working from Anywhere and Everywhere (Replay) Working remotely and virtual meetings are here to stay. This presentation provides practical suggestions for structuring engagement letters, addressing conflicts of interest, and safeguarding client communications across all mediums.  Jeff Chadwick, Winstead PC - The Woodlands, TX (1.00 hr | 1.00 hr ethics) Understanding the Changes to the Texas Disciplinary Rules in the 2024 Referendum The State Bar is holding a referendum from April 1-30 for the Bar to vote on 12 new and amended disciplinary rules. The presentation will discuss each of the proposed changes and additions to the rules. Robert L. Tobey, Johnston Tobey Baruch, P.C. - Dallas, TX

Includes: Video Audio Paper Slides

The State Bar is holding a referendum from April 1-30 for the Bar to vote on 12 new and amended disciplinary rules. The presentation will discuss each of the proposed changes and additions to the rules.

Includes: Slides

Session 1: The Grievance Process and Most Common Violations - The presentation is intended to provide general information regarding the amendments made to the grievance process in 2018, the proper way to respond to a grievance identifying attorney misconduct, and common problems to avoid in practice. Session 2: So You Think You Know Your Evidence and Procedure? - An interactive and entertaining presentation testing your knowledge of the Texas Rules of Evidence and Procedure. Session 3: Research on Legal Writing - Get information about empirical research on legal writing techniques. Research supports plainer writing, reduced use of intensifiers, reduced use of “emotional” words, and use of narrative. Research also supports “connectives” (transitions), priming, and the value of resources, i.e. money. Session 4: Dealing With the Problem of Opposing Counsel - How to avoid intimidation and manage the disruptive, disreputable, and overly zealous opposing counsel in an ethical, civil, and professional manner.

Includes: Video Audio Paper Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Techniques for Negotiating With Difficult Counterparties (Replay) Hear advice on how to negotiate contracts with difficult counterparties, and explore the importance of our own mindset and how to manage our emotions in these situations. Walk through five types of outrageous negotiation positions and effective responses to defuse and reset the tone of the discussions. Laura Frederick, How to Contract - Austin, TX (0.75 hr | 0.75 hr ethics) The Grievance Process and Most Common Violations (Replay) The presentation is intended to provide general information regarding the amendments made to the grievance process in 2018, the proper way to respond to a grievance identifying attorney misconduct, and common problems to avoid in practice. Nicole E. Jackson, Rosenblatt Law Firm - San Antonio, TX (0.50 hr | 0.50 hr ethics) Practical Uses of AI in M&A: Large Language Models to Create New Realities (Replay) What if you could review thousands of contracts, determine the potential risk of anti-assignment clauses, and have a first draft of a memo in under 15 minutes? Over the past year, the legal profession has seen incredible advances in the use of artificial intelligence that are making these possibilities a reality. Large Language Models, such as those fueling ChatGPT, have introduced incredible transformational potential for M&A work. Learn more about what is possible, including ethical considerations, in this new reality. Kenton S. Brice, University of Oklahoma College of Law - Norman, OK (1.00 hr | 1.00 hr ethics) Work Product and Attorney-Client Privilege after In Re Grand Jury: Where Do We Go From Here? (Replay) The law regarding when privileges and protections apply to tax advice was anything but clear leading up to the Supreme Court oral argument in In re: Grand Jury; the Court’s decision to dismiss the case as “improvidently granted” dashed the hopes of tax professionals hoping for a nationwide standard! Hear a review of the current state of the law post-In re: Grand Jury with an emphasis on the Fifth Circuit and how the law there differs from others around the country. Melissa L. Wiley, Lowenstein Sandler LLP - Washington, DC

