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The Care and Feeding of Volunteers: Maximizing the Experience for Your Volunteers and for Yourself Presentation for ACLEA Montreal Summer Conference 2002 Carol Weiss Kotler, Esq. Program Attorney Massachusetts Continuing Legal Education (MCLE) Boston, Massachusetts (617) 350-7006, ext. 1243; email [email protected] I. The Golden Rules of Successful Relationships with Volunteers Plan ahead. Be well organized and well prepared. Know what you need -- and ask for it. Know what your volunteers want -- and give it to them! II. Advance Planning; Developing the Program Plan in advance Know your topics, latest developments, important lawyers, firms, etc.

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The Care and Feeding of Volunteers: Maximizing the Experience for Your Volunteers and for

Yourself

Presentation for ACLEA Montreal Summer Conference 2002

Carol Weiss Kotler, Esq.Program Attorney

Massachusetts Continuing Legal Education (MCLE) Boston, Massachusetts

(617) 350-7006, ext. 1243; email [email protected]

I. The Golden Rules of Successful Relationships with Volunteers

Plan ahead. Be well organized and well prepared.Know what you need -- and ask for it.Know what your volunteers want -- and give it to them!

II. Advance Planning; Developing the Program

Plan in advanceKnow your topics, latest developments, important

lawyers, firms, etc.Create a preliminary agenda. Describe the characteristics of the presenters: e.g.,

specialists or generalists, accountants or other non-lawyer professionals.

Identify the qualifications that the chairperson must have, e.g., specialized knowledge, contacts, reputation, ability to marshal resources for the seminar book.

Recruit the ChairpersonYou've done your homework, now invite the lawyer

whose skills best fit your program needs to be the chair.

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Be honest, tactful and firm about the extent of time and effort you will require from the chair. If your first choice doesn't have the time to do everything, do NOT lower your standards. Instead, offer to showcase her in a future program, and invite someone else to chair this program.

Describe your conception of the program, and solicit her input.

Work with the chair to identify agenda topics, faculty qualifications, presentation styles (e.g., lectures, faculty roundtable discussion, faculty demonstrations of mock hearings, breakout sessions for registrants to work on hypothetical cases studies).

Now you and the chair are ready to recruit the faculty, solicit their input, and finalize the agenda.

State your expectations for volunteer participation. Don't lower them. Be firm, polite and consistent.

Do not minimize the amount of work that is required, or pressure a reluctant lawyer into volunteering. You need an enthusiastic and hard working chair and faculty members to produce a quality program and comprehensive written materials. Know what you expect before you recruit your chair and volunteers, explain it properly, be honest about the amount of time and effort it will take to produce a quality oral presentation and written materials, and stress the deadlines when you extend your invitations.

A comprehensive, timely, practical set of materials is important to the success of the program. Therefore, preparing quality written materials is an important aspect of the volunteers’ job. Stress this responsibility when you recruit your faculty members. Tell them that "Your name is on the cover as a volunteer author. Our CLE organization is dedicated to producing a high-quality book that is worthy of having your name on it."

If the invited lawyer cannot devote the required time, tell her that you will invite someone else for this program, and sure to offer her the opportunity to speak at some future

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program. Ask her to call you when her schedule clears and she has enough time to devote to a program. This will help potential volunteers be honest about their commitments, without worrying that they are losing a chance for the publicity that volunteers obtain.

Be consistent. Over time, your volunteers will know what you expect, and will be assured that everyone else on the panel will work as hard as they will to create an excellent presentation and seminar materials. They will be happy to work with you and will fulfill their responsibilities when they volunteer, knowing that they will be very satisfied with the quality of their programs. You will improve the quality of your seminars and written materials and will have an easier time administering the programs.

Of course, you cannot expect every speaker to submit written materials. There are always exceptions. Know when to make them, and how to compensate. Plan ahead! Judges, government officials, and some other lawyers may be vital to a particular program, but may not be willing to prepare written materials. You should anticipate this before your recruit them, so you can fill the panel with other speakers who can submit enough written materials to fill the gap.

Prepare an excellent program brochureYour brochure should be written after you have

consulted with the chair and the faculty and received their input as to topics and presentation styles.

The chair or you can write the brochure. You must edit it and refine it with an eye to content, proper descriptions of all its features, and marketing punch. Use your experience and expertise.

Your CLE organization wants a large audience, and so does your faculty. Prepare a good brochure, and help to attract one. But be honest when you recruit your faculty, and give them a realistic estimate of the size of the audience, so that they will not be disappointed or threaten to back out if the audience is smaller than they expected.

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Your program must pass the "SO WHAT? test”You may plan a very interesting, intellectually

stimulating program, but you haven't finished your job if the program doesn't pass the "So What?" test. List all the agenda items, topics and features of the program. Then put yourself in the shoes of your potential audience, and ask "So What? Why do I want/need to know all this? How can I use this knowledge in my practice? How can I use this to help my clients?” Your program won't attract an audience or successfully deliver the practical, timely education they need, if you can’t answer these questions. You must make this clear to the faculty as you develop the program, and remind them as they plan their presentations.

III. The Second Stage: Faculty Meetings and Program Development

Faculty meetings Schedule a faculty meeting as soon as possible, either

before the brochure is finalized or immediately afterward. (Your brochure will reflect faculty input even if you have not had a meeting before it is published, because you and the chair will have discussed the program and solicited faculty input as you recruit your faculty.) In-person meetings work best, but conference calls are often used when the faculty is dispersed. Items to discuss and agree upon at the meeting are: oral presentations, the program schedule, the presentation methods, and written materials.

Oral Presentations: Allocate responsibility for oral presentations of each agenda topic. Decide on presentation styles that complement your topics (e.g., lecture by a single person; lecture followed by commentary by others, discussion of a hypothetical situation to illustrate your points; faculty demonstrations; breakout sessions to enable registrants to work in small groups on a hypothetical case study.) Finalize the time schedule.

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Written materials: Assign responsibility for written materials for each topic. Get everyone's suggestions as to contents. Be sure to include substantive chapters, sample documents and other practical items, such as form letters, client intake checklists, charts, government regulations, etc. Many of your faculty members may be able to contribute their own versions of sample forms, documents and checklists to supplement the submission of the main speaker on each topic.

Arrange for a second meeting or conference call, if needed, two weeks before the program, to review everyone’s oral presentations.

Be helpful and proactive Suggest ways your faculty can draw on their firms’

resources to prepare high quality written materials efficiently. Some examples: If this is a beginning or intermediate level seminar, the training directors in large firms may have prepared explanatory materials and sample documents for associate training. Senior associates may have developed their own form files of sample documents, useful source books and websites. Ask for them!

.

IV. The Third Stage: Follow-up and AdministrationSend your information to the faculty early. As soon as the

brochure is written, send an information packet to each faculty member with all the details about the program: date and time of seminar; date and time of faculty meeting; deadline for submission of written materials, request for faculty biography; form of permission for written materials; faculty list, etc.

Enforce your due dates for written materials. Set your due date for written materials two weeks before you really need them! Then you can give a few days grace period to any faculty members who ask for last minute extensions and still have your materials when you need them.

Follow up with reminders! Urge, cajole, and NAG! But be polite! Send an email one week before the deadline submission

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for written materials reminding the faculty of the due date and repeating any information they need about format, etc. Send another reminder the day after the due date, for those who have not submitted on time. Keep track of submissions as they arrive and call any volunteers who are more than three days late.

Send a reminder a week before the program repeating final details. Be sure to tell the faculty to arrive early to ensure a prompt start.

Once again, be helpful and proactive. Suggest ways that the faculty can take advantage of their appearance at your CLE seminar to showcase their own participation. Send them brochure copies that they can mail to their clients and “friends of the firm.” Suggest that they publicize the seminar in the newsletters of the professional organizations that are important to them or to their clients.

V. Know what faculty members want, and give it to them.

Make every seminar and book an enjoyable and successful experience for your faculty. Volunteers want their experience to be pleasant and efficient. They will volunteer again if you are well organized, administer the program smoothly, and make sure that the end-product is something the volunteers can be proud of.

Volunteers want publicity to showcase their reputation in the legal community, to impress their clients and to attract referrals or new clients. Suggest ways that they can bring their participation to the notice of a larger audience. Send them brochures that they can mail to their clients and others. Suggest that they publicize the program in industry newsletters or publications. Offer the seminar book to the faculty at a quantity discount so that they can purchase extra copies to distribute to their clients and to display in their offices

Help faculty members leverage their participation and get greater recognition for their volunteer efforts. Suggest ways that they can adapt their speeches and written materials to

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use in presentations to clients, industry publications or their law firms’ client newsletters.

Offer to showcase your faculty in additional programs. Ask them for their areas of particular interest, and follow up with an invitation to volunteer.

Ask the faculty to recommend other lawyers in their firm to volunteer in future programs. You will recruit new talent and help your veteran faculty mentor their associates.

Above all, be well organized, creative and professional. You should be as expert in the creation and development of continuing education seminars as your volunteers are in their substantive topics. If you demonstrate this through your actions, they will be happy to volunteer for you again and again.

VI. Wrap-UpSend a thank-you note to the volunteers as quickly as

possible.If you tabulate registrants’ evaluation forms, send a

summary to the chair.Prepare a memo to the file summarizing the points to

remember about the program content and administration, including faculty performance and suggestions. The memo will be helpful if you repeat the program, and will help you improve the performance of veteran faculty.

