Easement Issue Resolution Workshop: Advanced legal techniques (includes 1 hour ethics)

Joseph C. Rust
Joseph C. Rust
Kesler & Rust

Joseph C. Rust co-founded the law firm of Kesler & Rust in 1980 and has practiced law for over 55 years.

Cari Sheehan
Cari Sheehan
IU Kelley School of Business

Cari Sheehan plays a pivotal role in guiding attorneys through the complex landscape of legal ethics.

On-Demand: July 15, 2024

2 hour CLE

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Program Summary

Session I – Easement Issue Resolution Workshop: Advanced legal techniques - Joseph C. Rust

This comprehensive session provides legal professionals with the essential knowledge and practical skills needed to navigate the complexities of easement law. Participants will delve into the intricacies of easement creation and termination, explore drafting techniques for reciprocal and complex easement agreements, and learn strategies for resolving contentious disputes through negotiation or litigation. Additionally, the session covers easement enforcement, condemnation, valuation, and the tax implications of easements, including recent updates on conservation easements in 2024. By the end of the session, attendees will emerge equipped to confidently navigate the challenges of easement law in today's legal landscape.

Key topics to be discussed:

  • Easement creation and termination
  • Easements by necessity or prescription
  • Drafting reciprocal easements and other complex easement agreements
  • Resolving and litigating contentious easement disputes

Session II - Advanced Ethics for Lawyers: Applying critical thinking – Cari Sheehan

This session will delve into several key Professional Rules of Conduct, providing a critical thinking approach to ethics that is essential for all litigators and legal practitioners. Participants will gain a deeper understanding of how these rules apply in various legal contexts and will explore real-world examples to enhance their ethical decision-making skills. It is a session you will not want to miss.

Key topics to be discussed:

  • Explore Professional Rule of Conduct 1.2 regarding client as the boss
  • Explore Professional Rule of Conduct 1.4 regarding client communication
  • Discuss and provide examples of confidentiality under Professional Rule of Conduct 1.6
  • Discuss and provide examples of professionalism under Professional Rule of Conduct 8.4
  • Explore the use of social media including ethical concerns and how it affects litigators at trial, e.g., searching jurors, befriending judges and more!

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Joseph C. Rust_FedBarJoseph C. Rust | Kesler & Rust

Joseph C. Rust co-founded the law firm of Kesler & Rust in 1980 and has practiced law for over 55 years. He earned his B.A. (1966) and his J.D. (1968) from the University of Utah, where he graduated from the Order of the Coif and was on the Utah Law Review. He started his practice of law with the firm of Kirton & McConkie. From 1970 to 1974 he was European Area counsel for the Church of Jesus Christ of Latter-day Saints in Frankfurt, Germany. He is currently counsel to Kesler & Rust.

Mr. Rust has extensive experience in all aspects of real property law, including property/business acquisitions and sales, zoning and development issues, construction law, title insurance issues, and commercial litigation. He also has extensive international property law experience. Mr. Rust has successfully handled many cases at the city, county, district court and appeal court level concerning real property matters. Mr. Rust has been involved with over 50 appeals, including appeals to the Utah Court of Appeals, the Utah Supreme Court, the Tenth Circuit Court of Appeals and two cases before the U.S. Supreme Court.

 

Cari Sheehan_FedBarCari Sheehan | IU Kelley School of Business

Cari Sheehan plays a pivotal role in guiding attorneys through the complex landscape of legal ethics. She meticulously identifies and resolves conflicts of interest, ensuring that the Firm’s operations remain ethically sound. Her responsibilities also extend to coordinating the resolution of any legal ethical issues that arise, requiring her to have an in-depth understanding of legal ethics and a keen ability to navigate intricate situations. Sheehan also implements protocols and procedures that are in strict accordance with the applicable rules of professional conduct. Beyond her vital contributions to the Firm, Sheehan is a highly respected figure in the legal community. She is a sought-after speaker, frequently invited to present at continuing legal education seminars both locally and nationally. Her seminars cover a wide range of legal ethics topics, reflecting her extensive knowledge in the field. Her ability to communicate complex ethical principles in an engaging and accessible manner makes her presentations invaluable to legal professionals seeking to deepen their understanding of ethics.

In addition to her speaking engagements, Sheehan serves as an adjunct professor at the Robert H. McKinney School of Law, where she teaches Professional Responsibility. She has also taught courses in business ethics and business law during her tenure as an Assistant Clinical Professor of Business Law and Ethics at the Kelley School of Business. Furthermore, Sheehan regularly contributes to the Res Gestae with insightful articles on ethics and the law. Her writings offer a nuanced perspective on contemporary ethical issues, providing valuable guidance to legal practitioners. In all her roles, Cari Sheehan demonstrates a profound dedication to upholding and promoting the highest standards of legal ethics, making her an invaluable resource to the Firm, the legal community, and the broader field of law.

