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Author Archives: TimD

ny continuing legal educationWith the holidays in full swing, there is a lot to be positively reflective about as the year comes to a close. There is also a number of parties that you are surely invited to. When the amount of parties is this high, the likelihood that someone will be injured or killed in a drunk driving accident goes up exponentially.

If you work in law, chances are you have landed on one side or the other in a case of driving under the influence or driving while intoxicated. The laws surrounding these crimes are very clear state to state and for most states, enforcing these laws takes even stronger priority around the holidays. In some cases your automobile might be taken away by the state if you are caught driving under the influence. If there is an accident, things become still even more complicated.

NY continuing legal education from Marino Legal can go over some of the specifics of local laws, as well as these laws’ effectiveness in driving down the cases of drunk driving. With the right New York CLE, you can learn the ins and outs of local laws.

No matter how strong or lenient the laws are in your area, we encourage you to drive responsibly this holiday season.

continuing legal education in nyIn the wake of last week’s tragedy in Connecticut, many elected officials are considering legislation on both gun control and building better systems for dealing with the sort of mental instability that leads to these tragedies. There are many ideas being put into play, among them stricter restrictions on handguns, lowering legal sizes of weapons’ magazines, and increased background checks for all firearms. By and large, it is seen as politically impossible to get many of these pieces of legislation through Congress, but there are two options that seem destined to shape the continuing legal education in NY and beyond.

The first option is a newer, stronger version of the Brady Handgun Violence Prevention Act, or “the Brady Bill.” When it was first adopted in 1994, this bill made it far more difficult for anyone with a history of mental illness or various other concerns to purchase a handgun. This resulted in nearly 1.9 million blocks in handgun licenses between the years of 1994 and 2009.

The second, and likely more immediately actionable, piece of the puzzle is reinstating the Assault Weapons Ban which ended in 2004. Several senators have indicated they might flip positions on this legislation after the recent spate of shootings. This all highlights the need to be attentive, not just to the latest laws, but even some older ones that have seemingly been dead for a long time.

As of last week, it was revealed the Supreme Court would hear a case challenging California’s same-sex marriage ban in the coming year. This is a huge move for our country and a historic moment for both opponents and proponents of same-sex marriage. It might just set the table for how the rest of the country moves on this issue.

It was widely expected that the SCOTUS would be forced to wrestle with the issue of same-sex marriage–with more and more cases being brought against the exclusionary legislation that has been recently passed over. Of course when California passed their same-sex marriage ban, it seemed they would inevitably be the state to bring the law to our country’s highest court. In spite of passing the law, California remains a deeply liberal state, with San Fransisco and Los Angeles being among the most liberal cities in the country.

Where will this lead legal precedent is probably still anyone’s guess. The Supreme Court has been known to surprise, but at this point signs point strongly towards the court ruling the law unconstitutional.

Want a refresher on what exactly makes a law constitutional? Keep your eyes on Marino Legal for coming NY continuing legal education lectures and courses on constitutional law.

Getting Leverage with CLE

December 5th, 2012 | Posted by TimD in Education | Law | Lawyer - (0 Comments)

There are many ways to have leverage in negotiations. As a lawyer, quite a few of these circumstances are outside of your control. The circumstances surrounding a certain case or even certain laws that a case deals with generally set most of the parameters for leverage. Still, as a lawyer you can create your own leverage when you present a case. The best way to be in control of the leverage is to understand as much as you can about the case.

Understanding cases comes from directly engaging with clients, witnesses and evidence–this much is clear. What is less clear is how simply keeping yourself sharp through various New York CLE programs, or even online CLE, can help you build a case.

Through improved understanding of the surrounding issues, you can apply the information about your current situation in a variety of ways. Seeing those angles is why seeking out expertise through lectures, web seminars and more New York continuing legal education is so vitally important. There is no other way to adept with the law than studiously disseminating the details of the law in question and laws in general.

Getting leverage in a negotiation is key. You can win without it of course, but why would you try?

Building Codes Post Hurricane Sandy

November 27th, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance - (0 Comments)

The evolution of laws happens in a variety of ways for a wealth of reasons. Sometimes, as discussed last week, it is simply the collective changing of our social acceptance. In other cases there is a quick change that requires people to rethink the way things were done. This is happening throughout the hardest hit areas of New York post-Hurricane Sandy.

In every area touched by the hurricane a reality is setting in that weather patterns are likely to leave many of these areas susceptible to more hurricanes in the future. As a result legal building codes and zoning for housing and businesses are likely to change. For legal aides to the city, state, and federal government, as well as personal lawyers to home and business owners, this is likely to make for a complex rethinking of standards for buildings and so much more.

If you are a lawyer looking to help victims or help the city with recovery a refresher on laws surrounding building safety and insurance policy are worth boning up on. Some online CLE or some other form of New York continuing legal education will helpfully bolster your credentials in these very nuanced and complex areas of law.