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August 28, 2002

Howard Zaharoff, Esq.,

Morse, Barnes-Brown & Pendleton, P.C.

1601 Trapelo Road

Reservoir Place

Waltham, MA 02451-7333

Dear Howard:

Thank you for agreeing to chair MCLE’s program Advanced Licensing Issues. The seminar will take place on Thursday, December 12, 2002 from 9:00 a.m. – 1:00 p.m. at MCLE Conference Center, Ten Winter Place, Boston.

I ask the program chair to recruit the faculty and write the program brochure. I leave it to you to develop the agenda subtopics based on our recent conversations about the program content. I have enclosed several brochures from current programs for your information as to content and format. As you can see, most brochures are written in three sections: "Why Attend?" "You Will Learn" and "Agenda." You can type the brochure content with the faculty list as straight text and email it to me at [email protected]. I will change it to fit MCLE format. Please send the brochure text to me by Wednesday, September 5, 2003 even if you have not confirmed the entire faculty. This will allow us to format the brochure as quickly as

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possible and add additional names as you supply them within the next few days.

Please keep in mind that choosing faculty members is a very important phase of program planning. The program doesn’t get any better than the presenters. In addition to the requisite substantive expertise and practical experience, we seek volunteers with excellent presentation skills and the willingness to put in the time to contribute to a professional presentation. Resist the temptation to coax the participation of a reluctant volunteer or negotiate away MCLE’s standard of excellence. In choosing faculty members, please remember that we seek diversity on our panels. Factors to consider include gender balance, racial or ethnic mix, geographical variety, plaintiff and defense, and attorneys from large firms and small firms as well as solo practitioners.

MCLE issues a paperback volume of seminar materials with each of our programs. When recruiting faculty, please underscore that there is a dual responsibility- authoring written materials and giving an oral presentation. MCLE’s audience relies on and expects to receive comprehensive, practical written materials supporting the oral presentation. If you want to recruit government officials for the panel, but they do not have the time to write a new chapter for the book, they can submit memoranda, position papers or other documents that their offices have already prepared for the information of the bar and the public. The faculty will not have to submit their written material to MCLE until Wednesday, November 13, 2002.

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Please call me to discuss the program when you have prepared a draft of the brochure. My direct dial is (617) 350-7006 ext. 1243; my e-mail is [email protected]

I look forward to working with you on this important program.

Sincerely,

Carol Weiss Kotler, Esq.

MCLE Program Attorney

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MEMORANDUM

To: Faculty of Advanced Licensing Issues

From: Carol Weiss Kotler, Esq., Program Attorney

Re: Program Information

Date: September 9, 2002

______________________________________________________________

Thank you for joining the faculty of MCLE's Advanced Licensing Issues seminar, chaired by Howard G. Zaharoff, Esq. The program will take place on Thursday, December 12, 2002 from 9:00 a.m. – 1:00 p.m. at the MCLE Conference Center, Ten Winter Place, Boston. I have enclosed a copy of the program brochure and faculty roster for your information.

We have scheduled a faculty meeting on Wednesday, October 16, 2002 at 12:30 p.m. at MCLE Conference Center. Lunch will be served. At this meeting, we will assign r responsibility for each faculty member’s oral presentations and written materials and develop the final speakers’ presentation schedule. Please make every effort to attend this important meeting in person. If you cannot join us at MCLE, we will connect you by conference call. If you have not already done so, please

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reply to my assistant, Colleen Allen. Her phone is 617-350-7006, ext. 1223, or email [email protected].

MCLE will publish a book in conjunction with this seminar. The deadline for submission of written materials to MCLE is Wednesday, November 13, 2002. Your submission may consist of substantive explanations and other materials on your assigned topic, and can include materials on this topic that you have previously prepared. Please submit your materials electronically, to [email protected]. Please submit a perfect quality Xerox or the original document for any materials that you do not have in electronic form.

Your written materials should be practical and practice oriented. Sample forms, documents, letters and checklists that you use in your practice are particularly useful. The enclosed "MCLE Faculty Guide" contains suggestions to assist you in preparing your written materials and oral presentation. Please inform me if you are including copyrighted materials so that I can process the necessary requests for permission to publish.

Please fill out and return the Publication Acknowledgment Form and the Biographical Abstract Form and return them to MCLE as soon as possible. Biographical abstracts of each panelist will be included in the written materials and will appear on our website. Please send us an updated bio via email to [email protected].

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Please call me if you have any questions at (617) 350-7006, ext. 1243; my email address is [email protected]. My assistant, Colleen Allen, can be reached at extension 1223 or email [email protected].

Thanks again for your commitment to this exciting program.

Enclosures

Program Brochure MCLE Faculty Guide Faculty Roster Publication Acknowledgment Form Biographical Abstract Form

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To: Faculty of MCLE’s Advanced Licensing Issues seminar

From: Carol Weiss Kotler, MCLE Program Attorney

Re: Written Materials Reminder

Date: November 6, 2003

----------------------------------------------------------------------------------------------------------

This is a reminder that your written materials for MCLE’s seminar Advanced Licensing Issues are due on Wednesday, October 16, 2002. Please submit your materials in electronic form (as an email attachment) to me, Carol Weiss Kotler. My email address is [email protected]

If you are submitting some materials that you only have in hard copy (e.g., printed copy of a government bulletin), please be sure to mail your entire submission (the material that is available only in hard copy, and a hard copy of the rest of the materials that you are submitting, and ALSO send me whatever you can by email attachment. Please indicate in your hard copy mailing what material is only being submitted in hard

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copy, and where it is to be placed in your article. Mail the materials to Carol Weiss Kotler, Program Attorney; MCLE; Ten Winter Place; Boston, MA 02108.

Please remember that MCLE must obtain reprint permission for anything that is subject to copyright ownership. Please clearly indicate the source of any copyrighted material that you submit to us, and we will apply for the necessary permission.

If you have any questions, please don’t hesitate to contact me. My direct phone is 617-350-7006, ext. 1243; my email address is [email protected]

Thank you for the time and attention you are devoting to your materials. Please submit them on time so that we have the time to create a book that you can be proud of.

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December 12, 2002

James S. DeGraw, Esq.

Ropes & Gray

One International Place

Boston, MA 02110

Dear Jim:

Thank you for joining the faculty of MCLE’s Advanced Licensing Issues seminar. You helped create an excellent program. I appreciate the time and attention you devoted to your presentation and written materials. Continuing education is important to the profession, and I am grateful for your help with our work.

If you have any comments about this program, or suggestions for future seminars, please don’t hesitate to call me. My direct phone is 617-350-7006, ext. 1243; or email [email protected]

Sincerely,

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Carol Weiss Kotler

MCLE Program Attorney

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Final Details Memo:

To: The Faculty of Advanced Licensing Issues

From: Colleen M. Allen

Program Assistant

MCLE

Tel: 617-350-7006 ext. 1223

Fax: (617) 574-0344

Email: [email protected]

Date: December 9, 2002

Re: Final Program Reminder

MCLE’s seminar Advanced Licensing Issues will take place on Thursday, December 12, 2002 from 9:00 a.m. – 1:00 p.m. at the MCLE Conference Center, Ten Winter Place, Boston. Please arrive at least 15 minutes before the program is scheduled to begin to ensure a prompt start.

Please confirm with me (Colleen) any audio/visual or other requests, including PowerPoint.

If you will be using a PowerPoint presentation, please send us a copy by email as soon as possible so that we can load a copy of it onto our laptop before the program begins. This will eliminate the need to change disks during the program. Please bring a copy of your PowerPoint on disk as a backup.

If you have handouts that you would like distributed the day of the program, please make sure that we have them two days before the seminar so that we may have the opportunity to make enough

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copies for registrants. Please send them to me as an email attachment.

Each faculty member is welcome to invite one complimentary guest to the program. Please fax or email their names and firms or court affiliations to me and I will enter them as registrants. If you have any questions or concerns, please do not hesitate to contact me.

Thank you for your contribution to this important program.

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A Guide to Chairing

a Program

Defining the Learning Objectives

Recruiting Volunteer Faculty

Drafting the Program Brochure

Conducting the Planning Meetings

Assembling the Written Materials

Orchestrating the Day of the Program

Evaluating the Program

Leveraging Support from MCLE’s Staff

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Copyright © 2001 by Massachusetts Continuing Legal Education, Inc.

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Dear Colleague,

Thank you for agreeing to serve as an MCLE chairperson.

With over 40 years of experience in providing continuing professional education for Massachusetts lawyers, MCLE has earned a national reputation for excellence in CLE. The strength of the organization is based in large measure on the hard work and goodwill of its volunteer faculty. We greatly appreciate your willingness to volun-teer your time and expertise, which helps us to maintain our high standards in MCLE presentations and course materials.

As program chair, you serve as the “audience’s advocate,” taking the lead in determining the program’s content and format, drafting the brochure, recruiting the faculty, assembling the written materials, moderating the presentations on the day of the program and evaluating the program once concluded. This position requires a significant time commitment in order to ensure that the program is of the highest quality. You will work closely with one of MCLE’s Program Attorneys, who will provide you with any assistance you require to better enable you to develop and produce a successful seminar. In addition, during each phase of the program’s development, you will be able to rely upon the services and support of MCLE’s program staff, including our program assistants, technical services staff and marketing department to assist you in creating a superior product.