Includes: Paper Slides

Session 01: Medicaid Update - Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care. Session 02: What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting - Issue-spotting and discussion highlighting elder law issues for which every estate planner and probate attorney should be on the lookout. Session 03: The View from 30, 000 feet – Medicaid Myths All Attorney's Should Know - Join Stephanie as she explains Medicaid and Medicare mythbusting and challenges common misconceptions about: MERP, Medicaid, and Medicare, as well as protecting the home and other assets with Transfer on Death Planning and Couples Planning for Medicaid. Session 04: When Your Client May Have Diminished Capacity - In estate planning and elder law, attorneys often have clients that may be in some stage of diminished capacity. This creates ethical and legal issues for the attorney that can’t be ignored. Explore those issues and ways the attorney can navigate these turbulent waters. Session 05: Real Estate Issues in Elder Law - Review issues to better protect your clients, including homestead and agricultural exemptions; recent changes; to inspect or not, what could possibly go wrong; easements; and transactions with an affidavit of heirship within four years of date of death.  Session 06: Role of the Guardian - Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more. Session 07: Alternatives to Guardianship Including Supports and Services - An examination and discussion from the perspectives of the bench and in practice on lesser restrictive alternatives and available supports and services in guardianship. Which work? Which do not? And, how, in every case, the answer is, "It depends." Session 08: Medicaid Matters and Probate Proceedings - Join Stephanie as she explores how to protect homes from the Medicaid Estate Recovery Program [MERP] through probate proceedings, in addition to understanding the basics of protecting homes from the reach of MERP in the first place. Independent administrations may not always be the best choice, particularly in cases where no statutory waivers apply.

Includes: Video Audio Paper Slides

Session 01: 2023 Case Law Update - A survey of recent Texas cases addressing significant issues (fiduciary duties, piercing the entity veil, and more) in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 02: Texas Legislative Update for Partnerships and LLCs - Summary of selected bills passed in the 2023 Texas Legislature affecting partnerships and limited liability companies. Session 03: 2023 Secretary of State Update - Learn about filing tips and resources that will make your transactions with the Secretary of State easier and more predictable; hear updates on notable legislation and our system modernization initiative. Session 04: Updates from Delaware - A survey of recent Delaware cases addressing significant issues, including fiduciary duties, elimination of fiduciary duties and contractual interpretation in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 05: S corporations: A Cautionary Tale about Squaring the Circle - A discussion of some of the motivations driving the use of LLCs as S corporations, some of the potential issues and some of the drafting and structuring issues that should be considered if an LLC is taxed as an S corporation.  Session 06: Updated Model LLC Agreements - Review three model agreements tailored for a closely held company, including a discussion of some recent changes in the models as well as decisions that the authors made in drafting the models to help improve your drafting skills and result in better operating agreements. Session 07: Drafting Net Profit Agreements - Net profits agreements are used in transactions where the parties have an interest in sharing in profits but do not want to create or participate in an entity arrangement with the parties involved.  Net profits agreements raise a number of issues which may be as basic as the very definition of what the parties intend to share, as well as the methods of payout, the impact on tax consequences of these arrangements and concerns relating to the unintended partnership. Review the issues lawyers may need to consider with their clients to draft an effective net profits agreement.  Session 08: Provisions Limiting Liability and Duties in Partnership and Company Agreements - This panel will discuss the effectiveness and limitations on provisions of partnership and company agreements which provide for the modification of duties, exoneration from liability and indemnification with respect to claims against managers, members and other employees and agents.   Session 09: Effective Engagement Letters and Other Simple Risk-Management Tools - This ethics CLE presentation will look at engagement letters and how they can be used as a risk management tool. Along they way, the presentation will provide practical tips to help lawyers avoid conflict of interest pitfalls and to assist in controlling client expectations about the scope of the representation. Session 10: Multiparty Representation —Entity Formation - A deep-dive into the knurly problems of multi-party representation of start-up companies, including whether the client is the founder or founders or the company is yet to be formed. The ethical difficulties for the lawyer continue after formation as the company and its founders, directors and officers move beyond formation of the entity into the realm of operations.

