Family Law Institute 2009 CLE

Family Law Institute 2009

August 2009

Family Law Institute 2009

THIS YEAR’S INSTITUTE FEATURES:

- LIGHTNING ROUNDS – This fast-paced Friday afternoon session is back by popular demand!

- Tracks in the areas of Juvenile, Mental Health, Finance/Litigation, Paralegal Responsibilities, Collaborative Law, and Judicial panels!

- Colorado's top presenters in the legal, financial and mental health professions

- Many sessions to choose from

- Networking and social events

- A great location for the whole family

Agenda

Day 1 - Friday, August 7th

12:00 pm

Registration Open

1:00 pm

Welcoming Remarks - FLI Program Co-Chairs

Marie Avery Moses, Esq., Kelly Garnsey Hubbell + Lass LLC, Denver, CO

Megan M. Sherr, Esq., Gutterman Griffiths PC, Littleton, CO

Gary Abrams, Executive Director, Colorado Bar Association CLE, Denver, CO

1:05 - 3:25 pm

LIGHTNING ROUNDS - HOT TOPICS:

Representing a Client on a Budget

Presented by Terri Harrington, Esq.

Tax Returns for Dummies

Presented by James TenBrook, CPA

Who Holds the Privilege for Children's Treatment Records

Presented by Gina Weitzenkorn, Esq.

On the March: Military Issues Update

Presented by Carl Graham, Esq.

Understanding the Golden Parachute and Other Forms of Executive Compensation

Presented by Robert Levis, CPA

Imputing Income in a Bad Economy

Presented by Cynthia Bartmann, CDMS,CCM

Should I Take the House or the 401(k)

Presented by Lauren Sigman, CFP

10 Tried and Tested Methods for Successful Mediations

Presented by Helen Shreves, Esq.

Supervised Visitation:When,Why and Where

Presented by Robert Backerman, LCSW

3:25 - 3:45 pm

Break

3:45 - 5:00 pm

Ethics Presentation: To Confer or Not to Confer: The Need for Informed Consent and the

Meaning of a Duty to Confer

Presented by The Honorable Edward C. Moss

5:00 pm

Day 1 Adjourns

Day 2 - Saturday, August 8th

8:00 - 9:00 am

Breakout Sessions 1, 2, 3 & 4 - Please choose one to attend

SESSION 1

What is Endangerment? Legal Standards and Mental Health Perspectives

- What does the Endangerment Standard mean?

- What is emotional / developmental endangerment?

- How do you assess and substantiate endangerment?

Presented by:

The Honorable Angela Arkin, Lisa Perry, Esq. and Drew Loizeaux, PsyD

SESSION 2

The Jointly Appointed Accountant: Living Large Between a Rock and a Hard Place

Solutions to problems confronting jointly appointed forensic accounting experts

- Proposed communication protocol

- Avoiding “mission creep”

- Precise orders of appointment

- Use of “shadow” experts

- The dilemma of conflicting instructions

- Know thy scope

- Know thy expertise

Presented by:

Steve Epstein, Esq., Bill Vincent, CPA and Eric Six, CPA

Moderated by:

Yvonne Zuber, CPA

SESSION 3

Paralegal Responsibilities: From Client Intake to Temporary Orders

- Initial interview

- Preparation of Stipulated Case Management Orders

- Organizing the Case Management Orders deadlines

- Preparation for Temporary Orders

Presented by:

Lisa Laframbois

SESSION 4

Collaborative Parenting Solutions

- Parenting plans and how to approach cases where parents don't agree on parenting time

- Factors that go into the analysis of what cases can settle and what cases cannot

- How to approach the various cases (which will include an analysis of Parental Responsibilities Evaluations, use of Child and Family Investigators, the use of Child Specialists, the ENA process, and Mediation/Arbitration of issues).

- Assessing ultimate objectives when “resolving” parenting issues in a contested case

- How modalities of resolution affect the ultimate outcome for the post-decree family

- Guidelines for the implementation of different approaches

Presented by:

David Littman, Esq. and Barbara Shindell, LCSW

9:05 - 10:05 am

Breakout Sessions 5, 6, 7 & 8 Resume - Please choose one to attend

SESSION 5

Assessing Partner Violence

- Subtypes of partner violence

- A model for Risk Assessment

- Assessment of allegations of Domestic Violence in High Conflict Cases

Presented by:

Bill Austin, PhD and Susan Bryant, Esq.