Agenda

Session I – Easement Issue Resolution Workshop: Advanced legal techniques | 11:00am – 12:00pm

  • Easement creation and termination
  • Easements by necessity or prescription
  • Drafting reciprocal easements and other complex easement agreements
  • Resolving and litigating contentious easement disputes

Break | 12:00pm – 12:10pm

Session II – Advanced Ethics for Lawyers: Applying critical thinking | 12:10pm – 1:10pm

  • Explore Professional Rule of Conduct 1.2 regarding client as the boss
  • Explore Professional Rule of Conduct 1.4 regarding client communication
  • Discuss and provide examples of confidentiality under Professional Rule of Conduct 1.6
  • Discuss and provide examples of professionalism under Professional Rule of Conduct 8.4
  • Explore the use of social media including ethical concerns and how it affects litigators at trial, e.g., searching jurors, befriending judges and more!

Credits

Alaska

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 General, 1 Ethics

Arkansas

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
1 General, 1 Ethics

California

Approved for CLE Credits
1 General, 1 Ethics

Colorado

Pending CLE Approval
1 General, 1 Ethics

Connecticut

Approved for CLE Credits
1 General, 1 Ethics

District of Columbia

No MCLE Required
1 General Hour, 1 Ethics Hour

Delaware

Pending CLE Approval
1 General, 1 Ethics

Florida

Reciprocity
1 General, 1 Ethics

Receive CLE credit in Florida via reciprocity.
Georgia

Approved for CLE Credits
1 General, 1 Ethics

Hawaii

Approved for CLE Credits
1 General, 1 Ethics

Iowa

Approved for Self-Study Credits
1 General, 1 Ethics

Idaho

Pending CLE Approval
1 General, 1 Ethics

Illinois

Approved for Self-Study Credits
1 General, 1 Ethics

Indiana

Approved for Self-Study Credits
1 General, 1 Ethics

Kansas

Pending CLE Approval
1 General, 1 Ethics

Kentucky

Pending CLE Approval
1 General, 1 Ethics

Louisiana

Pending CLE Approval
1 General, 1 Ethics

Massachusetts

No MCLE Required
1 General Hour, 1 Ethics Hour

Maryland

No MCLE Required
1 General Hour, 1 Ethics Hour

Maine

Pending CLE Approval
1 General, 1 Ethics

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
1 General Hour, 1 Ethics Hour

Minnesota

Approved for Self-Study Credits
1 General, 1 Ethics

Missouri

Approved for Self-Study Credits
1.2 General, 1.2 Ethics

Mississippi

Pending CLE Approval
1 General, 1 Ethics

Montana

Pending CLE Approval
1 General, 1 Ethics

North Carolina

Pending CLE Approval
1 General, 1 Ethics

North Dakota

Approved for CLE Credits
1 General, 1 Ethics

Nebraska

Pending CLE Approval
1 General, 1 Ethics

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
1 General, 1 Ethics

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General, 1.2 Ethics

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General, 1 Ethics

Nevada

Approved for Self-Study Credits
1 General, 1 Ethics

New York

Approved for CLE Credits
1.2 General, 1.2 Ethics

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
1 General, 1 Professional Conduct

Oklahoma

Approved for Self-Study Credits
1 General, 1 Ethics

Oregon

Approved for Self-Study Credits
1 General, 1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 General, 1 Ethics

Rhode Island

Approved for CLE Credits
1 General, 1 Ethics

South Carolina

Pending CLE Approval
1 General, 1 Ethics

South Dakota

No MCLE Required
1 General Hour, 1 Ethics Hour

Tennessee

Approved for Self-Study Credits
1 General, 1 Ethics

Texas

Approved for CLE Credits
1 General, 1 Ethics

Utah

Pending CLE Approval
1 General, 1 Ethics

Virginia

Not Eligible
1 General Hour Hours, 1 Ethics Hour Hours

Vermont

Approved for CLE Credits
1 General, 1 Ethics

Washington

Approved via Attorney Submission
1 Law and Legal, 1 Ethics

Eligible for CLE credit. Attorneys must self-apply to the Washington Bar for CLE course attendance credit. myLawCLE will proactively supply Washington attorneys with the self-application package.
Wisconsin

Approved for Self-Study Credits
2 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
1 General, 1 Ethics

Wyoming

Pending CLE Approval
1 General, 1 Ethics

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