Back on November 6th Americans chose more than just their president. In several states voters were in favor of laws that are potential game changers in their states and far beyond. In Colorado and Washington state voters were in favor of legalized marijuana. Not medical marijuana mind you the full on legalization of marijuana. Throughout the country laws have been moving to decriminalize the drug or license it for medical use but these measures were unprecedented in the United States. In another development same sex marriage was legalized in Maine, Maryland and Washington by popular vote.

While neither of these advances in social liberalism should affect your New York CLE courses just yet they are worth watching out for. As these laws are implemented in these states the entire country will likely do some soul searching. Particularly in left leaning New York, where same sex marriage is already legal, the legalization of marijuana might begin to look quite appealing to cash strapped government officials.

If you are taking online CLE or other forms of continuing legal education to maintain certification as a lawyer you should not just monitor laws in your own state. Laws in other states often result in trends that can spread quickly throughout the country.

Is Online CLE Effective?

November 12th, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

With exploding class sizes and an inability to give students the sort of hands on education that they might require, or at the very least excel if offered, many school systems are looking closer at online education. Clearly this is not necessarily the same thing as the continuing legal education online offered by Marino Legal but it does offer some guidelines and research is over time proving the effectiveness of this model.

Hands on work is for most anybody, from the most dysfunctional preschooler to the lawyer fulfilling his or her annual New York continuing legal education requirements, the most effective way to learn. The reasons for this are simple. Focusing on actually doing a thing yourself will force you to break a process or idea down into its essential pieces. Once you have done so it is more quickly rendered to your memory.

Online CLE offers this sort of hands on dissemination in a way that is cost effective and convenient. On top of those factors, you can move the lesson along at your own speed. If you need to look back at a piece of the lesson your computer will allow you to do so. Rather than blowing through a series of lessons and leading them float in one ear and out the other you can take your time until you are confident in the material.

Bar Essay Preparation

November 8th, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

The essay is one of the most disconcerting parts of bar preparation. The worry of course is that preparation for long form questions can create a difficult issue for tutors and students alike. It is difficult to anticipate the questions you might have to deal with so in this area practice tests can often feel like exercises in futility.

Offering advice on how to maximize your points when you are familiar with the law in question is just the most thorough part of the preparation. There is a four step Marino Specific method of Bar essay preparation.

Perhaps most helpful of all is Marino’s method of scoring points even if you are not familiar with the law in question. Figuring out a strategy to handle the essay portion of the test is vital for even the most well studied law students. It is vitally important for law students to not just learn the details of the law but to find a clear methodology of understanding legal tests that are presented to them.

For a more thorough look at the best methods for taking care of an essay question consult with some NY continuing legal education from Marino Legal. They have a proven plan to better approach the whole Bar exam.

Learning To Understand The Soda Ban

October 31st, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance - (0 Comments)

Enforcing some more controversial legal statutes can become a bit more burdensome than even the best lawyer expects. When the well of the public’s opinion on a given topic has been sufficiently poisoned juries can be easily swayed to dismiss certain laws.

This is why keeping abreast of developments for specialized and contentious public policy is such a vital part of lawyers working in both defense and prosecution are so important. Take for instance the recent New York ban on large sodas at restaurants. This is sure to pop up over and over again in courtrooms in coming years. Mostly it is a law with no precedents. As a result it will be disseminated in real time in NY continuing legal education classes, with current lawyers matching wits with legal professors and vice versa.

This is one of the hidden functions of continuing legal education in New York and elsewhere. While local law insists active lawyers continue going to these sorts of lectures and classes they are compelled to contribute meaningfully. The power of a collection of people steeped in law sharing their ideas is just another contributor our law as a whole’s evolution. It keeps growing and we understand its limits and reach better with each class.

Marino Legal For Bar Exam Prep

October 22nd, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

Marino Legal is the place that the best lawyers in the country go for continuing legal education as required by their state’s bar association. So for people looking to take their Bar Exam it is a great bet to utilize their bar preparation classes and tutorials. You are learning not just from people who are able legal minds, you are learning from the same people that trusted legal experts themselves go to for refresher courses.

The Marino Legal Academy website offers several easy to find sections to sign up for the right kind of instruction for yourself. There is a catalog of courses, sections dedicated to your exam performance and another to setting up Tutoring. It is all purchasable at the mere stroke of a keyboard and it offers a great opportunity to bone up beyond the classes you are taking in law school.

Beyond in-person tutoring and lectures there is a wide array of online instruction that is conveniently available 24 hours a day seven days a week. These will offer you instruction that in many ways more closely mirrors the Bar exam itself. It offers you a chance to see where your strengths and weaknesses are before you get into that room.