SESSION 6

The Irrevocable Family Trust: When Grandma Gets Dragged into the Divorce

- How to handle trust interests in divorces

- Are mandatory income distributions from trusts “property”?

- Are beneficial interests in trust principal or distributions “property”?

- If beneficial interests in trusts are property, are the interests “separate” or “marital” property

- Discussion about “5&5” powers of withdrawal

- Is a non-cumulative limited power of withdrawal a “property interest”?

Presented by:
Suzanne Griffiths, Esq. and James Wade, Esq.

SESSION 7

Paralegal Responsibilities: Discovery through Permanent Orders

- Organizing the Discovery / Disclosures

- Obtaining documents from your client and other sources

- Assisting your attorney with selection of exhibits

- Permanent Order preparation

Presented by:

Candice Mauracher

SESSION 8

Collaborative Business Solutions

- Practical collaborative business solutions that address double-dipping avoidance, earn-outs, revenue sharing, buy-outs, finance participations, deferred distributions

- Mechanisms that enable spouses in family owned businesses to divorce in an uncertain economy

- Useful tools in settlement process involving the family business within collaborative process

Presented by:

Diana Powell, Esq., Bryan DesMarteau, Esq. and Deb Johnson, Esq.

10:05 - 10:30 am

Break

10:30 - 11:30 am

Breakout Sessions 9, 10 & 11 Resume - Please choose one to attend

SESSION 9

Effects of Trauma and Domestic Violence on Children

- Neurological impact of domestic violence on children

- Domestic violence and the disruption of child development

- Implications for parenting plans

Presented by:

Marian Camden, PsyD and Barbara Jensen, Esq.

SESSION 10

Black Swans and Business Valuation: Defining Value in the Aftermath of the Highly Improbable

- What the economic meltdown says about views on the “normal” business cycle

- Is anyone really capable of projecting earnings in this economy?

- How does the credit crunch affect business values?

- If your expert didn't predict the collapse in the Dow, why should the court believe his opinion about this company?

- When the best risk experts in the world got mortgage risks totally wrong, how do we know that our company risk assessments are correct?

Presented by:

Steve Harhai, Esq., Preston Hofer, CPA and the Honorable Randall C. Arp

SESSION 11

The Intersection of Abuse Avenue and Dissolution Drive: Dependency and Neglect Issues in Domestic Relations Cases

- Which case takes precedence?

- Access to Dependency & Neglect records and interviews

Presented by:

Carrie Clein, Esq.

11:30 am - 1:00 pm

Lunch

1:00 pm - 2:30 pm

Plenary Session - Judge's Panel

A Judge's Perspective on Civil Protection Orders and 14-10-129(4) Motions: Imminent Danger or Just a Tactic?

- When to file a Protection Order or 14-10-129(4) Motion

- When NOT to file a Protection Order or 14-10-129(4) Motion

- The aftermath of the filing of a Protection Order or 14-10-129(4) Motion

- Alternatives to filing a Protection Order or 14-10-129(4) Motion

- Procedures in the different counties for filing a Protection Order or 14-10-129(4) Motion

Presented by:

The Honorable Richard B. Caschette, Magistrate Rebecca S. Moss, Honorable Dolores D. Mallard, Honorable Jill-Elyn Straus, and Honorable Randall C. Arp

Moderated by:

Megan M. Sherr, Esq.

2:55 pm - 3:55 pm

Breakout Sessions 12, 13 & 14 Resume - Please choose one to attend

SESSION 12

How Close is Too Close? Discussion of Various Roles/Relationships of Professionals in a Case

- Some of my best friends are attorneys

- Some of my best friends are mental health professionals

- Case vignettes and group discussion

- When is there a conflict and what to do about it

Presented by:

Kathryn Beck, Esq.and Mac McShane, PsyD

SESSION 13

A Brief History of Separate Property Tracing Since Burford

- What the Courts have said

- Accounting standards and methodologies which have evolved since the Burford case

- Preserving separate property when it changes form

- Defeating erroneous separate property claims

- Successful presenting separate property claims at trial

Presented by:

David Melton, CPA and Bill Hunnicutt, Esq.

