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On Demand

Clarence Darrow: Crimes, Causes, and the Courtroom


Total Credits: 3 including 3 Ethics

Average Rating:
   132
Credit Type:
Legal Ethics
Faculty:
Graham Thatcher |  Anna Marie Thatcher |  James Fleming |  Honorable Jeffrey L. Viken, Esq. |  Barry R. Vickrey, Esq. |  Charles Abourezk, Esq. |  Alicia Garcia, Esq. |  John M. Stuart, Esq.
Course Levels:
Intermediate
Duration:
3 Hours 05 Minutes
License:
Access for 365 day(s) after purchase.



Description

A master of the courtroom stage, who possessed an uncanny understanding of human character, Clarence Darrow was arguably the greatest trial lawyer of the twentieth century. He was an adamant opponent of capital punishment and a passionate proponent of civil and human rights. Often called the "Attorney for the Damned," he fought for the underdog and took on criminal cases thought to be hopeless. Yet, while commanding respect as a trial lawyer, Darrow was often embroiled in bitter controversy for his unpopular stands on many issues and criticized for his purported unethical professional behavior. 

This spellbinding and realistic character portrait of Darrow portrays his deeply held beliefs and hard-fought courtroom battles. Replete with humor, humanity and intense courtroom drama, the movie engages attendees in four of the great defense lawyer' s most famous cases between 1910 and 1928: Loeb and Leopold, Henry Sweet, the McNamara Brothers bombing of the LA Times Building and the Scopes "Monkey Trial." Using Darrow's own thoughts and courtroom summations, the movie explores timeless social, legal and ethical issues and provides a fresh and engaging tool to facilitate discussion of ethical behavior in and out of the courtroom.

CLE TIME: The webinar features the movie and a filmed panel discussion and runs 3 hours.

The filmed panel discussion is moderated by Attorney Brian T. Guthrie. During this on-demand viewing, attendees can also submit questions to Guthrie via email. 

Throughout the webinar, this presentation deals with issues relating to the ABA Model Rules of Professional Conduct, including:

  • Preamble: A Lawyer's Responsibilities
  • Rule 1.2:     Scope of Representation and Allocation of Authority Between Lawyer and Client
  • Rule 1.6:     Confidentiality
  • Rule 1.7:     Conflict of Interest:  General Rule
  • Rule 1.13:   Organizational Clients
  • Rule 2.1:     Advisor
  • Rule 3.5:     Impartiality and Decorum of the Tribunal
  • Rule 5.1:     Responsibilities of a Partner, Managing Lawyer or Supervisory Lawyer
  • Rule 5.2:     Responsibilities of a Subordinate Lawyer                  
  • Rule 5.3:     Responsibilities Regarding Nonlawyer Assistants
  • Rule 8.3:     Reporting Professional Misconduct

Produced by:

Handouts

Faculty

Graham Thatcher's Profile

Graham Thatcher Related Seminars and Products

Periaktos Productions


GRAHAM THATCHER, who portrays Sir Thomas More, was the Artistic Director and primary performer for Periaktos Productions. Over his lifetime he performed in or directed over 250 community, university and professional theatre productions. He co-authored Clarence Darrow:  Crimes, Causes and the Courtroom, Maxims, Monarchy and Sir Thomas More and Impeach Justice Douglas! and performed in the leading roles in those CLE Theatre programs. He also coauthored and directed Thurgood Marshall’s Coming!
Graham Thatcher also served as a workshop facilitator and consultant in communications and was the creator and facilitator of “Word of Mouth: A Workshop in the Art and Ethics of Oral Communication for Lawyers” and “The Art of the Law:  A Workshop in Professionalism for Lawyers,” which he presented for numerous law schools and bar associations. He held a B.A. from San Francisco State University, an M.A. in Theatre from the University of South Dakota and a Ph.D. in Philosophy from the University of Minnesota. He was listed in Who's Who in American Education and Outstanding American Educators and was a recipient of the Governor's Award from the Minnesota Council on Quality.  Graham was named "National Presenter of the Year for 2006" by the New Mexico Bar Foundation and received the Rushmore Honors Award in the Arts from the Rapid City Area Chamber of Commerce in 2007.  He passed away in May of 2018, leaving a decades long legacy in both the performing arts and Continuing Legal Education.


