New Government Lawyer Bootcamp

July 18, 2024

Whether you are an in-house attorney or outside counsel, you are no doubt aware that local government practice presents unique ethical issues that often arise unexpectedly. The local government client is comprised of innumerable constituent representatives that have varying levels of sophistication and understanding when it comes to the roles and responsibilities of the local government attorney. In addition, elected officials often have different ideas of ethical requirements than do administrative officials or (gasp!) local government attorneys. This presentation will describe a series of ethical challenges that resulted in the promulgation of Legal Ethics Guidelines as a means to educate the client on what we do, how we do, and why we do. The following ABA Model Rules will be discussed in the presentation: 1.6, 1.7, 1.11, 1.13, 3.8, 4.1, 4.2, and 5.1.

Speaker: Wynetta Massey

June 20, 2023

Municipal attorneys are often asked, “Can we do this?”, when “this” relates to getting, spending, and borrowing money by their municipal clients. This session will consider the essential legal issues attendant to that question. We will discuss basic constitutional issues like public purpose, corporate purpose, and lending of the public credit; the theoretical distinction between taxes and fees; the legal ramifications of that distinction; and other limitations on the ways that municipalities can get and spend money. We will also briefly consider the role and types of municipal borrowing. Because the laws vary widely from state to state, the session will focus on issue spotting and general questions that the municipal attorney should consider when asked financial questions.

Speaker: Eric Shytle

June 22, 2017

You’ll learn about:

• Legal issues in drafting regulations that are often overlooked, and how to recognize them: vagueness and over breadth, delegation of authority, constitutional issues.
• Identifying unclear language, and thinking ordinances through to avoid unintended consequences; How to better organize regulations.
• Writing in plain English; avoiding legalese and plannerese. Remember your audience.

On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.

Little time in a planner’s education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.

The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.

Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls in the drafting process.

Speakers: Kimberly Mickelson, David Silverman & Daniel R. Mandelker

January 11, 2024

Join experienced land use and local government law practitioner David Warner in this webinar as he explores property rights, regulation of private property, planning, zoning, subdivisions and other modern legal issues in land use law. For those new to land use law, this is a primer on the up-to-date basics you need to know to spot issues and to determine the appropriate course of action. For the experienced practitioner, this presentation not only serves as a refresher course, but also includes new points of law that have developed in recent years, which impact the basics.

Speaker: David Warner

May 18, 2015

It often has been said that one of the largest components of a local government budget is for personnel and labor costs.  While there are many similarities between guiding employers between the public and private sectors, public employers have some additional concerns not faced by their private employment counterparts.

This webinar provides some road maps and guide posts to help navigate through the maze of federal and state statutory employment requirements along with discussion of some common law doctrines particularly focused on the public sector.

Among topics to be addressed are the following:

• The Employment Framework – Employee, Volunteer or Independent Contractor; At-Will Status
• Overview of Selected Federal and State Labor Laws
• Constitutional Protections for Public Employees, Including Employee Speech
• The Life Cycle of Employment from Hiring to Discipline to Termination
• The Municipal Attorney’s  Role

Speaker: Dan Crean

May 5, 2022

This presentation will outline the steps in preparing for a negotiation, discuss factors to consider in picking a strategy, and demonstrate both how to use and how to counter some of the most common negotiation tactics.

Speaker: DeWitt “Mac” McCarley

February 2, 2016

Officer involved shootings and the potential for police liability in those shootings have become a focal point in the American consciousness.  Considering this, it is important to understand what is needed to successfully defend officers involved in these shootings.  “Anatomy of a Shooting Trial” will provide an introductory look at the trial tactics, strategies, and logistics of the civil defense of an officer and assist you in your next officer involved shooting trial.

Speaker: John Wilkerson