SESSION 14

Navigating the Interstate Compact for the Placement of Children

- Types of placements covered by the ICPC

- Description of the public aspects (D&N) and the private aspects (adoption)

- Procedures to be followed when making an Interstate Placement-

Protections, Services and Requirements of placing children through the ICPC

- Who's Who in Colorado ICPC actions

Presented by:

John Thirkell, Esq. and Seth Grob, Esq.

3:35 pm - 4:00 pm

Refreshment Break

4:00 - 5:00 pm

Breakout Sessions 15, 16 & 17Resume - Please choose one to attend

SESSION 15

Ethical Considerations of Early Neutral Assessment

- What is ENA? An Assessment? Mediation? Education?

- Does ENA present a multiple role ethics dilemma?

- The dangers of quoting high success rates

- The dangers of telling clients what an evaluator or a Court might do

Presented by:

Steve McBride, Esq., Sue Waters, MA, LPC, Julie VanHeyningen, PhD, and Bill Fyfe, Ed.D.

SESSION 16

I OBJECT! An Evidence Primer

- How to get your documents into evidence

- How to keep their documents out of evidence

- Hearsay (Is everything a Histrionic party says an “excited utterance”?)

Presented by:

Trish Cooper, Esq.

SESSION 17

Nuts and Bolts of the UCCJEA and Abduction Prevention Act

- How to register foreign orders

- Multistate phone hearings

- How to obtain necessary documents located in another state

- How to proceed when there is no home state

- Implementation of remedies under the UCAPA

Presented by:

Martin Brown, Esq.

5:00 pm

Day 2 Adjourns

Day 3 - Sunday, August 9, 2009

7:15 am

Registration Open / Continental Breakfast

8:30 am - 9:30 am

Case Law Update

Presented by:

Ron Litvak, Esq.

9:30 am - 10:30 am

LAW REVIEW 101

9:30 am

Bankruptcy 101

John Eckelberry, Esq.

9:50 am

Sex Crimes 101

Michelle Amico, Esq. and Kerri Lombardi, Esq.

10:10 am

Marital Torts 101

Laura Ammarell, Esq. and Dan Deasy, Esq.

10:30 am - 10:45 am

Refreshment Break

10:45 am - 12:00 pm

LAW REVIEW 101 Continued…

10:45 am

Real Estate 101

Dan Sweetser, Esq.

11:05 am

Immigration 101

Jeff Joseph, Esq.

11:25 am

Probate/Elder Law 101

Marco Chayet, Esq.

11:45 am

Appellate Practice 101

Melinda (Mindy) Moses, Esq.

12:00 pm

Closing Remarks and Adjourn

Marie Avery Moses, Esq., Kelly Garnsey Hubbell + Lass LLC, Denver, CO

and Megan M. Sherr, Esq., Gutterman Griffiths PC, Littleton, CO

Golf Information

Wanna Play A Round?

The 8^th Annual Golf Outing of the Family Law Institute

Where: Breckenridge Golf Club

When: Thursday, August 6, 2009

Tee Times: Tee times will begin at 2:00 p.m.

Cost: $69

Please sign-up on the registration form. Confirmation and details will be sent upon registration.

Space is limited! Please respond quickly and no later than July 15, 2009. First come - first-served basis. You will be notified immediately if the slots are full.

Hotel Information

Beaver Run Hotel Information:

Beaver Run Resort & Conference Center

620 Village Road
Breckenridge, Colorado 80424

PLEASE MAKE YOUR RESERVATION BY JULY 15, 2009!

CLE has reserved a block of rooms for guests of the Institute. Room rates start at $129 plus applicable taxes and resort fees. When making your reservation, in order to receive the group room rate, please indicate that you are a guest of the Colorado Bar Association Family Law Institute. Reservations will be accepted by phone at (800) 525-2253. Special room requests should be made when reservation is made. A deposit equal to one night of lodging is due at time of booking. Remaining balance is payable upon check-out. Cancellation within 72 hours of arrival will result in full forfeiture of all monies received.