This Guide is provided to assist you in preparing for your seminar. We encourage an emphasis on practical content in both the written materials and oral presentations. As you know, a lawyer’s primary reason for enrolling in an MCLE program is to upgrade or expand his or her practice abilities. Ideally, participants will leave your program confident in their ability to incorporate the information, in-sights and techniques presented at the course into their daily practice.

Sincerely,

John M. Reilly, Esq.Jonathan C. Small, Esq.

Executive DirectorAssociation Director for Programs

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TABLE OF CONTENTS

Part 1 Defining the Learning Objectives.............1

Planning the Curriculum..........................................1

Contributing Your Expertise....................................1

Using Prior Courses as a Launchpad.......................2

Focusing on Practical Information...........................3

Employing Varied Teaching Methods.....................3

Utilizing Demonstrative Aids..................................5

Incorporating Ethics Issues......................................5

Referencing Available Technology.........................5

Providing Practice Management Tips......................5

Reviewing MCLE’s Seminar Features Checklist..................................................................6

MCLE Seminar Features Checklist.........................7

Part 2 Recruiting Volunteer Faculty...................9

Selecting an Expert Faculty.....................................9

Underscoring Faculty’s Dual Responsibility to Speak and Write.................................................10

Emphasizing Currency of Materials......................10

Recruiting a Diverse and Interdisciplinary Faculty....................................................................11

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Part 3 Drafting the Program Brochure.............13

Selling Your Seminar!...........................................13

Involving Faculty in the Creative Process.............14

Drafting the Brochure............................................14

General Copywriting Tips......................................18

Part 4 Conducting the Planning Meetings........21

Conducting the First Planning Meeting.................21

Conducting the Final Planning Meeting................26

Part 5 Assembling the Written Materials.........29

Meeting Audience Expectations of Useful Materials that Complement Presentations.............29

Including Practical Reference Tools......................29

Part 6 Orchestrating the Day of the Program. .33

Provide Overview of Program...............................34

Survey of the Audience..........................................34

Listen Critically to Faculty....................................34

Ethical Considerations...........................................35

Cancellation of Programs.......................................35

Part 7 Evaluating the Program..........................37

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Part 8 Leveraging Support from MCLE’s Staff...........................................................39

Program Administration.........................................39

Facilities.................................................................41

Written Course Materials.......................................41

Audiovisual Equipment.........................................41

Customer Service and Registration........................41

Registering a Guest................................................42

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Part 1

Defining the Learning Objectives

PLANNING THE CURRICULUM

MCLE plans its curriculum based on changes in case law, new legislation or regulations and emerging practice issues. Additionally, central to each practice area are offerings in the fundamentals that all new lawyers need for practice. MCLE’s underlying institutional objective, common to each and every program, is to teach participants useful information they can incorporate into their everyday practice. Registrants should be confident that the written materials and oral presentations provide up-to-date and exhaustive coverage of the subject.

CONTRIBUTING YOUR EXPERTISE

MCLE looks to your experience and expertise in determining program content within the overall program objectives. With that in mind, you should initially take some time to review the program’s objectives and consider how best to satisfy them. Consider the time allotted for the program and the experience

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level of practitioners for which the program is targeted. Prepare an outline of the information with which a registrant should come away from the program.

USING PRIOR COURSES AS A LAUNCHPAD

If the topic of your course has been included in past MCLE offerings, such as in fundamentals courses that are held on an annual basis, the Program Attorney will provide you with the following materials on file from the past program:

prior brochure,

lesson plans, if available,

the program agenda outline,

written course materials, and

a course evaluation summary.

These materials will provide you with a context for content development and marketing appeal. Additionally, the Program Attorney will provide you with any comments about the program stemming from our Curriculum Advisory Committee meetings, during which all MCLE programs are reviewed by your colleagues. You are encouraged to use these materials as a point of departure in developing the presentation. You are further encouraged to edit them aggressively to reflect substantive updates, registrant feedback and a freshness of approach. Because MCLE refines its seminars and materials through repetition, this is now an opportunity to improve upon earlier presentations.

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FOCUSING ON PRACTICAL INFORMATION

When determining program content, keep in mind that practitioners attend MCLE seminars because they want practical information that they can incorporate into their practice. As such, the seminar must aim not only to identify the most current legal issues, but also to explain how those issues play into practitioners’ day-to-day representation of clients. The participants must be taught how to apply the concepts addressed throughout the program.

EMPLOYING VARIED TEACHING METHODS

A program’s content is helpful only to the extent that it is absorbed by the audience. We have found that registrants appreciate and respond to varied and interactive educational techniques. While some concepts are best conveyed via a conventional lecture format, there is almost always an opportunity to supplement this with nontraditional teaching methods. Some of the methods and combination of methods that we have found to be effective include:

Faculty Demonstrations/Role-Playing

Members of the faculty demonstrate a particular skill as part of their presentation. For instance, a lecture on making an oral argument could be followed by a mock summary judgment argument.

Hypothetical Case Studies

As a supplement to a lecture, the faculty present a hypothetical fact pattern that raises many of the topic’s practice issues. They then explain how they would handle such a case. You can also pose variations of the problem to foster additional debate.

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Breakout Discussion Groups

As part of the program, registrants break into small groups with individual faculty members to discuss practice issues.

Case Clinics

As part of the program, registrants meet with faculty to discuss individual cases on which the registrants are working.

Registrant Exercises

During the program, students are quizzed on topics covered or asked to respond to hypothetical situations.

Question and Answer Sessions

Time is allotted throughout the program or at the end of the session for you to solicit questions from the audience and have members of the panel respond. Encourage questions and answers live from the floor. You can also request that registrants submit written questions to maintain more control of the discussion.

UTILIZING DEMONSTRATIVE AIDS

Technical and visual aids can also turn a standard lecture into a cutting-edge presentation. We have numerous resources to assist speakers, from simple flip charts and overhead projectors to Power Point hookups and Internet connections. Program formatting is a matter in which we have considerable expertise. Let our Program Attorney and audiovisual technician assist you in developing an innovative and original presentation.

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INCORPORATING ETHICS ISSUES

Always consider whether there are ethical issues about which attorneys need to be cautioned. As part of its mission, MCLE attempts to integrate ethics education into all of its programs.

REFERENCING AVAILABLE TECHNOLOGY

Speakers should be encouraged to inform registrants of available technology to assist them with their practice.

PROVIDING PRACTICE MANAGEMENT TIPS

Many of MCLE’s registrants are small firm or sole practitioners. As such, part of the program should be dedicated to providing tips for running a more efficient practice.

REVIEWING MCLE’S SEMINAR FEATURES CHECKLIST

Please refer to the Seminar Features Checklist on the following page, which provides a synopsis of the components of a quality program gleaned from MCLE’s 40-plus years of experience presenting seminars.

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MCLE Seminar Features Checklist

Proactive Chair to facilitate content delivery.The chair takes the lead in determining the program’s content and format. The chair is responsible for guaranteeing that the substantive content promised in the brochure is delivered by the faculty. An effective chair directs questions to the panelists throughout the program to help clarify points being made during the presentations. The chair acts as moderator for panel discussions and fields questions from the audience, repeating the question after it is asked. The chair keeps the program running smoothly and on schedule.

Speakers with substantive expertise and presentation skills.Faculty panelists are experienced practitioners with a particular focus on the relevant practice area. Presenters are effective public speakers with a sensitivity to the varied adult learning styles of the registrants.

Examples illustrating practice application.At the core of any effective MCLE presentation are specific examples which link theory to practice. Our registrants expect pragmatic solutions and specific recommendations which they can immediately apply to their practices.

Agenda and written materials.Each MCLE program has a written agenda, copies of which are distributed to registrants on the day of the program. In addition, MCLE’s audience relies on and expects to receive comprehensive, practical, up-to-date written materials supporting the oral presentations. Exhibits which support the course materials and are on point with course content should appear at the end of the written materials.

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Questions and answers and other interactive, participatory opportunities.Opportunities are provided for the audience to ask questions, either after each speaker, at several designated intervals, or at the conclusion of the program. When appropriate, there is also an opportunity for breakout groups (small groups with individual faculty members), roundtable discussions, or case clinics.

Visual aids and varied presentation formats.From traditional overhead projection to cutting-edge Power Point presentations, all seminars include visual aids when appropriate. Although standard lecture format is often effective, other presentation methodologies should be considered, including use of hypotheticals, panel discussions, and participatory workshops.

Business, technical and ethical commentary.When relevant, practice-specific commentary is offered by the faculty panelists. For example, information about document assembly software should be included. Practice management issues should be addressed. In all programs, ethics must be discussed. Our audience expects to receive advice on ethical issues from all of the experienced panelists.

Judicial or regulatory commentary (if applicable).When a state or federal judge or government regulator is a faculty participant, the perspective from the bench or agency enhances the program. Commentary may be offered throughout the seminar or via a self-contained lecture. Judges might also preside over a mock hearing or trial.

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Part 2

Recruiting Volunteer Faculty

SELECTING AN EXPERT FACULTY

Choosing faculty members is the single most important phase of program planning. The program doesn’t get any better than the presenters. In addition to the requisite substantive expertise and practical experience, we seek volunteers with excellent presentation skills and the willingness to put in the time to contribute to a professional presentation. Resist the temptation to coax the participation of a reluctant volunteer or to negotiate away MCLE’s standards of excellence. The volunteer faculty must express the willingness and ability not only to provide an excellent oral presentation during the day of the program, but also to attend preprogram planning meetings and contribute well-prepared written materials in a timely manner. Therefore, when considering whether to invite back a member of a prior panel, please review both the evaluation summary to ensure that the presenter was well-received and the course materials to confirm that he or she fulfilled his or her commitment to provide current, practical and substantive written materials.