Includes: Video Audio Paper Slides

Session 01: Lifecycle of Renewable Energy Projects - A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development.  Session 02: Renewable Energy Project Finance 101 - Discuss how various finance tools get stitched together to create a capital stack for a project so it can get developed and built. Session 03: Key Differences between Leases for Solar, Wind and Energy Storage Projects - The type of project being developed can substantially change the terms of long-term real estate agreements. A discussion of the legal provisions required by different kinds of renewable energy projects, as determined by differing uses in land, natural resources, and infrastructure. Session 04: Real Estate and Title Basics for Renewable Energy Projects - A primer on real estate and title matters for wind and solar energy projects. From the lens of real estate attorneys, hear a high-level overview of project timelines and milestones, the path to securing site control, key provisions of landowner agreements, navigating title and survey matters, and providing real estate support for contracting, financing, and sale of the project. Gain insight into critical deal points and best practices to help projects proceed efficiently.   Session 05: What's New? Federal Energy Update - Hear a lively update on developments affecting the renewable energy market. Session 06: Texas Regulatory Update: ERCOT & PUCT - Overview and discussion on recent and relevant PUCT proceedings and ERCOT market changes and initiatives.  Session 07: Joint Venture and Joint Development Agreements - As more new entrants enter the renewable energy industry, we continue to see an increase in joint ventures and other types of joint development arrangements. In this panel, we will discuss the reasons why, different types of joint structures, and key issues that tend to arise in these negotiations.   Session 08: Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California - Understanding the interplay of the mineral estate to the surface estate, and site control agreement and title insurance issues and strategies for securing financeable renewable energy surface rights in Texas and California, and more generally. Session 09: ​Top 10 Construction Loan Provisions - An overview of key provisions in project finance construction loan agreements with respect to renewable energy projects. Hear a high-level overview of the structure of a construction loan agreement and highlights of major pitfalls for both lenders and borrowers Session 10: Ethical Obligations in Negotiations - A foundational discussion about how you, as Counsel, accomplish your objectives and meet your goals while acting legally and ethically during negotiations. Reinforces the professional responsibility a lawyer must maintain when faced with ethical dilemmas in negotiations in order to identify: (1) the balance between a lawyer’s obligations of honesty and candor with client advocacy; (2) best practices in negotiations; and (3) the application of the ABA Model Rules of Professional Conduct in legal negotiations.

Includes: Video Audio Paper Slides

Session 01: First Contact, Case Evaluation, and Client Expectations - Learn how to assess who has a claim, potential conflicts, how to evaluate the potential liability, damages, and costs of the case, and how to manage your client's expectations about their case. Session 02: Investigation and Insurance - Examine critical aspects of the crash investigation, including the identification of potential parties and the myriad of potentially applicable insurance coverages. Session 03: ​Important Cases in the Prosecution and Defense of UM / UIM Cases - A review of recent cases impacting UM/UIM cases and the strategies for prosecuting and defending uninsured and under-insured motorist claims. Session 04: Low Property Damage Cases - Prosecuting and defending personal injury cases with minor property damage can present challenges. This session discusses the experiences and strategies from the plaintiff and defense perspectives. Session 05: Commercial Vehicle Accidents 101 - Learn about commercial vehicle litigation from the plaintiff and defense perspective. The presentation includes litigation involving tractor-trailers, commercial vehicles, and commercial buses. Session 06: Subrogation and Liens: Medicare, Medicaid and Hospitals - Health insurers and providers compete with claimants for personal injury recoveries. How do attorneys protect plaintiffs and defendants from subrogation interests and medical liens? The CLE paper covers all state and federal topics (ERISA, worker’s comp, child support, attorney liability, etc.) but the presentation drills down on three big subjects. Session 07: ​Negotiating with Insurance Adjusters - Learn how to maximize case value through preparation and presentation of the demand package. Session 08: Recurring Ethics Issues in Car Crash Cases - This session discusses recurring ethics issues in car crash cases affecting attorneys representing plaintiffs and defendants. Session 09: Recent Changes to the Advertising and Solicitation Rules: The Highlights - Comprehensive changes to the Texas Disciplinary Rules governing advertisements and solicitations became effective in 2021. This presentation highlights some of the most notable changes.