Anna Marie Thatcher's Profile

Anna Marie Thatcher Related Seminars and Products


ANNA MARIE THATCHER is the Owner and Managing Producer for Periaktos Productions and is the producer of all of their CLE Theatre programs and movies.  She is an attorney and has worked for forty-five years with artists and visual and performing arts organizations as an arts consultant, producer and director.  She is the co-author, producer and director of Clarence Darrow:  Crimes, Causes and the Courtroom, Maxims, Monarchy and Sir Thomas More and Impeach Justice Douglas!, the live CLE Theatre programs and CLE movies of the same titles presented by Periaktos Productions. She is the co-author of the script for their stage production and movie version of Thurgood Marshall’s Coming!
 
Anna Marie is a licensed member of the Minnesota Bar and continues to work with artists and nonprofit arts organizations  She holds a B.A. from Dakota Wesleyan University (Mitchell, SD), an M.A. in Theatre from the University of South Dakota, and a J.D. from Hamline University School of Law (St. Paul, Minnesota).  She is a member of the ABA, the Minnesota Bar Association and ACLEA (Association of Continuing Legal Education) and is listed in Who's Who in American Law. Anna Marie also serves as volunteer for non-profit organizations with formation and tax exemption issues and serves on the Advisory Board of the Black Hills Film Festival.  She served for 20 years on the Board of the Black Hills Playhouse Alumni Association as its president, initiating and managing several major projects over that time to raise funds for the Playhouse. She continues to produce independent CLE programs and theatrical productions and makes her home in the Black Hills of South Dakota.


James Fleming's Profile

James Fleming Related Seminars and Products


JAMES “JIM” FLEMING has almost 40 years of experience as a prosecutor and public defender. He served for eleven years as Chief Public Defender in Minnesota – in the 5th Judicial District (Mankato) from 2001 to 2007 and in the 2nd Judicial District (St. Paul) from 2016 to 2022.  Prior to that he was a partner in Maschka, Riedy & Ries Law Firm for almost ten years with a focus on personal injury and criminal defense.

Now retired, his trial experience includes more than 100 trial-to-verdict jury cases. He was named Minnesota Attorney of the Year in 2012 and 2019 and was chosen as a Super Lawyer by Minnesota Law & Politics. Fleming is a certified Criminal Law Specialist and has taught trial advocacy in Minnesota and several other states.

He holds a B.B.A. from St. Norbert College (De Pere, WI) and a J.D. from William Mitchell School of Law (now Mitchell Hamline School of Law.)  He is a member of the National Association of Criminal Defense Lawyers, Minnesota Association of Criminal Defense Lawyers, and Minnesota Association for Justice.


Honorable Jeffrey L. Viken, Esq.'s Profile

Honorable Jeffrey L. Viken, Esq. Related Seminars and Products


JEFFREY L. VIKEN (Moderator) is a former United States district judge of the United States District Court for the District of South Dakota. Born in Huron, South Dakota, Viken earned a B.A. and a J.D. from the University of South Dakota (Vermillion). He was admitted to the South Dakota bar under the diploma privilege, which, prior to 1983, allowed law graduates in the state to practice law without passing a bar exam.

From 1977 to 1981, Viken served as an assistant United States Attorney for the District of South Dakota and in 1981 became the Acting United States Attorney for the District of South Dakota. From 1981 to 1982, Viken was a partner in the Rapid City, South Dakota law firm of Finch, Viken & Viken, and then from 1981 to 1992, Viken was a partner in the Rapid City firm of Finch, Viken, Viken & Pechota. From 1992 to 2003, Viken served as a partner in the Rapid City law firm of Viken, Viken, Pechota, Leach & Dewell, LLP. 