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UNDERSCORING FACULTY’S DUAL RESPONSIBILITY TO SPEAK AND WRITE

When recruiting faculty, it is imperative that you underscore the dual responsibility of each member to author written materials and give an oral presentation. MCLE’s audience relies on and expects to receive comprehensive, practical, written materials supporting the oral presentations. Please emphasize this expectation when recruiting faculty volunteers. Avoid welcoming a former volunteer who is not willing to put in the time to update his or her written materials.

EMPHASIZING CURRENCY OF MATERIALS

The currency of the written materials is of foremost importance to the registrants and, consequently, poorly developed and out-of-date materials jeopardize the substantive integrity of the program. Keep in mind that the course book will be referred to long after the course is over. No matter how compelling the oral presentations, MCLE’s audiences give low ratings to programs with weak written materials.

RECRUITING A DIVERSE AND INTERDISCIPLINARY FACULTY

When recruiting faculty members, please remember that we seek diversity on our panels. Factors to consider include gender balance, racial or ethnic mix, geographical variety, government service, plaintiff and defense perspectives, as well as both large firm and small firm orientation. Consider also the benefits of utilizing professionals from other disciplines, such as government regulators, accountants, scientists, etc.

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Part 3

Drafting the Program Brochure

SELLING YOUR SEMINAR!

Now that you have thought through the objectives of the course, it is time to consider how best to market the program to potential attendees. The program chairperson is asked to draft a one-page brochure that MCLE will include in its bimonthly catalog and collateral marketing pieces to advertise the seminar. This is the singular opportunity to showcase the program and faculty. We know from years of experience that well-written course objectives can increase attendance significantly. Given the time and commitment it takes to prepare your program, we know you want it to be as well-attended as possible. It is imperative that the brochure send a message that is both accurate and dynamic. It must describe both the topics and the teaching formats to be employed.

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INVOLVING FACULTY IN THE CREATIVE PROCESS

While you will be the one to write the draft, the Program Attorney and your faculty should be involved in the creative process in order to ensure that the brochure comports with the information actually presented at the seminar. Tight schedules and quick turnaround of MCLE’s marketing campaigns make it difficult, if not impossible, to make changes to brochure copy once the marketing cycle begins. Therefore, it is imperative that the first program planning meeting be scheduled prior to the brochure deadline so that the entire faculty has an opportunity to contribute to the program design. This creative collaboration not only results in a better program, but promotes volunteer faculty commitment. Also, it gives each participant an opportunity to double-check names, titles and professional affiliations. Because MCLE’s programs provide faculty with significant professional visibility, we make every attempt to ensure the accuracy of our faculty listings.

DRAFTING THE BROCHURE

To assist you in drafting the brochure, we have prepared these simple guidelines to be followed by busy lawyers who are not professional copywriters.

By “well written,” we don’t mean flowery, glitzy or hype-laden. We do mean complete, clear and specific.

Please see the sample brochure on the following page.

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Title and Subtitle

Make sure this includes the benefit of attending the course, not just the name of the subject. Write both a title and subtitle.

WRONG: Corporate Practice

RIGHT: How to Incorporate and Counsel a Business From Choice of Entity to Corporate Maintenance

“Why Attend?“ Section

Write one or two paragraphs which describe the problems the course will help solve, why such a course is needed and the course approach. Write in the present tense.

For example, “This seminar takes you step-by-step through the closing process.”

Length: 100 - 150 words

“You Will Learn” Section

Here you should provide a list of at least five bulleted items that describe benefits the attendee will receive. (It’s fine if this repeats some of the items in your Agenda and Written Materials

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Begin some benefit statements with one of the following words:

Who. . .What. . . When. . .Why. . .How. . .

Do not begin with:

To . . .About . . . An . . .A . . .

(It will sound boring.)

“Agenda and Written Materials” Section

This is a concise description of what you will cover. It should have at least five parts. The heading of each part should be the benefit of having heard that part, not just the name of the subject.

WRONG: Forms of Organization

RIGHT: How to Choose the Most Appropriate Organizational Form

This section may repeat some of the items in your You Will Learn section.

GENERAL COPYWRITING TIPS

Here are some general writing tips to consider for the text:

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A picture is worth a thousand words. If you have a chart or a table that illustrates your points, include it; we’ll print it.

Use action-oriented, conversational words.

Do not use “hype.” Do include as much detail as possible in each of your points.

Write in the active, not passive voice and use the word “you” as often as possible.

WRONG: Equity-based incentive compensation will be reviewed.

RIGHT: You will learn the pro’s and con’s of equity-based compensation

schemes.

Use words and phrases, not sentences. This enables you to get more substance in less space. Livelier, more compact, easier to read.

Be specific. Describe a law that was enacted in June, 1996, not “recently.” Or a technique that reduces paperwork by 37, not “substantially.” The more vague you are, the less readers continue reading.

Enumerate wherever possible.

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EXAMPLES:

“The five most important provisions of . . .”“Four techniques for . . .”“Three different types of . . .”

Include at least one unique thing in every course and highlight it by placing an asterisk after it and including a footnote that says:

“* new material presented here for what is believed to be the first time anywhere.”

Remember the “golden rule.”

DON’T TELL ME ABOUT YOUR GRASS SEED; TELL ME ABOUT MY LAWN!

In other words, emphasize the benefits to the attendee.

WRONG: Breathalyzers will be discussed.

RIGHT: You will come away with a solid understanding of how breathalyzers

work.

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Part 4

Conducting the Planning Meetings

CONDUCTING THE FIRST PLANNING MEETING

Preparing a well-executed program requires that you, all faculty members and the MCLE Program Attorney meet a minimum of two times prior to the program. These meetings are crucial to the success of every program because they enable the faculty members to focus on the objectives of the program, define the target audience, discuss the use of various pedagogical formats and agree upon the scope and content of the written materials.

To ensure that the content of the program matches the advertised course description in MCLE’s catalog, the first planning meeting must be held prior to the MCLE catalog deadline. The meetings generally run for about one and one-half hours, so we recommend holding a luncheon at MCLE for panelists’ convenience. During the first meeting, you and the Program Attorney should work with the other faculty members on the following issues:

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Program Objectives

The first questions you must ask are “What do we want the audience to learn during the program? What will they know at the end of the program that they didn’t know before?”

Target Audience

You also need to determine your target audience. Is this an entry-level basics course or for more advanced practitioners? Are the participants likely to represent large law firms, solo practitioners, or both? Answering these questions will help you define the content of the program.

Topic Content

Discuss the content of the program particularly as it relates to the target audience. What are their immediate needs? If it is an entry-level fundamentals course, the program should provide an overview of the subject matter. Other considerations:

Are there new developments in case law that need to be addressed, or legislation recently passed or in the works?

Are there common practice mistakes that registrants need to watch out for?

Are there ancillary topics of interest that could be highlighted?

Would the registrants benefit from regulatory or judicial commentary or perspectives from an interdisciplinary faculty?

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Does the program design have compelling features? Does it foster interactive learning or, where appropriate, promote the use of technology?

Program Format

Over the years, we have found that participants respond well to programs that disseminate information using varied and interactive educational techniques. Ask yourself and the other faculty members whether using the different teaching methods listed on pages 3–5 may reinforce the program content.

Written Materials and Deadlines

Because preparing the written materials takes time, you and the Program Attorney should use the initial planning meeting to assign topics and to establish a firm deadline for the submission of materials. (Please refer to Part 5 for a detailed discussion of the preparation of the Written Materials.)

Brochure

Prior to the first meeting, you and the Program Attorney will have already identified the faculty members, discussed the overall learning objectives and scope for the program, and prepared a draft of the brochure. The first meeting provides an opportunity for you to receive creative input from the faculty as to the content of the brochure. (Please refer to Part 3 for a detailed discussion of the preparation of the Program Brochure.)

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Sample Agenda for Initial Faculty Meeting

MEMORANDUM

To: The Rivers Protection Act and Regulations Faculty

From: Jonathan C. Small, Esq.

Date: July 22, 2000

Re: First Planning Meeting Agenda

********************************

I. Program Date: Wednesday, October 1, 2000; 2–5 pm

II. Review Learning Objectives

III. Select Program Format(s)

IV. Develop Detailed Seminar Agenda

V. Assign Presentation Topics and Responsibilities

VI. Review Draft of Brochure

VII. Written Materials

A. Outline Scope and Content (including list of exhibits and appendices)

B. Assign Responsibilities

C. Deadline—September 3, 1997

VIII. Consider Use of Presentation Aids

IX. Schedule Final Planning Meeting

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CONDUCTING THE FINAL PLANNING MEETING

During the final meeting, you and the faculty should focus on the details of the substance of the program, the logistics of the presentation format, the written materials and the agenda for the program itself. You should ask yourself:

Does the program agenda cover all of the issues outlined in the brochure? Is the program agenda realistic—can you cover all of the items in the allotted time?

Are there any ethical issues about which attorneys need to be cautioned?

Is there technology available to assist practitioners with practice management?

Will the use of any audiovisual aids enhance the quality of the program: overhead projector, slides or on-line Internet hookup?