Includes: Video Audio Paper Slides

Session 01: Trial Preparation 101 - Stressed in trial prep and at trial? Inevitable? Yes. Manageable? Absolutely. Learn tips and strategies from an experienced plaintiff and defense attorney for developing a case and preparing for trial. Session 02: Discovery: Beyond Bullet Points - A discussion about the discoverability and admissibility of medical records, medical bills, and related data that focuses on the increasing role of “reasonableness” in the determination of what is discoverable and admissible and the added complexity and expense this adds to the litigation process. Session 03: Discovery: Best Practices and A View from the Bench - Practical advice for how to conduct effective, ethical and efficient discovery. Session 04: Overcoming “Bad Facts” A Plaintiff and Defense Perspective - Tips and tricks to deal with low property damage, pre-existing conditions, gaps in treatment, lack of medical bills, DWI, criminal clients, and more at trial. Session 05: ​Seatbelts and Police Opinions: Two Outcome Determinative Issues - Evidence about seatbelts and the investigating officer’s opinions has the potential to be outcome-determinative in a car crash case. What evidence should come before the jury, and what should be kept out? Session 06: Medical Bills in Car Crash Cases - Whether you’re an experienced trial lawyer or tackling your first car crash case, proving and challenging medical expenses can be daunting. Break down the nuts and bolts of this critical damages element, as well as more advanced strategies and recent case law impacting this ever-evolving area of the law. Session 07: Trying Cases Without Medical Bills - Texas law has made it difficult to try cases with our medical bills. That burden creates an avenue to trying cases without them and opening doors to greater potential verdicts. Session 08: Jury Selection: What, Why, and How? - What information are you truly trying to obtain during voir dire, why do you need that information for your specific case, and how are you asking questions to get it? Intentional strategies to help plan your approach to jury selection and execute it. Session 09: Storytelling and Themes - How to use stories and themes from voir dire through rebuttal to expose the defense’s use of psychology in trial. This presentation includes real-world, trial-tested stories and story techniques that have been successfully used all over the country in red, blue, and purple counties for car wreck verdicts big and (relatively) small. Session 10: Proving Up Future Damages - Including medical and lost wages. Session 11: Developing a Winning Deposition Strategy - Discuss the fail-safe tricks to ensure you have a winning strategy at depositions. Session 12: Overcoming the Problem Witness - How to handle the difficult witness, yours or theirs. Session 13: Beating the Expert - Find out how to take an expert’s deposition—how to avoid being intimidated and how to set realistic, attainable goals when you depose the "expert." Session 14: Developing Your Trial Cross Through the Adverse Deposition? - Learn to take admission-seeking depositions of adverse witnesses so that they are effectively limited in their testimony at trial. Session 15: Preparing Your Witness for Deposition - Witnesses win cases—and lose them. Learn how to keep your witness from giving it all up in a deposition and how to use the deposition to help prepare your witness to be a winner at trial.

Includes: Video Audio Paper Slides

A practical overview of the legal requirements of tax opinions, the attorney-client privilege in tax situations, and the various types of tax advice on return positions. Discuss the myriad of penalties on organizations and tax return preparers. Hear real-world examples of problems that non-profit organizations face and best practices to solve those problems.

Includes: Video Audio Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (1.00 hr | 1.00 hr ethics) How to Avoid Malpractice in a Post-Pandemic Legal World Law practice has been forever changed by the Covid-19 pandemic with the widespread adoption of remote work. While “work from home” has been eagerly embraced by many lawyers, it has caused an increase in age-old ethical problems for lawyers. This course is designed to help practitioners avoid conflicts and unintended clients, safeguard client confidentiality, maintain competence, and form better communication habits with their clients, other attorneys and staff. Robert L. Tobey, Johnston Tobey Baruch, P.C., Dallas, TX (1.00 hr | 1.00 hr ethics) Client Selection, Contracts and Handling Complaints (Replay) During a long career, almost no lawyer can completely avoid conflicts and complaints from Clients. The nature of our adversary system provides many opportunities for stress, misunderstandings and disagreements about how the legal system works – or the client’s expectations.  Many times, these matters can be avoided in the intake process. But when a complaint arises, lawyers need to know how to respond and handle those attorney client disagreements in ethical and empathetic ways. This course takes you through the interview process, the execution of clear attorney fee agreements, maintaining clear communications, and ultimately handling an attorney client dispute. Dozens of great tips, sound advice, and reminders of our fiduciary duty under the Disciplinary Rules. Claude E. Ducloux, Attorney at Law, Austin, TX (1.00 hr | 1.00 hr ethics) What Texas Lawyers Need to Know About Human Rights Considerations in Connection to Mega Sports Events (Replay) In 2026 the U.S. jointly with Canada and Mexico are hosting the FIFA World Cup. Houston and Dallas are the two Texan cities that will be hosting games. According to FIFA regulations as part of the bidding process, host countries and Host Cities were required to commit, amongst other things, to their obligations under the UN Guiding Principles on Business and Human Rights and to develop respective strategies. Now, each city has to engage in the phase of human rights due diligence for the tournament, focusing on enhanced stakeholder engagement and the development of a achievement framework for the Host Cities. This presentation explains the human rights due diligence, the human rights framework applicable and the potential areas for legal work. Ariel E. Dulitzky, The University of Texas School of Law, Austin, TX