In 2003, Viken was appointed the federal public defender for the District of South Dakota by the United States Court of Appeals for the Eighth Circuit. In 2005, the Eighth Circuit appointed Viken the Federal Public Defender for the District of North Dakota and he led a combined-district organization for both North Dakota and South Dakota. 

In President Barack Obama nominated Viken to a vacant seat on the United States District Court for the District of South Dakota and he was unanimously confirmed by the U.S. Senate on September 29, 2009. He served as Chief Judge from 2013 to 2019.  He assumed senior status on October 1, 2021 and retired from active service on October 1, 2023.
 


Barry R. Vickrey, Esq.'s Profile

Barry R. Vickrey, Esq. Related Seminars and Products


BARRY R. VICKREY served as Dean of the University of South Dakota School of Law (Vermillion, SD) from 1993 to 2011 and then served as a full-time professor until his retirement in 2016. He taught legal ethics throughout his career in legal education.

Prior to his tenure at USD, he was on the faculty of the University of North Dakota School of Law for eleven years, including five years as Associate Dean. He was on the staff of the American Bar Association for five years, serving as assistant to the president elect president and as Director of the Division of Professional Education.

Between college and law school, he was a staff aide on the Policy Planning Staff of the Governor of Tennessee. Barry lived in Tennessee for most of his early life and is admitted to the practice of law in Tennessee and South Dakota.

He holds a B.A. in history and a J.D. from Vanderbilt University, where he was elected to Phi Beta Kappa. His wife, Mary Green Vickrey, is a singer-songwriter and music educator who holds a B.A. from Vanderbilt and an M.A. from USD. They have two grown sons and two grandchildren.


Charles Abourezk, Esq.'s Profile

Charles Abourezk, Esq. Related Seminars and Products


CHARLES (CHARLIE) ABOUREZK is a Member Partner in the Abourezk Law Firm in Rapid City, South Dakota, primarily representing Indian tribes, tribal organizations and Native American clients.  He is licensed to practice in South Dakota, U.S. District Court for South Dakota and North Dakota, Eighth Circuit Court of Appeals, U.S. Supreme Court, Rosebud Sioux Tribal Court and Oglala Sioux Tribal Court and currently serves as Justice of the Supreme Court of the Rosebud Sioux Tribe in South Dakota.
 
Charlie is an Adjunct Faculty Member at Black Hills State University (Sociology and American Indian Studies), South Dakota State University (Ph.D. Program) and Oglala Lakota College (Graduate Program in Lakota Leadership) and also serves as a consultant to mental health, treatment and school facilities in group psychology, group dynamics and conflict resolution.
 
Also a filmmaker, he was the writer, producer and director of It Can Happen To Anyone, a short minute documentary on AIDS on Indian Reservations and is the co-writer, co-director and co-producer of A Tattoo on My Heart: The Warriors of Wounded Knee 1973, a feature length documentary broadcast numerous times on the PBS. His films in progress include Red State Blues, a feature length documentary narrated by Peter Coyote, on the careers of two liberal politicians (George McGovern and James Abourezk) in conservative South Dakota; Quiet Desperation:  A Remembrance of Floyd Red Crow Westerman; and The Intellect of J.L. Moreno (the founder of Psychodrama, Sociometry and the concept of group therapy).
 
Charlie is a Member of South Dakota Bar Association, Sicangu Oyate Bar Association, American Bar Association, Association of American Justice (AAJ), South Dakota Trial Lawyers Association and he serves on the South Dakota Advisory Committee to the United States Commission on Civil Rights (Region 8, Denver, CO).  He holds a B.A. in Political Science and Mass Communications and a J.D. from the University of South Dakota (Vermillion, SD) and is a Master’s Candidate in Counseling at South Dakota State University.  He is a graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, for which he has also served as a Member of the Board and on the Faculty.  He has completed many hours of training in Psychodrama and Sociometry at The National Psychodrama Training Center.