The MCLE Program Attorney and his or her assistant will take care of the logistics necessary to arrange the planning meetings. We strongly encourage you to meet at MCLE’s downtown conference center because it serves to reinforce the faculty’s commitment to MCLE and also enables them to familiarize themselves with the setting. If your program requires the use of visual aids, MCLE requires that you meet with our audio-visual technician to ensure compatibility between hard-ware and software—this can be done before or after a planning meeting. We find that programs that incorpo-rate technology into the presentation run more smoothly when the faculty has done a dry run-through.

Sample Agenda for Final Faculty Meeting

MEMORANDUM

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To: The Rivers Protection Act and Regulations Faculty

From: Jonathan C. Small, Esq.

Date: September 3, 2000

Re: Final Planning Meeting Agenda

******************************************

I. Finalize Program Agenda Program Date: Wednesday, October 1, 2000;

2-5 pm

II. Collect and Review Written Materials

III. Discuss Program Design

A. Compelling Features

B. Interactive Learning

C. Promote Use of Technology

IV. Ethical Issues

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Part 5

Assembling the Written Materials

MEETING AUDIENCE EXPECTATIONS OF USEFUL MATERIALS THAT COMPLEMENT PRESENTATIONS

As discussed above, written materials are an integral part of the seminar experience: they are one of the main factors the audiences use in judging the quality and success of a program. MCLE cannot overemphasize the importance of useful and content-rich written materials. The materials must be current and comprehensive, and must reflect the content of the course and serve as a reference tool long after the program is over.

INCLUDING PRACTICAL REFERENCE TOOLS

MCLE’s focus is applied law and the course participants are eager for you and the faculty members to share your practical experience. As an extension of the oral presentation and on-site demonstrations, participants need a how-to text to serve as a reference handbook at the conclusion of the program. It is your

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responsibility to work with the Program Attorney to ensure that the written materials are user-friendly, practical and comprehensive. The best practice is to get each of the faculty to prepare original materials about the topic. In addition, registrants find particularly helpful practice tools such as sample forms and pleadings, checklists, summaries of related cases, charts, a list of relevant statutes, ethical commentary and a bibliography of other resources.

As discussed above, you will be the point person for assigning topics and reviewing materials for accuracy and thoroughness. There are two primary types of supporting course material:

New Written Materials

MCLE expects that faculty members provide original materials to support their presentations. They should be aware of this expectation when they are recruited. Sometimes, if the program has been done in the past, you will have a prototype based on prior materials from which to model the materials. However, prior materials do not relieve the faculty of the job of providing comprehensive up-to-date materials supplemented with appropriate exhibits. In order to provide the participants with the best possible written materials, it is imperative that you carefully review any pre-existing materials and update and/or add new materials as necessary. Once again, the addition of checklists, sample forms, sample pleadings, etc., is often the difference between mediocre written materials and high-quality materials with a long shelf-life.

Utilizing Existing MCLE Publications

In some instances, MCLE will have an existing publication in its practice library which complements a program. For example, Preparing Estate Tax Returns is used to support the program of the same title. In such cases, the faculty members are not required to provide additional written materials.

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However, the use of an existing publication should not discourage faculty members from providing handouts in addition to the book.

Please refer to the Seminar Features Checklist on page 7, which provides a synopsis of the components of a quality program.

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Part 6

Orchestrating the Day of the Program

At the outset of the program, the program administrator will introduce the program, cover some administrative details and introduce you. You will, in turn, provide a brief introduction of each of the faculty members. These should be no more than a few sentences each. More extensive biographical summaries are included in the written materials.

As the program chairperson, your role throughout the program is unique. By serving as both the audience’s advocate and a moderator, you are in a position to make sure that we deliver what we promised, that the audience’s needs are met and that the program stays on track in both substance and time. We find that a program is well-received when the chair is vigilant about the delivery of the subject matter and less involved in the actual dissemination of the information. As the chair, there are a number of teaching techniques you should consider.

Provide Overview of Program

Start off the program by providing the audience with an overview of the agenda, the content of the written materials

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and a summary of what they will learn.

Survey of the Audience

At the beginning of the program, ask the audience questions about their practice experience. This establishes a rapport with and engages the participants. More importantly, this provides you and your faculty with a better understanding of the audience. Also, by engaging the audience at the beginning of the program, you set the tone for the rest of the day.

Listen Critically to Faculty

During the faculty presentations, listen critically to both the content and the delivery. Take notes. Has the faculty member left out an important issue? Were parts of the presentation unclear? Would an example clarify a particularly complex issue? What can you do to enhance the value of this presentation? Here, your role as chairperson is crucial because you can supplement an incomplete presentation or turn a mediocre presentation into an excellent discussion. You can do this by using some of the following methods:

Expound on an Issue: If you think an issue is left unclear, before moving on jump in and either ask the faculty member to expound on the issue or take a few minutes and discuss it yourself.

Ask the Faculty Member a Question: Interrupt a wandering discussion to bring the panelist back on track; or, at the end of the presentation, ask the faculty member a few pointed questions.

Open Up the Issue for a Brief Panel Discussion: Ask other faculty members to give their opinion.

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This is particularly useful when the subject matter is unsettled or controversial.

Ask the Faculty Member for an Example: To clarify the presentation, ask the faculty member to put it in context by providing an example; or pose a hypothetical problem and ask the faculty member how he or she would handle it.

Open Up the Floor for Questions and Answers: Instead of waiting until a predesignated time for questions and answers, encourage participants to ask questions immediately following the presentation and throughout the day.

Ethical Considerations

When appropriate, you should flag any ethical considerations raised by the subject matter.

Cancellation of Programs

We rarely postpone or cancel our programs. In the event of a severe snowstorm, a decision is made by 6:00 a.m. and an appropriate message is recorded on MCLE’s general voicemail greeting. The Program Attorney will contact you as soon as a decision is made.

On rare occasions, a program may be cancelled due to low enrollment. However, this decision is made in only the most unusual circumstances. We can never gauge accurately the number of at-the-door registrations likely to occur. Thus, even if preprogram registration is lower than expected, there is always the possibility of walk-up registrations. The Program Attorney will communicate with you as early and as often as possible regarding the possible cancellation of a program.

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Part 7

Evaluating the Program

MCLE is committed to providing the highest quality CLE programs. As an institution, we are consistently monitoring the successes of the programs and thinking of innovative ways to keep the programs fresh by improving upon the delivery of the content (both the oral presentations and the written materials). We rely on the input of the audience because they are the ultimate arbiter of a program’s success.

At the beginning of each program, evaluation forms are distributed to all of the participants. The evaluations ask the participants questions about the content, presentation and faculty members. The evaluations are collected at the end of the program and read carefully by the Program Attorney, MCLE’s Executive Director, and members of MCLE’s Curriculum Advisory Committee. The results are collated and a synopsis is sent to the chairperson. The results are factored into future planning and programs.

Although at the beginning of each program the participants are strongly encouraged to complete the evaluation by the MCLE program administrator, we have found that unless the chairperson reinforces the request, response rate is low. MCLE cannot overemphasize the importance of the evaluations: the evaluations serve as our primary source of feedback.

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As chairperson, we would appreciate it if, before the question and answer period or just prior to the conclusion of the seminar, you would stop the program for one minute and ask all of the participants to complete the evaluation form.

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Part 8

Leveraging Support from MCLE’s Staff

The staff of MCLE is pleased to work with people like you who are willing to offer your time and expertise to other practitioners. We strive to present the best CLE programs in Massachusetts, by addressing both timely and timeless topics, using experienced and talented attorneys at our seminars, employing high standards for our written course materials and always trying to improve upon programs that we have done before. Here is a sketch of MCLE and whom you should contact with questions, concerns or problems. To reach the staff members listed, call 617-350-7006 or 800-966-6253 and enter the extension as directed.

Program Administration

Our programs are usually administered by a Program Attorney or the Program Manager. This person may have spoken or corresponded with you already. Most questions should be directed to one of these staff members, or their assistants:

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MCLE CONTACT NUMBERS

Jonathan Small x1244 ([email protected])Associate Director for ProgramsVirginia Martelli x1406 ([email protected])Program Assistant

Richard Milstein x1241 ([email protected])Consulting DirectorMegal Stuart x1239 ([email protected])Executive Assistant

Carol Weiss Kotler x1243 ([email protected])Program AttorneyPaula Andreattola x1223

([email protected])Program Assistant

Susan Lynch x1234 ([email protected])Program AttorneyMark Beaudoin x1245 ([email protected])Program Assistant

Rebecca Allen x1238 ([email protected])Conference Center Manager

Franklin Meja x1257 ([email protected])Audiovisual Assistant

MCLE617-350-7006

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800-966-6253

Facilities

If you have questions about our facilities or need accommodation because of a disability, contact Rebecca Allen, Conference Center Manager, at x1238.

Written Course Materials

When members of the faculty submit their contributions to the course materials, the program administrator turns them over to an assistant to obtain any necessary reprint permission. Then, MCLE’s production assistant organizes the materials and compiles the book. If you have questions about the production process, contact your program administrator or his or her assistant.

Audiovisual Equipment

MCLE encourages the use of audiovisual equipment to enhance faculty presentations. MCLE has several options for presenting audiovisual displays, including an overhead projector, a video scanner, a slide projector, videocassette recorders and scan converters. The Audiovisual Assistant who will be assisting you on the day of the program is Franklin Meja, x1257 ([email protected]).