Includes: Video Paper Slides

Law practice has been forever changed by the Covid-19 pandemic with the widespread adoption of remote work. While “work from home” has been eagerly embraced by many lawyers, it has caused an increase in age-old ethical problems for lawyers. This course is designed to help practitioners avoid conflicts and unintended clients, safeguard client confidentiality, maintain competence, and form better communication habits with their clients, other attorneys and staff.

Includes: Video Paper Slides

Explore some of the ethical hazards associated with practicing law virtually including unauthorized practice of law, confidentiality and cybersecurity, and the challenges of remote supervision.

Includes: Video Audio Paper Slides

Look at under-the-radar ethical issues affecting companies and the lawyers who represent them.

Includes: Video Audio Paper Slides

Hear advice on how to negotiate contracts with difficult counterparties, and explore the importance of our own mindset and how to manage our emotions in these situations. Walk through five types of outrageous negotiation positions and effective responses to defuse and reset the tone of the discussions. 

Includes: Video Audio Slides

Real-world questions and answers regarding ethics, the law, and what to do when your client asks you to do something improper.

Includes: Audio Paper Slides

Session 01: Survey of Position Enhancing Transactions in Bankruptcy - A discussion of position enhancing transactions (“PETs”), including what they are, how they’re used, and how they’ve fared in bankruptcy court and beyond. Session 02: Appeals of Bankruptcy Sales and Other Appellate Issues - A review of the latest bankruptcy appellate decisions, including MOAC Mall Holdings LLC v. Transform Holdco LLC and its anticipated effect on the finality of sale orders. Session 03: Recent Developments in Post-Petition DIP Financing - An exploration of trends in both defensive and opportunistic DIP financing, including observations with respect to DIP facility fees, DIP lien scope, priming and adequate protection, complete and creeping roll-ups, case milestones, claims waivers and challenge periods, and default and remedy protections. Session 04: Bank Failures and Banking Distress -  What did we learn from recent bank failures? How do we apply those lessons in bankruptcy cases?

Includes: Video Audio Paper Slides

Session 01: Chapter 13 v. Chapter 7: Death, Crypto, Exemption, Redemption, and 3002.1 In Between - A look at how different chapters of bankruptcy can create different outcomes for debtors and creditors alike. Session 02: Tax Liabilities and Bankruptcy as a Viable Alternative  - The IRS is a creditor no one wants. Can someone file a bankruptcy and make it go away? Review collection alternatives under tax law and look at tax debts within a bankruptcy filing. Session 03: Student Loan Litigation: Easier than You Think - “Student loans are not dischargeable in bankruptcy.” That’s the prevailing view…but it’s entirely wrong. This panel examines recent developments in student loan law and discusses how bankruptcy attorneys can help clients eliminate their student loan debt. Session 04: Deceased Debtors and Clients with Diminished Capacity - Does Grandma really want to be in bankruptcy?

Includes: Video Audio Paper Slides

Session 01: A.I. in the Bankruptcy Practice and the Ethics Involved - Explore the intersection of AI and ethics in the bankruptcy context. Session 02: Ethical Issues in Bankruptcy: RSAs, Prepetition Prepayment of Employee Incentive, Common Interest Privilege Issues - Does this work or not? Explore interesting tools sometimes used in complex Chapter 11 cases and the ethical questions that may arise.

Includes: Video Audio Slides