Alicia Garcia, Esq.'s Profile

Alicia Garcia, Esq. Related Seminars and Products


ALICIA GARCIA grew up in Los Angeles, California and holds a B.A. in Communications from California State University Northridge.  She graduated from Stanford Law School in 1990 and went to work with CBS Television in Los Angeles.  After living and working in Southern California for most of her life, she decided that she wanted to make a life and raise a family somewhere outside of urban L.A.  She then spent several months living in London and, upon her returned to the United States, spent three months on a coast-to-coast road trip in search of the ideal place to live.  She found the beautiful Black Hills of South Dakota and in the spring of 1994, Alicia packed up and moved.  That summer she passed the South Dakota Bar examination and in 1995 began her legal practice with the Abourezk & Garcia Law Firm in Rapid City, SD.
 
Alicia soon joined the KOTA Territory Television news team and, in addition to practicing law, anchors the KOTA News at 10:00 p.m. She also produces KOTA’s Consumer Report, which airs three times a week.  She loves discovering, uncovering and delivering the news to the Black Hills region and her legal experience provides a basis for reporting on issues that are especially useful to consumers.
 
Most of Alicia’s legal practice involves representing plaintiffs in cases of insurance bad faith and corporate fraud, as well personal injury as a result of negligence and/or medical malpractice.  She and Mike Abourezk have presented many seminars on insurance bad faith to attorneys around the country.  In 2009 the South Dakota Trial Lawyers Association presented them with the “Toast of the Trial Lawyers Award” for their pro bono work to secure insurance payments denied to patients for high dose chemotherapy and stem cell transplant treatment.
 
In 2006 Alicia Garcia’s story of success as both a trial lawyer and television anchorwoman was the subject of a feature article, “Two Careers, Four Kids and a New Life in the Black Hills” in Lawyers Weekly.  Alicia loves to travel, particularly to Costa Rica, where her family originated, and enjoys participation in the Black Hills Community Theatre.  She is the proud mother of two sons and two daughters.


John M. Stuart, Esq.'s Profile

John M. Stuart, Esq. Related Seminars and Products


JOHN M. STUART was the Minnesota State Public Defender from 1990 to 2014, supervising a state public defense system in which 700 lawyers and support staff represent 175,000 clients a year. Prior to that he was a trial court public defender for 12 years. Stuart has served as Co-Chair of the American Council of Chief Defenders and taught at the National Defender Leadership Institute. In Minnesota, he has worked on numerous statewide task forces dealing with racial fairness, drug and sex offender sentencing, child welfare and juvenile justice. He holds a B. A. from Haverford College (Haverford, PA) and a J.D from the State University of New York Law School at Buffalo, where he was a volunteer law clerk for the Attica Brothers Legal Defense. Stuart retired in 2014 and is still active in the justice system, continuing to work on creating more drug courts and treatment programs for nonviolent offenders as an alternative to jail time.


Reviews

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Overall:      4.5

Total Reviews: 132

Comments

Daniel F - Golden, Colorado

"More aggressive objection/control during closing argument."

Margaret H - Portland, Maine

"Defend the client first!"

Neil F - Portland, Maine

"Opening argument can be more than mere outline of case"

Andrew B - London, England

"Remember to maintain duties not only to client but to court."

Cheryl B - Alpharetta, Georgia

"I will be mindful of the role I play as an officer of the court vis-a-vis the role of crusader for a client's cause. This CLE helps attorneys become clear eyed about all of the facets of the ethics stone. Thank you. And I LOVE learning more about Clarence Darrow who has lived in imagination and film but without the ethics discussion. "

Jen R - Cumberland, Maine

"Developing a theme of the case from the outset"

Andrew B - Lander, Wyoming

"framing opening remarks"

Clarissa E - Hampden, Maine

"not actually a litigator"

Patricia V - Lubec, Maine

"Story telling"

Linda S - Broomfield, Colorado

"This is not new, but it reaffirmed to always go with your client and discuss with the client, even if a third party (such as a parent) pushes for a different path. At the end of the day, it is the client that is affected."