Customer Service and Registration

The customer service department provides front-line assistance to callers and visitors to our bookstore. MCLE’s Registrar is Peniey McClary, x1230 ([email protected]). If you would like to register someone for your program (even if you are

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using a complimentary ticket), call MCLE’s main number: (617) 482-2205 or 800-966-6253. MCLE’s bookstore can be reached at x1250.

Registering a Guest

Because of our panelists’ dedication to MCLE and continuing legal education, each faculty member may invite two guests to his or her seminar free of charge. This offer is limited to the MCLE program in which the panelist participates. Also, please note that not all programs (e.g., limited enrollment courses such as Roundtable Discussions and Trial Advocacy Workshops) are subject to this offer. To register guests for your program, simply contact your program administrator or customer service prior to the day of the program and provide them with the name of your program and the names and addresses of your guests. Although your guests can register at the door on the day of the program by simply filling out a registration form and stating that they are your guests, we encourage advance registration so as to avoid any confusion or misunderstanding.

Thank you for your commitment to MCLE and we look forward to working with you.

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MASSACHUSETTS CONTINUING LEGAL EDUCATIONTen Winter Place Boston, MA 02108(800) 966-6253 Fax (617) 482-9498

www.mcle.org

FacultyGuide

Support from MCLE’s Staff

Tips for Writing Course Materials

Technical Preparation of Course Materials

Tips for Speakers

Facilities and Audiovisual Equipment

Tips for Using Visual Aids Effectively

On the Day of the Program

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Copyright © 1998 by Massachusetts Continuing Legal Education, Inc.

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Dear Colleague,

Thank you for agreeing to serve as an MCLE faculty member.

With over 40 years of experience in providing continuing professional education for Massachusetts lawyers, MCLE has earned a national reputation for excellence in CLE. The strength of the organization is based in large measure on the hard work and goodwill of the volunteer faculty who have preceded you. We greatly appreciate your participation, which helps us to maintain our high standards in MCLE presentations and course materials.

This packet contains materials to assist you in preparing for your seminar. We encourage an emphasis on practical content in both your written and oral presentations. Your objectives in preparing these two elements of your program should be slightly different. The written materials should provide comprehensive coverage of your topic, serving as a basic reference for the course participant after the program is concluded and you are no longer available for firsthand guidance. Your oral presentation should be more selective, omitting most of the broad-based information covered in the written materials and focusing on the more complex or

troublesome features of your topic where your expert analysis and professional experience are particularly beneficial.

A lawyer’s primary reason for enrolling in an MCLE program is to upgrade or expand her or his practice abilities. Ideally, participants will leave your program confident in their ability to incorporate into daily practice the information, insights and techniques presented at the course.

We hope your experience as an MCLE faculty member is pleasant and rewarding. I invite you to contact our staff if you have any questions or concerns regarding preparation for your upcoming seminar.Sincerely,

John M. Reilly, Esq. Jonathan C. Small, Esq.

Executive Director Association Director for Programs

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TABLE OF CONTENTS

Part 1 Support from MCLE’s Staff.....................1

Program Administration...........................................1

Facilities...................................................................3

Written Course Materials.........................................3

Audiovisual Equipment...........................................3

Customer Service and Registration..........................4

Registering a Guest..................................................4

Part 2 Tips for Writing Course Materials...........5

Know your reader. ..................................................5

Organize the text within the framework of a general outline. .....................................................5

Keep background material brief. .............................6

Use citations sparingly. ...........................................6

Distill formal opinions, statutes and articles. ..........6

Share your experience in writing. ...........................6

Identify ethical issues and common practice errors. ......................................................................7

Consider using attachments. ...................................7

Provide a “scope note.” ...........................................8

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Part 3 Technical Preparation of Course Materials.....................................................9Formatting Your Text..............................................9

Diskette Specifications...........................................12

E-Mail Submission.................................................12

Materials Taken from Other Sources.....................12

Release Agreement................................................13

Deadline.................................................................13

Biographical Abstract............................................14

Handouts................................................................14

Part 4 Tips for Speakers.....................................15Understand your assignment. ................................16

Know your audience. ............................................16

Speak from an outline. ..........................................17

Include ethical issues and common errors relating to your topic. ............................................17

Use examples, demonstrations and hypothetical cases emphasizing practical application. ..............17

Vary your presentation. .........................................18

Use visual aids for impact. ....................................18

Practice your oral presentation. .............................19

Connect with your audience and show interest in your subject. ......................................................19

Refer the audience to your written materials.........20

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Part 5 Facilities and Audiovisual Equipment.. .21

Facilities.................................................................21

Equipment..............................................................22

Powerpoint.............................................................22

Overhead Projector................................................23

Video Scanner........................................................23

Slide Projector........................................................23

VHS Videocassette Recorder.................................24

Part 6 Tips for Using Visual Aids Effectively.. .25

Practice using your visual aids prior to your presentation............................................................25

Communicate a single idea with each visual.........26

Apply the “rule of six” when using overheads......26

Use a new visual frequently...................................26

Provide copies of overheads or slides....................26

Part 7 On the Day of the Program.....................29

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1Part 1

Support from MCLE’s Staff

The staff of MCLE is pleased to work with people like you who are willing to offer your time and expertise to other practitioners. We strive to present the best CLE programs in Massachusetts by addressing both timely and timeless topics, using experienced and talented attorneys at our seminars, employing high standards for our written course materials and always trying to improve upon programs that we have done before. Here is a sketch of MCLE and whom you should contact with questions, concerns or problems. To reach the staff members listed, call 617-350-7006 or 800-966-6253 and enter the extension as directed.

PROGRAM ADMINISTRATION

Our programs are usually administered by a program attorney or the program manager. This person may have spoken or corresponded with you already. Most questions should be directed to one of these staff members, or their assistants.

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Support from MCLE’s Staff 2

MCLE CONTACT NUMBERS

Jonathan Small x1244 ([email protected])Associate Director for ProgramsVirginia Martelli x1406 ([email protected])Program Assistant

Richard Milstein x1241 ([email protected])Consulting DirectorMegan Stuart x1239 ([email protected])Executive Assistant

Carol Weiss Kotler x1243 ([email protected])Program AttorneyPaula Andreattola x1223 ([email protected])

Program Assistant

Susan Lynch x1234 ([email protected])Program AttorneyMark Beaudoin x1245 ([email protected])Program Assistant

Rebecca Allen x1238 ([email protected])Conference Center Manager

Franklin Meja x1257 ([email protected]) Audiovisual Assistant

MCLE617-350-7006

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Support from MCLE’s Staff 3

800-966-6253

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Support from MCLE’s Staff 4

FACILITIES

If you have questions about our facilities or need accommodation because of a disability, contact the Rebecca Allen, Conference Center Manager, x1238.

WRITTEN COURSE MATERIALS

When you submit your contribution to the course materials, the program administrator turns them over to an assistant to obtain any necessary reprint permission. Then, MCLE’s production assistant organizes the materials and compiles the book. If you have questions about the technical specifications or format of your written materials, contact your program administrator or his or her assistant.

AUDIOVISUAL EQUIPMENT

The use of audiovisual equipment to enhance your oral presentation is encouraged. MCLE has several options for presenting audiovisual displays, including an overhead projector, a video scanner, a slide projector, videocassette recorders and scan converters for computer presentations. For more information about available equipment, see “Facilities and Audiovisual Equipment” at Part 5 of this guide. The Audiovisual Assistant who will be assisting you on the day of the program is Franklin Meja, x1257.

CUSTOMER SERVICE AND REGISTRATION

The customer service department provides front-line assistance to callers and visitors to our bookstore. MCLE’s Registrar is Peniey McClary, x1230 ([email protected]). If you would like to register someone for your program (even if you are

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Support from MCLE’s Staff 5

using a complimentary ticket), call MCLE’s main number: (617) 482-2205 or 800-966-6253. MCLE’s bookstore can be reached at x1250.

REGISTERING A GUEST

Because of the dedication of our panelists to MCLE and continuing legal education, each faculty member may invite a guest to his or her seminar free of charge. This offer is limited to the MCLE program in which the panelist participates. Also, please note that not all programs (e.g., limited enrollment courses such as Trial Advocacy Workshops) are subject to this offer. To register a guest for your program, simply contact your program administrator or customer service prior to the day of the program and provide them with the name of your program and the name and address of your guest. We encourage advance registration so as to avoid any confusion or misunderstanding.

Thank you again for your generous contribution of time and energy to MCLE.

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2Part 2

Tips for Writing Course Materials

MCLE's focus is applied law. Course participants are eager for you to share your practical experience. As an extension of your oral presentation, they need a how-to text that can serve as a reference handbook in daily practice. To accomplish this objective, we provide the following guidelines to assist you in preparing the written materials for your program.

Know your reader.

Keep in mind the proficiency level of the target audience. Basic-level course materials require definitions of terms and a more thorough breakdown of procedure.

Organize the text within the framework of a general outline.

The text should begin with the title of your section of the course, your name, affiliation and city of affiliation. The body of the text should support the points you have delineated as outline subdivisions for your topic. Assign each subdivision a brief, descriptive heading; these headings create a uniform style throughout the course handbook and help the user to reference information easily. See sample at page 11.

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Tips for Writing Course Materials 7

Keep background material brief.

You may wish to present your topic in the context of recent developments or historical perspective, but try to limit the scope of background information. The bulk of your text should concentrate on practical application rather than theoretical or general discussion.

