The boondoggle of Continuing Legal Education, so often lacking in relevence to trench lawyers or so frequently taught by those whose knowledge and experience are, shall we say, underwhelming, is a constant source of irritation for lawyers.  It thus struck me, when a mind as sharp as Orin Kerr’s offered a CLE at Volokh Conspiracy, that it commanded attention.

This past summer, I was elected to serve on the Steering Committee of the Criminal Law and Individual Rights Section of the District of Columbia Bar. As part of my ‘steering’ duties, I wanted to steer readers to an interesting brown bag lunch we’re putting on next Monday, Representing Cooperators in Criminal Cases. Details, with a link to the registration page, are here.

It’s very impressive that Orin was “elected to serve” ona steeting committee.  Most steering committees have to pay to get anyone to join.  To get elected usually requires missing a meeting.  Yet Orin’s mention suggests a certain pride of accomplishment.  Good for him!  We can never have enough people who desire to hold official positions.

And what is there to learn?  Representing cooperators. Snitches. Rats.  Don’t make that face.

There’s much to know about representing the rat.  No, it’s not just directions from your office to the United States Attorney’s office.  No, it’s not just to remember to bring knee pads and a vente mochaccino (with lots of whipped) from Starbucks.  Hardly.

Experienced prosecutors and defense counsel will discuss the mechanics, advantages, and common pitfalls of client cooperation with the government.  Topics will include: Attorney and client proffers; Seeking immunity, deferred prosecutions, and plea agreements; Negotiating proffer and cooperation agreements; The factors prosecutors consider before granting concessions for cooperation; The pros and cons of transactional immunity, use and derivative use immunity, letter immunity, and court-ordered immunity; Preparing your client for interviews, the rigors of cooperation, and the collateral consequences; Staying in the government’s good graces after agreeing to cooperate.

That’s right, boys  and girls.  Staying in the government’s good graces is critical and often spells the difference between that 5K1.1 that you sucked so hard to get and the deep belly laugh as they haul your client off to prison after he gave up his mother.  Why do you think the barrista is so happy to see you, knowing that you will be buying vente mochaccinos for years to come to keep your assistant happy.  One cup and they own you.

Matters so serious and complex as staying in the government’s good graces can’t be taught by just anyone.  Obviously, there will be the requisite assortment of government lawyers, who will each explain their beverage preferences (and never forget Hawkeye’s admonition, “what’s a drink without a nosh?”).  But this CLE offers the huge advantage of some of the finest and most experienced lawyers from the defense side when it comes to bending one’s knee.