Use citations sparingly.

Citations should support, rather than dominate, your text. Ideally, citations are used in a practice-oriented context only to highlight key or recent decisions and statutes. Of course, citations are appropriate if your text focuses on substantive law, especially recent legislative and judicial developments.

Distill formal opinions, statutes and articles.

If a particular case, statute or article contains valuable information, try to summarize the key points and your interpretation of their significance for your reader. Original texts of such materials should be appended only if central to your presentation.

Share your experience in writing.

Course participants look to you to condense the subject matter for them in writing, but they are also seeking your practical interpretation of the law and your suggestions on practice strategy. Practitioners cannot obtain this information by reading statutes, case law, regulations or treatises. This is where hypothetical fact patterns, accompanied by your advice on how to work through the issues raised, will be useful to the newcomer to your practice area.

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Tips for Writing Course Materials 8

Identify ethical issues and common practice errors.

Because your materials reflect your practical experience and your substantive expertise, they will benefit attorneys who are not familiar with your practice area. Expose the reader to common mistakes and ethical issues, and address how to avoid them. Even if the issue is unresolved, at least mention it briefly.

Consider using attachments.

Attachments can be as helpful to your reader as your written text. Of particular interest are forms and documents that you use in your practice. Consider including the following (please redact names and other identifying information of the parties in the interest of privacy):

checklists

timelines

sample pleadings

sample letters

documents providing guidance on an agency's interpretation of regulations

the ten most commonly asked questions about your subject (with answers)

charts

annotated form documents

completed form documents

bibliographies of materials that you use in your practice

indexes of pertinent statutes, cases or regulations

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Tips for Writing Course Materials 9

unpublished opinions

Attachments should be free of blemishes and reproducible as is. MCLE will reproduce your documents so that they fit into MCLE's special margin requirements. (See “Technical Preparation of Course Materials” in Part 3 of this guide.) In addition, please provide copies of any overheads or slides that you intend to use during your presentation for inclusion in the printed materials.

Provide a “scope note.”

Once you have finished your article and selected supporting exhibits, please distill your work into a one-paragraph “scope note.” The scope note should describe your article and exhibits succinctly, so that the reader can see exactly what is covered in the materials. Think of the scope note as an abstract that also serves to whet the reader’s appetite for the information you have provided. The scope note should appear as the first paragraph of your article.

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3Part 3

Technical Preparation of Course Materials

MCLE produces bound course materials for almost every program. Following these specifications will help ensure that your contribution is suitable for printing.

Please submit both a hard copy and a 3½" diskette of your materials. The text file from the diskette will be repaginated in a desktop publishing system, using the hard copy as a guide.

FORMATTING YOUR TEXT

Keep it simple! In order to present a consistent look throughout the book, we will apply a standard formatting style to your text once we receive it. Therefore, when preparing your materials, you need apply only the most basic formatting elements: levels of heads and subheads, quoted material, bulleted lists, etc. Please avoid using more advanced features such as automatically generated cross-references and box text, as these elements do not always convert properly.

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Technical Preparation of Course Materials 11

Your page margins should be set at:Top and Bottom Margins: 1¾"Left and Right Margins: 2"

The typeface for the materials is Times Roman, 10 pt., single spaced with double spaces between paragraphs. The beginning of your article should include the following:

Title of article (not of program)Your nameFirm name and your city of affiliation

The headings in your article should be set up in outline form, using the following numbering scheme:

I.A.

1.a.

i.(a)

(1)

See the following page for a sample course materials page.

Note to PowerPoint users: If you are creating a PowerPoint presentation for use during the seminar, please provide us with a Word version of the content of the slides for use in the course materials.

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Technical Preparation of Course Materials 12

Section 1UNDERSTANDING

CAPITAL STRUCTURESPeter M. Rosenblum, Esq.

Foley, Hoag & Eliot LLP, Boston

I. SCOPE NOTEThis article sets forth the simplest model for categorizing the securities that make up a business’s capital structure; that is, by distinguishing between debt and equity securities. Beginning with equity and then moving on to debt securities, Part II presents the five or six characteristics of each struc-ture that are most significant in a general business environment. Part III discusses basic concepts that should be applied in the planning and development of capital structures. Part IV covers capital structures that are debt/equity hybrids, including “bond-like preferred stock” and “debt with an equity kicker.” Part V lists and discusses several devices, such as stock-holder voting agreements and voting trusts, used by stockholders in a cor-porate context to gain voting control and to accomplish such objectives as preventing a merger or creating a deadlock of a board of directors that can result in dissolution of the entity.

II. BASIC CAPITAL COMPONENTS OF AN ENTERPRISE

The conventional division of securities comprising an enterprise's capital structure categorizes the securities as either debt or equity. In this very simple model, debt and equity are identified by certain fundamental charac-teristics. The specific defining characteristics may vary depending on the person performing the analysis and the purpose for which it is being per-formed. Thus, a tax lawyer and a bankruptcy lawyer may reach different conclusions about the boundary between debt and equity for their purposes. However, certain general business assumptions about debt and equity can be identified outside these technical environments.

A. Equity1. Permanence of Investment

Ordinarily, parties to an enterprise expect that most of the equity securities of the enterprise will remain outstanding for the duration of the enterprise. The enterprise's equity is the bedrock foundation for its capital structure. Lenders to the enterprise will want to treat

SAMPLE PAGE

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Technical Preparation of Course Materials 13

When printing out a hard copy of your materials, please use 8½" x 11" letter-size white paper, printed on one side only.

DISKETTE SPECIFICATIONS

Please submit the 3½" diskette of your materials in IBM-compatible (PC) format. While we will accept files in any format, MS Word (any version) is preferred. We will also accept Macintosh documents saved in a PC-compatible format.

E-MAIL SUBMISSION

If you prefer, you may submit your materials to MCLE via e-mail by attaching a copy of the source document to an e-mail message sent to your program administrator.

MATERIALS TAKEN FROM OTHER SOURCES

If you are submitting copies of articles or other materials that are being reprinted from other sources, please review the following:

Make sure materials are up to date.

Submit clear and legible copies, without any handwritten marks on the page.

Adhere to the deadline for materials so that reprint permission can be obtained. Note that many publishers require more than two weeks for written permission to reproduce materials.

Provide us with the source of reprinted materials if it is not indicated in the materials themselves.

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Technical Preparation of Course Materials 14

RELEASE AGREEMENT

Please review, sign and return the enclosed release agreement granting MCLE the right to publish your written materials and oral presentation in any media or form.

DEADLINE

Please be aware of your deadline for all written materials. Your program administrator will inform you of your deadline. Generally, all materials should be sent to your program administrator one month before the date of the program. Because it takes substantial time to organize the materials, prepare a table of contents, get reprint permission where necessary and print a sufficient amount of materials for the course, late submissions may not be included in the seminar materials.

On or before your deadline, please mail or e-mail the following to your program administrator:

list of enclosures

clean original of your text (with attachments)

diskette of your materials

signed release agreement (see attached form)

biographical abstract (see attached form)

BIOGRAPHICAL ABSTRACT

Please provide a biographical abstract (“bio”) to be included in the printed materials. Of course, you are welcome to include

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Technical Preparation of Course Materials 15

any information you want in your bio, however, most bios include the following information:

where you practice

type of practice and areas of specialty

educational background

work experience

articles or books published

prior presentations

Please complete the enclosed form and return it to MCLE with your written materials by the deadline.

HANDOUTS

If you are providing material to be distributed as a handout on the day of the program, please secure reprint permission. MCLE can not distribute materials from other sources without proper authorization to do so.

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4Part 4

Tips for Speakers

If you are a new MCLE volunteer, you are probably eager to begin preparing your presentation. Before you do, there are some things you should know about training. Lecturing is one way to present material to a large group, and if “covering” the material is your primary goal, then there is probably no other way that is more efficient. But if teaching attorneys how to be better lawyers is your goal, then there are some things that you can do to enhance the learning experience.

Research has shown that people retain:

10% of what they read;

20% of what they hear;

30% of what they see;

50% of what they see and hear; and

90% of what they do and discuss.

To assist you in preparing for your upcoming presentation, the MCLE staff offers the following checklist. These tips come

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Tips for Speakers 17

from four decades of experience in organizing quality professional education seminars.

Understand your assignment.

What have you been asked to discuss? What will the participants be able to do after hearing your presentation? Your success as a speaker depends upon whether you teach the audience what the course brochure said they would learn.

Know your audience.

What is the general level of expertise of your audience? Tailor the scope of your presentation to the target audience defined in the program brochure. If the program is designed for lawyers new to practice or to your practice area, focus on the basics of the practice area, define the terms and cover all of the key steps. Your audience may understand better if you provide an example along with the definition. Certain practice strategies that are instinctive to you may need more detailed explanation for course participants who do not have your level of practical experience. If your presentation is intended to instruct sophisticated practitioners, your audience may be interested in the more subtle implications of recent legal developments and a more sophisticated approach to practice issues.

Speak from an outline.

Having a written outline will reduce the likelihood of omitting an important point. List the key points you wish to cover. Introduce your subject with a brief overview of the key points; close your presentation with a summary. Having an outline, however, does not mean reading from a script. Many negative comments on course evaluations pertain to the instructor’s lack of eye contact with the audience.

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Tips for Speakers 18

Include ethical issues and common errors relating to your topic.

Your audience will benefit from having practical problems brought to their attention. Discuss them briefly even if there is no clear-cut solution to the practice problems. Being aware of the implications of an action, an attorney is able to avoid a potential error and can seek advice early in the transaction.

In addition, make reference to relevant ethical issues. Cite ethical rules and principles and provide guidance on where to look for answers to questions of professional responsibility.

Use examples, demonstrations and hypothetical cases emphasizing practical application.

Emphasize the practical—what the lawyers in the audience will encounter 90% of the time in practice. Illustrations can make a presentation come alive. Without application to particular factual situations, principles of law are not only harder to understand but much more difficult to remember. Share the lessons of your experience. Point out common practice pitfalls and strategies for avoiding them. Discuss the advantages and disadvantages of various approaches. Describe techniques for handling specific problems. Opt for typical examples rather than unique or academic hypotheticals. Avoid lengthy background material and historical development. If appropriate, illustrate your talk with effective visual aids and demonstrations.

Vary your presentation.

To keep your audience engaged, it may be useful to “shift gears” periodically. An occasional pause or change of pitch, pace or volume will keep the audience’s attention. Use an

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Tips for Speakers 19

audiovisual aid, interject an interesting and relevant story or pose questions to the audience to vary your presentation. Consider using demonstrative exhibits, such as charts, spreadsheets, diagrams, graphics and other visual enhancements that will hold the audience’s attention and provide variety in your presentation. Also, use brief illustrations from your practice to enliven the material.

Also, be aware of your time constraints. Know how long your presentation will take and be prepared to modify it if time is short.

Use visual aids for impact.

As long as they are clear and visible, visual aids can enhance your presentation and clarify concepts for your audience. Unless you are merely showing what a form looks like, and not showing it for content, do not project a complex form on an overhead! The MCLE Conference Center has sophisticated audiovisual equipment available for your use. Please refer to “Facilities and Audiovisual Equipment” at Part 5 in this guide for more information.

Practice your oral presentation.

In-depth knowledge of your subject and the effective communication of that expertise are two different capabilities. One key to a successful presentation is adequate preparation. Remember—you have something worthwhile to say. The best way to present it is to talk naturally (though you should certainly avoid harsh language and off-color remarks). A practice run-through will allow you to check your timing and organization and make any necessary adjustments. Feel free to consult with our program attorneys for advice on the most effective teaching techniques or to schedule a time to practice your presentation.

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Tips for Speakers 20

Connect with your audience and show interest in your subject.

Make eye contact with the audience: look in their eyes. Speak in a conversational tone. Avoid the extremes of reading directly from your text and sounding like a know-it-all. Watch for audience reaction to gauge whether they understand the material. When appropriate, repeat important points. You might ask the audience questions or use some humor to break the ice (although jokes should be avoided). By demonstrating your own enthusiasm for the subject matter, you can enliven the learning experience for participants. Because time is short in many of our programs, do not: tell lengthy war stories; give a lot of background detail or historical perspectives; or exceed the time you have been allocated.

Refer the audience to your written materials.

To the extent that your written materials expand upon or reinforce your oral presentation, tie them together with an occasional comment. When appropriate, urge the audience to look at particular items in the written materials.

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5Part 5

Facilities and Audiovisual Equipment

FACILITIES

In Boston, MCLE holds programs at our Conference Center, located at 10 Winter Place at Downtown Crossing. There we have an auditorium, Milstein Hall, that holds approximately 300 people. We also have dividable seminar rooms that each hold up to 100 people. When appropriate, we utilize breakout rooms throughout our facility. These flexible facilities allow us to offer programs for groups of all sizes.

MCLE also conducts programs outside of Boston to serve attorneys throughout the state. Audiovisual equipment is also available for programs located outside of MCLE’s Boston facilities. However, please notify your program administrator of your audiovisual needs at least 2 weeks in advance of the program so that the appropriate equipment can be ordered and made available for your use on the day of the program. Unfortunately, last-minute requests for audiovisual aids may not be accommodated.

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Facilities and Audiovisual Equipment 22

EQUIPMENT

The audiovisual equipment described below is available for use by faculty during programs held at the MCLE Conference Center. We encourage instructors to use a wireless microphone when using electronic visual aids. In addition to electronic equipment, we can provide flipcharts, easels or a whiteboard.

We encourage instructors to familiarize themselves with the equipment and to practice using it before the program. You may arrange an appointment for on-site guidance on use of the equipment prior to the program. For further information, contact Rebecca Allen, Conference Center Manager, at 617-350-7006 or 800-966-6253, x1238. Please be sure to notify your program administrator of your audiovisual needs at least one week prior to the seminar.

Powerpoint

LCD projectors are installed in all of our seminar rooms. Instructors should bring their own laptop computers.

Note: Not all computers are compatible with MCLE's equipment. Instructors are strongly advised to perform a compatibility test on-site prior to the day of the seminar. Contact Rebecca Allen, MCLE’s Conference Center Manager, at (617) 350-7006 or (800) 966-6253, x1238, to make an appointment.

Overhead Projector

An overhead projector and display screens are available in Milstein Hall and all seminar rooms. Instructors should prepare their own documents on transparencies for projection (if you’re not sure how to do this, contact your program administrator for assistance). To be functional, text on projected materials should be large enough for the audience to read (e.g., a 24-point font

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Facilities and Audiovisual Equipment 23

size), unless a form is being projected simply to illustrate key points such as format or appearance, not prose. If you will be using transparencies, please provide a copy of each overhead for publication in the written materials.

Video Scanner

The scanner—which can be used to project transparencies, text or graphics on paper, or any two- or three-dimensional object—can be used in both Milstein Hall and the seminar rooms. In Milstein Hall, the scanner is connected to the video projector for display on the large screen; in the other seminar rooms, the scanner can be connected to TV monitors. Instructors should be aware that the video scanner projects, but does not enlarge, the object being scanned. If displaying text, instructors should greatly enlarge the font size.

Slide Projector

The slide projector accepts standard 35-mm slides and can be used in both Milstein Hall and the seminar rooms. A carousel is available. In Milstein Hall, a remote can be used to advance the slides; in the other seminar rooms, slides must be advanced manually.

VHS Videocassette Recorder

VCRs are available for use in Milstein Hall and in the seminar rooms. In Milstein Hall, the Audiovisual Assistant is available to cue video playback on the large screen according to the presenter's specifications. In the other seminar rooms, videos can be displayed on a TV monitor and a remote control is available for the presenter's use.

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6Part 6

Tips for Using Visual Aids Effectively

Audiovisual aids can greatly enhance your presentation. Good use of visuals can reinforce the learning experience, but poor use of visuals can actually detract from a presentation. The following tips have been collected to help you incorporate visual aids into your presentation.

Practice using your visual aids prior to your presentation.

Using visual aids is a learned skill. If you do plan to use a PowerPoint presentation, overhead projector, VCR or other audiovisual aid, practice using the tool when you practice giving your presentation. There is a certain amount of coordination necessary to use these tools effectively. Also, you are encouraged to use a cordless microphone when using visual aids. The Audiovisual Assistant helping with your program can provide you with one.

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Tips for Using Visual Aids Effectively 25

Communicate a single idea with each visual.

Illustrating a single idea is the most effective use of a visual. Expecting the audience to read an entire form document from their seats will only detract from your presentation. If you want the audience to see what a form document looks like, then you are communicating a single idea with the visual. If you want the audience to read anything on the document, then you are pulling their attention from your oral remarks rather than enhancing your practical advice.

Apply the “rule of six” when using overheads.

When creating transparencies, you can be sure that the audience will see your overhead if the overhead can be read from a distance of six feet when it is not projected. If you are placing text on an overhead, you should not exceed six lines of type and each line should not exceed six words.

Use a new visual frequently.

As consumers of television, we are accustomed to rapidly changing visual images. You should change visual images every 30–45 seconds. If you have no additional visuals to present to the audience, turn off the overhead projector.

Provide copies of overheads or slides.

If you are planning to use overheads or slides, please provide copies to be used as handouts so that the audience can follow along. If you are using a PowerPoint presentation, please also provide us with an outline of your slides in Word format for publication in the course materials.

Please contact your MCLE program administrator if you have additional questions about the effective use of

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audiovisual aids.

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Part 7

On the Day of the Program

The time has come for your presentation. Here are some last-minute reminders:

Unless otherwise arranged, please arrive at the program site (usually MCLE’s Conference Center) at least 15 minutes before the program, or at least 15 minutes before your segment begins. Please notify your program administrator or his or her assistant if you do not intend to arrive before the program or if you will be late.

Check in at the registration desk. This gives us the opportunity to greet you, confirm that you have everything you need for your presentation and provide you with copies of the agenda and printed materials.

When it’s your turn to speak, relax! The audience will appreciate you most if you are prepared, comfortable and speaking naturally.

Feel free to ask the MCLE staff for assistance. We appreciate your generosity and we want to make

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this a rewarding experience for you.

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VOLUNTEER FACULTY TIMELINE

Prior to Program Date . . .

. . . You Should Do This

Attend faculty planning meeting to determine program content, format and your speaking and writing assignments.

Submit written materials (including disk), publishing acknowledgment form, copyright permissions and biographical abstract for inclusion in written course materials

Attend faculty “dress rehearsal” to review and coordinate presentations.

Order Audio/Visual equipment.

Make arrangements for guests.

8–12 Weeks

4 Weeks

1–2 Weeks

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